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Author: Law Office of Gem McDowell, P.A

Choosing the Right Business Entity at the Federal and State Level

As a business owner, it’s important to understand the differences between various business entities. Some of the differences include how the entity is structured, how it’s taxed, and what kind...

Unintended Consequences: What Happens When You Don’t Do Things Right

Following procedure is important when it comes to the law. This may go without saying, yet you’d be surprised at what sometimes happens, and what the consequences of failing to...

How to Word an Enforceable Provision: Invention Assignment Agreements and Confidentiality Agreements

Some of the most valuable assets a company can own are its trade secrets, patents, and inventions. Losing control of these assets can be very costly, so protection is a...

Protect Your Business Interests with Anti-Raid and Anti-Disparagement Provisions

We’ve talked before about how South Carolina courts tend to favor employees over employers in regards to covenants not to compete. This means that employers must be very careful in...

Can Your Retirement Account Be Used to Settle Business Debts?

Let’s say you owe money in a judgment, yet you still want to continue contributing to your savings accounts. Can you do that, or can that money be used to...

6 Common LLC Creation Mistakes

Starting a new business is exciting but also a little intimidating. There’s a lot you probably don’t know, and mistakes can end up costing you. If you’ve decided to start...

Arguing for Bigamy: When the Court Must Decide Between Competing Public Policy Issues

Should a bigamous marriage be recognized in South Carolina if doing so upholds an important legal doctrine? That was the main issue at the center of a case recently decided...

The #1 Mistake People Make With Trusts

Trusts are wonderful tools for financial planning and estate planning. There are many, many kinds of trusts, each with its own purpose, pros, and cons. Trusts may be used to,...

Would Your Contract Hold Up in Court? Indemnification Clauses and Public Policy.

If you’re in business, you know that contracts are a must to protect yourself. But don’t make the mistake of assuming that simply having a contract is enough. If it’s...

Should Your Estate Go Through Probate? Why or Why Not?

Updated April 2024 Last time we cleared up confusion around probate in South Carolina and looked at what probate is and isn’t. If there’s one thing people do know about...
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