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 of liability protection if offers its owners. Another difference that’s [...]
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 follow procedure can be. This point is well illustrated by [...]
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 must. To protect their intellectual property, companies often include clauses [...]
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 wording covenants not to compete to ensure they’re not overly [...]
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 settle your judgment? First Citizens Bank v. Blue Ox A [...]
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 a limited liability company (LLC), then you’ve already avoided the [...]
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 by the South Carolina Court of Appeals. (You can read [...]
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, among other things, avoid certain taxes, avoid probate, leave specific [...]
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 worded incorrectly, it can cost you. In previous blogs we’ve [...]
Should Your Estate Go Through Probate? Why or Why Not?
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 probate, it’s that they want to avoid it when the time comes. But [...]
Clearing Up Confusion About Probate in South Carolina
Updated 11/27/2022 For some people, “probate” is a dirty word. Much of this attitude comes from not understanding the process, so let’s clear up the confusion. What Probate Is and What Probate Isn’t There are some myths out there about [...]
The Statute of Elizabeth: What You Need to Know About Transferring Assets
What if you owed someone a lot of money, but you didn’t want to pay them back? You might try to put your assets somewhere they couldn’t be touched; for example, you might gift them to a person you trust, [...]
Law Is Not A DIY Field: When Not To Represent Yourself
Individuals have the right to represent themselves and “act as their own attorney,” but do businesses? Not necessarily. Try to DIY, and you may discover you’ve overstepped the bounds. That’s what happened to Community Management Group, LLC, which manages HOAs [...]
When Covenants Not to Compete and NDAs Reach Too Far
South Carolina courts are clear in their general dislike of covenants not to compete and any provisions that restrict an individual’s ability to work. They are also clear in their tendency to rule in favor of the employee rather than [...]
Coming Soon to a Town Near You
For many years, South Carolina has limited the number of liquor stores an owner may have within the state to three. However, that law is no longer enforceable thanks to a recent South Carolina Supreme Court decision. Total Wine & [...]
