August 2015 Archives

Many partnerships end when both partners have met a certain objective and their partnership is no longer needed. Sometimes, a partner is no longer necessary when the business can become a new entity, such as a corporation. Other situations such bankruptcy or the retiring of a partner can also lead to the dissolution of a partnership. In most cases the terms for dissolution of partnership are included when drafting the initial business agreement. 

Estate planning is essential to ensure that your assets will be distributed the way you would like after your death. A common way couples divide their estate is through a joint last will. Spouses typically use a joint will, but it can be created between any two people.

A last will is a legal document that allows a person to dictate how their estate should be divided to their beneficiaries. If you are a parent with children under the age of 18, you may also consider naming a legal guardian within the will. The legal guardian will take care of your children in case you become unable to. Establishing guardianship will ensure that your children will be taken care of by a trusted individual.

Probate is a legal procedure in which a specialized probate court oversees the distribution of property according to the will of the deceased. The court will ensure that all debts are paid and that the property of the deceased will be passed on to the correct beneficiaries. If a person dies without a will, the court will see that their assets are passed to members of their family, depending on the state's probate law. Wills are required to go through probate, but there are others ways of avoiding this time-consuming process.

Traumatic events such as death or divorce can cause a strained relationship between a grandparent and a grandchild. Sometimes, parents challenge visitation laws, claiming that grandparent visitation laws infringe on their constitutional right to raise their children. If one or both parents deny you access to your grandchildren, it is important to know how to restore your visitation rights. 

Many companies are beginning to include social media as a part of their business strategy. Social media can create new marketing opportunities and give companies the ability to mass publish and distribute content to anyone who has access to the Internet. Many companies use social media as a way to increase profits by helping expose the business to many potential customers. However, there are many copyright issues that must be taken into consideration once a post is made social media websites.

The Office of United States Trade Representative (USTR) released the 2015 Special 301 Report. The report is the annual review of intellectual property rights protection and enforcement within the United States and in countries that participate in trade with the United. The report is a reflection of the United States' efforts to maintain effective intellectual property rights.

In the business world, a general partnership is a form of business that has more than one owner. A general partnership can come with a great deal of liability. All partners in a general partnership are all personally liable for all business debts. For example, a partner in the partnership makes a poor business decision and it results in debt, all partners will be responsible for the actions of that one partner. Each partner also has agency authority, meaning that a single partner can bind the entire business to a contract or business deal. Although a general partnership is easiest to form, there are other business entities that one can form with multiple people that will protect all owners of the business from the liability issues. 

Creating a last will and testament is an essential tool in outlining a person's wishes upon death and can protect loved ones from the stress of distributing assets without proper guidance. To get started, Wang IP Law Group, P.C. has compiled a will checklist of important issues to address in any will:

如果您是一間在美國做生意的外籍公司，您可能需要提交美國稅務局（IRS）的5472表，不然有可能被罰款十萬美元。如果美國稅務局沒有按時收到公司提交的5472表，稅務局將自動罰款公司十萬美元。法規26 C.F.R. § 1.6038A-4(a)(1)。 更表明了如果不小心的話，罰款還有可能倍增。這是因爲外籍公司在納稅年中 和美國人或外國人 做的任何一筆交易 都要單獨填寫一份5472表。§ 1.6038A-4(a)(3)。

作爲親人遺囑里的繼承人或接受者，收到給予您的財產的過程不一定一帆風順。尤其是如果您發現您被遺囑的主人之外的人"踢出去"了，例如遺囑主人的配偶或您的繼父繼母。適當的反駁步驟包括在法庭上情願，辯駁這份遺囑的有效性。如果遺囑上是用塗改液塗掉的那那份遺囑應該很難有法律效應。可是如果沒有任何人對提出某個繼承人提出異議，那能辯駁的機會就看時間過了多久而變少了。如果因爲這種非正規的更改而使一份遺囑無效，法院可能會完全丟棄不看這份遺囑而按照"各州繼承法"來分配過世人的金錢與財產，就像完全沒有立遺囑一樣。
在普遍案例中，沒有遺囑的情況下，法院會分配所有的金錢與財產給過世人的配偶。可是您還是有權利來駁辯那份遺囑，并證明遺囑的主人的"真正意願"是想要把資產留給您的。如果您不下措施，財產就會正式進入遺囑檢驗（probate），除非您能證明欺詐，接下來的1-2年内您就不能駁辯這個過程。證明欺詐的存在也是有可能的。如果更改遺囑的人真的用塗改液來修改遺囑那就算是欺詐。所以最好的辦法還是讓遺囑的主人按期更新修改遺囑，確保任何修改都不會在他/她去世后引起混淆，有遺囑被判無效的危險。 

隨著您業務的不斷發展, 您需要考慮您的品牌是否已經國際化。通常，美國的商標保護法對於想要發展國際業務的公司是不足夠的。商標僅是國有權利，各國家，地區皆不同。在想要決定什麽時候應該尋求國際商標保護時，請考慮以下問題：

Trademark rights are obtained simply by having a distinctive word, phrase, or symbol that indicates a product. No registration is needed to have basic trademark rights under the common law. However, if the distinctive phrase or logo is gaining recognition, applying for a trademark may be necessary to ensure full legal protection. 

When a copyright is obtained, the owner has the exclusive right to use and distribute all copies of the material. Any other use of the copyrighted material may be considered copyright infringement. However, there are instances where the use of copyrighted materials can be justified due to limitations on the exclusive rights of a copyright owner, known as fair use. It is often difficult to determine whether or not the use of a particular piece of work is considered "fair use".

When starting a business, it is important to research the different types of business entities to determine which one is best suited for your business. The most popular business entity is a corporation. Incorporating your business will make the business a legally separate entity from the owner. A corporation can do anything that a legal person can do, such as owning property and signing contracts. It is essential to understand the advantages and disadvantages of incorporating in order to decide what is best for your company.

On June 22, 2015, U.S. Supreme Court ruled against the inventor of a Spiderman toy who claimed that a 50-year-old precedent barred him from collecting the royalties he was entitled to. The court declared collection of post-patent royalty as unlawful and upheld the precedent set by Brulotte vs. Thys Co. (1964). The inventor of the Spiderman toy, Stephen Kimble, attempted to overturn the decision that has prevented numerous inventors from collecting royalties after their patent had expired.

In the event that you are incapable of making decisions for yourself, assigning the power of attorney to a trusted relative or loved one is important in protecting your assets. The power of attorney is a legal document where an individual, also known as the principal, can appoint another individual to act on his or her behalf. The appointed individual is referred to as the "attorney-in-fact", and has the legal authority to make decisions for the principal - in private, business, and certain legal matters - when he or she is unable to.