Posts Tagged ‘corporate litigation trends’

Corporate Litigation Trends

corporate litigation trends

Attorney Ed Tarlow of Tarlow, Breed, Hart & Rodgers, P.c. is Honored by the New England Chapter of the Family Firm Institute

DATELINE:  BOSTON, MA…
The New England Chapter of the Family Firm Institute recently honored Attorney Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. of Boston, MA, for his personal and professional generosity and leadership at the chapter’s quarterly meeting held on December 4, 2008.

Tarlow served as President of the largest and most well established chapter of the Family Firm Institute in the country, the New England Chapter (NEC), from 2000 until 2008. Tarlow was cited for special recognition by the NEC for his tireless work catalyzing sponsors, inspiring membership, developing NEC Committees, and serving as the driving force for many collaborative efforts.

In one such notable effort, Tarlow was instrumental in the creation of the Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses, which is now entering its third successful year.

As a senior member of Tarlow, Breed, Hart & Rodgers, P.C., Tarlow has played a key role in increasing the firm’s expertise in the areas of taxation, business law, and estate planning, which are areas of paramount importance to family-owned businesses.  Tarlow is a member of the Boston Estate Planning Council, Attorneys for Family-Held Enterprises, the Society for Trust and Estate Planners, the Massachusetts Bar Association, the American Bar Association, as well as the Family Firm Institute. 

In addition to having a wealth of published articles to his credit, Tarlow has achieved many noteworthy accomplishments. He received the SBANE (Smaller Business Association of New England) Community Service Award in 2007, was named the Boston Estate Planner of the Year in 2003 by the Boston Estate Planning Council, and was selected as a New England Super Lawyer by Boston Magazine in 2004, 2005, 2006, 2007, and 2008.

Family Firm Institute
The Family Firm Institute (FFI) is an international professional membership organization dedicated to providing interdisciplinary education and networking opportunities for family business and family wealth advisors, consultants, educators and researchers and to increasing public awareness about trends and developments in the family business and family wealth fields. The New England Chapter now boasts the largest membership of any chapter in FFI with members representing all consultant and advisory groups who work with family businesses.

Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.

Tarlow, Breed, Hart & Rodgers, P.C.
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

The Corporate Executive Board in the second quarter of 2010 and Raises Guidance ARLINGTON, Va. – (BUSINESS WIRE) – The Corporate Executive Board Company ("CEB" or the "Company") (NASDAQ: ExbD) today announced financial results for the second quarter and six months ended 30th June 2010. Turnover declined by 1.0% to $ 109,600,000 for the second quarter 2010 from $ 110,700,000 for the second quarter of 2009. Net income for the second quarter of 2010 amounted to $ 11.0 million, or $ 0.32 …

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Corporate Litigation

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What Influenced Career Change to Criminal Law

Corporate Formalities – Litigators Know This

As a corporate “shareholder”, limited liability company (LLC) “member” or limited partnership (LP) “limited partner”, your liability for company debts and obligations is generally limited to the amount you paid for your ownership interest in the company. That is generally because when your company articles were filed with the state, the state breathed life into it as an “artificial” entity – a corporate “fiction”. As a separate legal “person” the state granted your company its personality; the privilege to do business in its own name; the privilege to buy and sell property; the privilege to sue and be sued; and, among other things, the privilege of limited liability for the company owners.

But…after the company is formed your actions as an owner, director or officer can jeopardize the company’s separate legal and tax status, and your personal limited liability.

Your small business entity is entitled to all the same benefits, tax deductions, write-offs, privileges and perquisites as the large companies and firms.

It is also bound by all the same rules of corporate governance as the large companies and firms. Courts – and the IRS – are crystal clear on this subject: If you neglect to treat your company as a separate legal entity, they will too. They will set it aside and impute personal liability to you, and disallow tax deductions. To do just that, they use rulings that contain terms like “alter ego”, “nominee”, “self dealing”, “arm’s length”, “commingling”, and “failure to observe corporate formalities”.

Litigators know this. They also assume that you neglect the details of good corporate governance, like holding meetings, adopting resolutions and recording these events in corporate minutes. They know that most people are ignorant, intimidated, or just too busy to tend to the formalities. It is the easiest thing for them to prove, so that’s exactly what they focus on when they launch their attack on you and your company.

Your personal battle starts with a lawsuit, judgment, lien, seizure, bankruptcy, divorce, or, God forbid…a revenuer’s Notice of Examination. Among the first salvos launched by counsel for the plaintiff, or the Revenue Agent: A subpoena duces tecum, or summons, for copies of your formal corporate minutes and records. That’s the way it works. You’d better have them in good order. Or else…YOU LOSE.

What stands between you and your corporation is its veil. That armor shield keeps corporate creditors, litigants, revenuers and other would-be adversaries from merging you with your company. If they can do that, they can steal your personal assets to satisfy their claims against the company – valid or not.