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Practice Tip: Determining Damages to Entrepreneurs
According to Census Bureau figures, the United States is home to some 20 million sole proprietorships, so chances are good that an active trial attorney will eventually be confronted with a case involving a small-business owner. Determining the lost future income of a self-employed entrepreneur or sole proprietor
is not a simple task. My colleagues and I have analyzed damages to entrepreneurs in a multitude of varying scenarios and find that claims very often rely on inappropriate evidence. Moreover, they tend to confuse business loss with the individual's lost earning capacity. Here are some common problems encountered in determining damages to entrepreneurs.
Are Tax Returns Reliable?
One of the most common problems in determining lost income of entrepreneurs for litigation purposes is that earning capacity for litigation purposes may bear little resemblance to earnings listed in the individual's tax returns.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?