News and Articles

Business and Commercial Law

13


May

Can a telecommuting business owner be in “control” of a veteran, DBE, MBE or WBE business?

That was the issue in the recent KWV, Incorporated v. United States (May 2, 2013) case.  Last year, the Veterans Administration (“VA”) sustained a competitor’s bid protest claiming that the owner of a Rhode Island service-disabled, veteran-owned business (“SDVOSB”) did not have enough control over day-to-day management of his business because he lived in Florida for part of the year.  Arguing that he managed the day-to-day business by telephone, e-mail and other electronic means and traveled to Rhode Island when necessary to attend meetings, the veteran business owner appealed to the United States Court of Federal Claims – and prevailed.  The court found that the veteran's residency and decision to live in Florida for part of the year did not preclude him from "controlling" the business within the meaning of 38 CFR §74.4.   In fact, other than the VA’s “misplaced reliance” on the veteran’s residency, there was nothing to suggest that the veteran “was not exercising sufficient control” over his business. 

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09


May

Employers Must Start Using The New Two-Page I-9 Form

Beginning today, employers must use the new two-page I-9 form to verify the identification and employment authorization for all new hires. Employers must also use the new I-9 form for rehires or the re-verification of existing employees, if necessary.  Substantial penalties apply for employers who fail to use the new form or incorrectly complete the new form so it is imperative to carefully review the instructions. 

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19


Sep

North American Business of FYFE Group, LLC Sold to Insituform Technologies, Inc.

LOS ANGELES, CALIFORNIA, September 19, 2011 - Fyfe Group, LLC was acquired by Insituform Technologies, Inc. (Nasdaq Global Select Market: INSU). The total purchase price was approximately $115 million. 

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19


Apr

California Business and Commercial Law Article

TEN IMPORTANT CONSIDERATIONS WHEN PURCHASING A BUSINESS

In the game of buying and selling businesses, information is king. In order to evaluate a potential acquisition correctly and to avoid entering into an inauspicious deal, the buyer must thoroughly investigate the target business. This process is generally referred to as “due diligence”. 

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27


Oct

Federal Trade Commission Regulation Update

FTC IDENTITY THEFT “RED FLAGS RULE” ENFORCEMENT STARTS 11/1/2009

On November 1, 2009, the long-awaited enforcement by the Federal Trade Commission (the “FTC”) of the identity theft regulations commonly known as the Red Flags Rule (hereinafter the “Rule”) will finally arrive. While certain federal agencies (e.g., banking and credit union regulators such as the OCC, Federal Reserve System, FDIC, OTS and NCUA) began enforcement of the Rule right away, the FTC postponed its enforcement to provide businesses with guidance and additional time to develop policies that comply with the Rule’s requirements. The FTC enforcement starts next week, therefore it is important for you to know that there are financial and other penalties for non-compliance. This article gives a quick overview to help you determine if your business is required to be in compliance with the Rule and reviews the penalties for non-compliance. 

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