Index of Business Law

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Sep. 17, 2014 2:56 pm
This week we take a look at the burgeoning industry of invoicing scams, that is, billing people for goods and services they never received, didn’t order, or don’t need. As with many of the other forms of fraud we’ve covered they peak at year-end when criminals know you and your office are busy and working with limited time. How Bad is It? It’s bad. By some reports this form of fraud costs...  Read More
Sep. 17, 2014 2:39 pm
As we’ve seen across the United States over the last year, severe weather, disasters and even intentional acts of vandalism can cause financially devastating property damage. Below are tips on how to document and pursue claims with your insurance company to enforce your rights under your property and casualty policy. • Step One: Actually having adequate insurance Check on your property damage...  Read More
Aug. 21, 2013 6:40 pm
Personal Guarantee Insurance? Exposures that threaten ’ financial solvency continue to grow in scope and number. This week we take a look a relatively new type of risk-management product: Personal Guarantee (PG) Insurance. We’ve covered both exposure related to residential and commercial real estate debt and other non-medical liabilities that have been financially fatal to doctors in...  Read More
Aug. 21, 2013 6:04 pm
The frequency and exposure of lawsuits by various domestic help is a serious and growing threat. In the last few years I have seen more claims by domestic staff including maids, nannies, housekeepers, cooks, gardeners, personal trainers and etc. than ever before. Claims include wage and labor issues, sexual harassment, personal injury, wrongful termination, and discrimination. In other words,...  Read More
Aug. 21, 2013 6:00 pm
A big part of asset protection is risk management, or doing things the right way the first time to avoid future expenses and legal exposure. Many of the HNW private business owners and entrepreneurs I deal with have shared their success with others by raising capital for various projects and allowing others to invest in their vision, including through the use of crowdfunding. Raising capital...  Read More
Aug. 21, 2013 5:56 pm
We’ve previously addressed common estate-planning mistakes made by doctors and business owners so this article assumes you are not guilty of the first one, not acting, and have at some point put an estate plan in place. When to Update 1. A change in marital status. We routinely advise that estate plans be updated on marriage, divorce, or the death of a spouse. I am always surprised when...  Read More
Apr. 19, 2013 4:05 pm
Quite a bit actually as it shows the stupidity of reckless excess spending, the importance of having cash (even for the rich) and the failure of most contemporary estate planners and business lawyers to plan ahead and think defensively, yes even the super smart ones who work only with rich people. – Ike Devji The Queen of Versailles traces the lives of billionaires Jackie and David Siegel who...  Read More
Apr. 19, 2013 2:09 pm
The article linked below contains some simple and important issues to consider regarding the taxation of C-corps. As an asset protection attorney I’ve never been a fan of them because they are weak , if not defective from a creditor perspective as the shares can actually be taken from you as an asset and handed to a creditor in the worst cases, unlike an LLC as one alternative. We’ve even seen...  Read More
Oct. 3, 2012 8:01 pm
NPR’s Planet Money team recently aired a report titled “They Won’t Tell You Their Names But They’ll Help You Hide Your Money,” featuring an interview with an asset protection service provider that works from offshore and refuses to reveal his real name. The adviser works under an alias, as does the company’s “director of operations” Adam Wolf, who reportedly appears on their website in a...  Read More
Jun. 13, 2012 2:23 pm
Due to the nature of our practice with thousands of Americans we have safely helped use a variety of tools including offshore trusts in a safe and legal way, we get lots of questions about expatriation. Our position remains the same; the best of usage of these tools is tax neutral and provides surety while allowing you to maintain your life and family inside the U.S. Below are some recent...  Read More
Apr. 12, 2012 2:55 pm
The problem with this DOJ (department of justice) suit is that it really does not address the fundamental problems with publishing. Amazon can coerce publishers to price books according to their dominant marketing position. If a publisher prices a book on Amazon between $2.99 to $9.99 it will receive a royalty of 70% of the purchase price. Any other price will generate a royalty of only 35%. The...  Read More
Apr. 3, 2012 2:04 pm
This article was originally published as a two part series, I provide it in total here below. Asset Protection is not just about lawsuits. It's about a rational understanding of all risks and exposures and being prepared for them, it's a state of mind that provides the confidence of being prepared for the unexpected. Sometimes those expected events are financial or legal, sometimes they are much...  Read More
Feb. 6, 2012 5:47 pm
The next 60 days marks the final push to sell physicians and private business owners across the United States tax plans of both good and questionable value. Promoters of various plans are well aware of the pressures affecting your income and will make a variety of frivolous arguments that appeal to your desire to save. As always a great CPA is your first line of defense against both tax exposure...  Read More
Feb. 6, 2012 5:42 pm
Many of the issues and case studies we have discussed on physician asset protection planning in the age of decreased earnings and unlimited liability may seem daunting and complex. Fortunately, not all the moves you can make require a great deal of time and expertise to address. Here are some small simple issues that every physician can act on by themselves today with little or no cost as a first...  Read More
Jan. 13, 2012 3:41 pm
Computer Disposal at Your Business or Medical Practice: The Other Hazardous Material By Ike Devji, JD | January 3, 2012 Happy New Year! Thank you for your continued readership, feedback and support. We start 2012 by addressing something you may have already done — replaced or updated computers and other electronic equipment in your practices. Like many other businesses, medical...  Read More
