Posts Tagged ‘paralegal litigation forms and procedures’

Litigation Forms

litigation forms

Avoiding Shareholder Litigation

Avoiding Shareholder Litigation

Here are a few strategies that we have employed to deal with shareholder disputes:

Assert Inspection Rights. This can result in some surprising revelations which, in turn, may lead to interesting results.

Expand Board of Directors. Expanding a company’s Board of Directors can avoid and/or eliminate a deadlock. It may also bring in a fresh point of view.

Purchase Control. If the shareholders each own an equal number of shares one shareholder may wish to consider paying a premium to buy a controlling interest in the company.

Seek Appointment of Provisional Director. If the corporation has an even number of directors and the board is deadlocked, any director or holder of at least 1/3 of the voting shares can petition a court to appoint a provisional director to break the deadlock. If the corporation has an uneven number of directors and the shareholders are deadlocked, any shareholder of at least ½ of the voting shares can petition a court to appoint a provisional director under certain circumstances.

File for Bankruptcy Reorganization. Under certain circumstances, a Chapter 11 bankruptcy reorganization can result in one shareholder, or a group of shareholders, gaining control of the corporation.

Initiate Involuntary Dissolution of the Corporation. Under certain circumstances (such as fraud, mismanagement or abuse), a court may order the dissolution of a corporation against its will initiated by at least 1/2 of the directors or 1/3 of the shareholders. (Depending on the facts, a shareholder with less than 1/3 can initiate this action.) The corporation or 50% of the shareholders may elect to avoid this result by agreeing to buy out the initiator’s stock for fair market value.

Sell Company to Third Party. If the shareholders are unable to continue in business together, the shareholders may wish to consider selling the company to a third party.

Execute a Buy-Sell Agreement. Of course, one of the best ways to avoid a shareholder dispute is to have all shareholders enter into a written agreement that sets forth what rights the shareholders will have in the event of certain contingencies (such as death, disability or deadlock). This is ideally done when the company is first formed but can be done at any time, including when a dispute arises.

These are just a few of the possible approaches that may be considered when faced with shareholder disputes in California. If you are dealing with a problem of this sort, we would be pleased to provide a first consultation at no charge.

SAP Releases New Version of SAP® Business ByDesign
SAP AG today announced the general availability of the feature pack 2.5 for the SAP® Business ByDesign⢠solution beginning July 30, 2010. This comprehensive, fully integrated on-demand business management suite is now available in China, France, Germany, India, the United Kingdom and the United States.

Paralegal Litigation

paralegal litigation

Career As A Paralegal

The paralegal profession is currently experiencing a great deal of growth and prosperity. With the average USA annual salary averaging around $34,000 for local and state work, nearly double that for Federal Government work, and much more in the private sector, it’s no wonder this career field is growing. Let’s take a look at just a few reasons why a career as a paralegal is so rewarding.

Challenging Work

Attorneys pass much of their workload along to paralegals, also known as legal assistants. However, paralegals may not perform all of an attorney tasks, these tasks include setting legal fees, giving out legal advice, and presenting court cases. But they may play a role in virtually everything else.

Case preparation is part of a paralegals workload. Paralegals often help lawyers with background information and research, legal history, case studies, fact-finding investigations, document preparation and analysis, plea documents, folder, record and file handling. The work they perform is often involved with hearings, trials, closing comments, and corporate functions.

Jobs are available for paralegals in many types of companies and organizations. They work with employee benefits, labor law, criminal law, corporate law, government (at all levels), real estate and bankruptcy. And you’ll find them working in personal injury law and litigation as well.

Career Tidbits

The following list includes a few pieces of interesting information concerning paralegals:

- Paralegals usually work year round, although temporary paralegal work is available. Although 40 hours is average, heavy workloads are a possibility. Work isn’t always at the office; paralegals need to work in libraries and often travel in order to gather relevant information.

- In 2004, there were 224,000 paralegal jobs, with private practices employing roughly 7 out of 10 of them.

- Job opportunities for paralegals are expected to climb at a faster than average rate through the year 2014.

There’s no better time to check into being a paralegal than now!

People on the Move
Andrew Dick has joined Windermere Professional Partners as a sales associate. He previously worked as a litigation paralegal and also has extensive experience in home improvement projects. Dick is a graduate of the University of Alabama. Brian La Freniere has joined Windermere Professional Partners as a sales associate. He has eight years of experience as a residential real estate appraiser. …

Paralegal Litigation Forms And Procedures

paralegal litigation forms and procedures

Important Steps for Successful Judgment Enforcement

Judgment enforcement is the most essential step in division’s work which requires perseverance, imagination and skills in using post judgment discovery, judicial sale procedures, the Federal Debt Collection Procedures Act (FDCPA), and state judgment enforcement laws. The Tax Division Judgment Collection Manual sets Tax Division’s collection policies which explain the laws authorizing judgment enforcement & furnishes advice for collecting tax judgments. The legal discussions and suggestions are merely to serve as judgment enforcement guide. This manual and forms included with it are not for creating or recognizing any legal enforceable right in any person.

Some of the important steps for successful Judgment Enforcement are timeliness, referral or retention, using paralegals and reporting activities. Judgment enforcement needs to be pursued promptly, uniformly and fairly. If there is any delay then it will greatly reduces the likelihood of judgment enforcement. After entry of judgment, the trial attorney should complete judgment enforcement efforts within nine months. Judgment enforcement of amounts should be monitored closely but if default occurs then the judgment enforcement action should be taken promptly.

Once the initial judgment enforcement efforts have been completed then the trial attorney and section chief should decide whether to retain the case or refer it to the United States Attorney. While making the decision an attorney should consider whether the United States Attorney or IRS has already attempted to effect judgment enforcement. If the IRS has referred a suit to reduce assessments to judgment & to foreclose the tax liens on identified property of the taxpayer, it is likely that the United States Attorney has already exhausted its judgment enforcement efforts. The determination of uncollectibility need to be made as of the time the judgment enforcement is obtained. In some cases, judgment enforcement was not available to the IRS or was not exhausted by the United States Attorney. In trust fund recovery penalty refund suits and other partial-payment refund cases involving divisible assessments in which we file counterclaims, the IRS is generally required to defer collection during the pendency of the litigation. The United States Attorney may not have worked these cases thoroughly from a judgment enforcement standpoint, and many of the cases may have substantial judgment enforcement potential. And, if initial investigation reveals judgment enforcement potential, a case should be retained by the Tax Division. Successful judgment enforcement need substantial amounts of the trial attorney’s time, but they should seek the assistance of a paralegal for some of the more routine judgment enforcement tasks, such as initial demand letters and initial judgment enforcement interrogatories.

It is essential that attorneys and paralegals accurately and promptly report their judgment enforcement & activities on the Division’s automated case management system. Additionally, paralegal and attorney time spent on judgment enforcement matters should be reported on TaxDoc time reports as “judgment enforcement Activities” for the designated case which will be helpful for division management to track both the status of outstanding judgments and the amount of attorney & time devoted to judgment enforcement by paralegal.

How to Grow the Bond between IT and Legal
Companies that don’t get IT and legal talking run a real risk of having a judge do it for them, writes CIOUpdate columnist Dean Kuhlmann of Lateral Data.

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