Close Menu
Washington DC Business Lawyer
~ Washington DC Business Law Attorneys ~

Category Archives: Business Law

The Role of Internal Investigations in Corporate Governance

By Tobin O’Connor & Ewing |

In order to function, corporations must be able to govern and oversee themselves. Unfortunately, when the issue under review is the board of directors’ or other high-ranking managers’ conduct, self-governance can become more challenging. Without taking proper steps to ensure the integrity of such an investigation, it can often appear to be mere lip… Read More »

Facebook Twitter LinkedIn Google Plus

Derivative Litigation and Business Judgment

By Tobin O’Connor & Ewing |

Corporate governance typically allows each shareholder to assert decision-making power proportional to his or her ownership stake in the company. However, under some circumstances a dissatisfied shareholder can cause significant problems for a company through a shareholder derivative suit. This is a process by which one or more shareholders initiate a lawsuit on behalf… Read More »

Facebook Twitter LinkedIn Google Plus

What Is an S Corporation and Why Would You Want One?

By Tobin O’Connor & Ewing |

S corporation is a bit of a misnomer — it is not actually a distinct type of business entity. Rather, it is a tax option available under the Internal Revenue Code for certain domestic business corporations validly organized under state law. Typically, it is an option for relatively small domestic corporations. What’s more, the… Read More »

Facebook Twitter LinkedIn Google Plus

U.S. Supreme Court Rules that Severance Payments are Considered Wages

By Tobin O’Connor & Ewing |

Quality Stores was in financial trouble in 2001 when it began offering its employees severance packages. The question presented in United States v. Quality Stores, Inc. was whether severance payments from employers to employees constitute “wages” under the Federal Insurance Contributions Act (FICA). FICA is a mandatory federal payroll tax imposed on employers and… Read More »

Facebook Twitter LinkedIn Google Plus

When Business Partners Go Their Separate Ways

By Tobin O’Connor & Ewing |

Some business partnerships — like marriages — do not last forever. How you manage the split can mean the difference between exiting as friends or losing money, clients, resources and assets. Protect your interests and investment to come out as whole as possible at the end of the process. Severing a business partnership Business… Read More »

Facebook Twitter LinkedIn Google Plus

Recent U.S. Supreme Court Arbitration Law Decisions

By Tobin O’Connor & Ewing |

Two recent Supreme Court decisions, Oxford Health Plans, LLC v. Sutter and American Express Co. v. Italian Colors Restaurant, have clarified issues regarding class arbitration. In 2010, the Supreme Court ruled in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. that the Federal Arbitration Act bars class arbitration unless the parties affirmatively agree to it. This… Read More »

Facebook Twitter LinkedIn Google Plus

Obtaining a Mechanics’ Lien in Maryland

By Tobin O’Connor & Ewing |

In most states, a person who has improved real property can obtain a mechanics’ lien from the court on the improved property if he or she is not paid. Courts tend to construe mechanics’ liens broadly to provide subcontractors with a remedy when they have already delivered materials or supplied the labor. In Maryland,… Read More »

Facebook Twitter LinkedIn Google Plus

Protecting Your Business’s Trade Secrets

By Tobin O’Connor & Ewing |

Trade secrets can be crucial assets to your company. When a trade secret has been misappropriated, a business can seek an injunction and monetary damages. Under Maryland Commercial Law, a trade secret is defined as information such as a formula, pattern, program, device, technique or process that “derives independent economic value, actual or potential,… Read More »

Facebook Twitter LinkedIn Google Plus

Hallmarks of a Good Contract

By Tobin O’Connor & Ewing |

What constitutes a good deal is specific to your industry and the market conditions at the time. What constitutes a good contract, however, is universal. A good contract must balance clarity and flexibility — providing unambiguous solutions for common issues that arise and workable guidelines for contending with unanticipated problems. Boilerplate contracts simply do… Read More »

Facebook Twitter LinkedIn Google Plus

Reasonable Accommodation Basics for the Disabled

By Tobin O’Connor & Ewing |

Reasonable accommodation is one of the most complicated concepts businesses must contend with under the Americans with Disabilities Act. Unfortunately, this complexity means that even well-meaning employers can find themselves facing substantial civil liability for misunderstanding the full scope and effect of this important provision. But the concept of reasonable accommodation also has limits… Read More »

Facebook Twitter LinkedIn Google Plus