Dec. 5, 2011 12:12 am
For further news on this case, see David Chen, 'Court Approves $40m Black Saturday fire payout', ABC Online , 5 December 2011 . If you want all the technical details, you can read the judgment of Beach J in Thomas v Powercor Australia Ltd [2011] VSC 614 . There is also an interesting decision in Thomas v Powercor Australia Ltd [2011] VSC 586 where Forrest J had to decide whether or...  Read More
Sep. 21, 2011 7:30 am
Earned Value Management (EVM) is a tool that we use to assess a project's performance at any point in the project lifecycle. A lot of contractors that I work with are under the false belief that a project's profit can only be assessed once it is complete. The greatest benefit of EVM is that it makes risks and other issues visible at an early enough stage to act and mitigate the damage they may...  Read More
Sep. 8, 2011 8:13 am
Most builders and subbies that I know hate SWMS. But I just can't stress enough how important they are - if you only have one piece of safety paperwork in a job folder, make sure it's a well-written, task-specific SWMS that is signed by all employees working under it. In my opinion, SWMS exists for three reasons: 1. To illustrate that the employer has made a considered effort to maximise...  Read More
Sep. 7, 2011 2:21 pm
Asset Protection for Your Home – Bad Legal Advice is the Norm Mid pleasures and palaces though we may roam,Be it ever so humble, there’s no place like home. John Howard Payne (1791 – 1852) A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is...  Read More
Aug. 3, 2011 3:09 am
Until I started working the desert I hadn't even heard of these. As soon as I came across them I was surprised that such a stupidly simple concept wasn't more widely used in Australia. Now that I'm back here, I still rarely see businesses using CVI's but they are AWESOME. I'm sure that you can relate to a situation where you and your client have had an "informal" meeting on-site where they...  Read More
Jul. 20, 2011 8:30 am
Do you take photos of your job regularly? With almost every phone having a camera these days you really don't have any excuse not to, and it may just save you a heap of money if you develop this important habit. Often in the event of a dispute, in the absence of superior evidence, site diaries  and progress photos  will be considered as contemporaneous evidence.  This means that they will...  Read More
Jul. 19, 2011 3:30 am
Earned Value Management (EVM) is a tool that we use to assess a project's performance at any point in the project lifecycle. A lot of contractors that I work with are under the false belief that a project's profit can only be assessed once it is complete. The greatest benefit of EVM is that it makes risks and other issues visible at an early enough stage to act and mitigate the damage they may...  Read More
Jul. 8, 2011 3:04 pm
By Ike Devji, J.D. | July 8, 2011 As we return to work this week after celebrating the most uniquely American of holidays it may be easy to take many of the benefits American business owners and professionals enjoy for granted. This is especially true in light of current economic conditions and the relentless barrage of bad news and negativity on all economic fronts we are presented with on a...  Read More
Jun. 22, 2011 11:05 am
Yesterday the U.S. Supreme Court rejected one of the largest class-action suits in history. The group of women who sued Wal-Mart ten years ago on the grounds that women are regularly paid less, and given fewer opportunities than their male counterparts, were told that a sex discrimination charge could not be brought as they were too spread out geographically and their job classifications too...  Read More
Jun. 14, 2011 6:28 pm
Every medical practice has a variety of specialized team members that handle patient intake, billing, collections, office management, and, of course, the delivery of the actual medical care itself. In the best medical practices this system is continually refined and each member is carefully selected and trained to ensure that the practice runs as safely and efficiently as possible. What many good...  Read More
May 31, 2011 2:18 pm
I have been fortunate to work with some of the most successful people in America through the course of my career. All of them excel at something; medicine, business, real-estate development, science, and even the arts. What this vastly diverse crowd has in common (besides money) though are a set of traits that have made them not only good at what they do but wealthy and successful by any standard...  Read More
May 19, 2011 6:59 pm
Two recent articles caught my attention and brought into focus many of the topics I write about and address through planning for Physicians across the country. The first was a nationally published article on the highest paying jobs in the United States that ran in various incarnations in a variety of news sources. That article listed a number of professions and the average income from each of...  Read More
May 12, 2011 12:37 pm
By Ike Devji, J.D. | May 10, 2011 A recurring liability I address in asset-protection planning for doctors surrounds the sale or purchase of a medical practice. Most conflict and losses that arise from the purchase of a medical practice result from a combination of mismatched expectations between buyer and seller, a lapse in due diligence by either party, or the failure of one of the parties...  Read More
Apr. 20, 2011 6:43 pm
By Ike Devji, J.D. | April 19, 2011 In the world of physicians’ legal and financial planning there is no term as simultaneously oversold, feared, and misunderstood as “offshore.” This is especially true at tax time, as all doctors and their practice managers have been bombarded by the promoters of various tax savings schemes that range in skill from “genius” to “criminal.” The legal...  Read More
Apr. 7, 2011 1:50 pm
Don't listen to anyone trying to sell you on the idea of incorporating out-of-state in Nevada or Delaware. More than likely, it's a scam. Read More: http://www.entrepreneur.com/article/219425 Ike Z. Devji, J.D. "Asset Protection is Net Worth Insurance" www.proassetprotection.com  Read More

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