How to Avoid Personal Liability for Business Acts One of the primary reasons to incorporate or form a limited liability company is to protect your personal assets. A recent case, DeWeese v. Pribyla from the Indiana Court of Appeals, discussed the importance of keeping personal and business assets separate. In DeWeese, a remodeling company was sued by a disgruntled customer for alleged deceptive practices. The Court found in favor of the customer, but did not

Why Can’t All My Employees be Independent Contractors? Over the years, companies have often tried to treat people as independent contractors because it avoids taking care of payroll, you don’t pay benefits, and you that a lot of employer rules won’t apply. Just calling someone an independent contractor does not make them one and the costs of treating someone the wrong way can be substantial. The IRS looks at 3 general tests to determine if

Truth or Consequences: Why Honesty Is the Best Policy When Dealing with Your Lawyer BY KATIE MCCLAFLIN You, like most people, are likely to want to finalize your divorce with your integrity intact, your finances in order, and a positive sense of emotional well- being. There are many steps you can take before, during, and after the divorce to maximize your chances of doing so. Being honest with your lawyer will be the first step,

Protecting Your Children Before, During, and After Your Divorce BY JOAN H. MCWILLIAMS When you are struggling with the financial, psychological, and legal issues associated with a divorce, it’s difficult to remember that your children need more attention than ever before. The good news is that your children can successfully survive your divorce if you follow some basic commonsense guidelines. The following will help you provide for their needs at all stages of the process

Parental Alienation and Custody Decisions In most cases, one parent or the other has said something inappropriate to the child about the other parent.  We all have human failings, but most of these isolated incidents do not have long-term consequences for the child.  Parental alienation, however, has been described as “a set of strategies, including bad-mouthing the other parent, limiting contact with that parent, erasing the other parent from the life and mind of the

Separation Anxiety and Parenting Time Most parenting time orders or guidelines state that the mere fact that a child doesn’t want to go visit with the other parent is not a basis to deny parenting time. At times there is an allegation of separation anxiety by one parent. An article on WebMD, noted that “separation anxiety disorder is a condition in which a child becomes fearful and nervous when away from home or separated from

How Are Privately-Held Businesses Valued?  The EBITDA and Asset Valuation Approaches The value of closely-held businesses can become the subject of debate, particularly in divorces and business break-ups.  With a closely-held business (typically those that held by family members or who have a small number of investors), there is no public market for the shares or equity interests of the businesses.  As a result, it’s not possible to look on a stock exchange to see

What is the Role of a Parent Coordinator? Parenting coordinators help divorced or separated parents better manage parenting time decisions concerning their children in accordance with agreed upon or judicially approved parenting plans. Despite how well drafted parenting plans may be, they typically do not foresee all of the matters that may arise.  Additionally, the acrimonious relationship that the parents may still have with one another can significantly impact the parents’ ability to come together

In a mediation, the role of the mediator will be to act as a neutral between two or more parties to a dispute.  The mediator is not a judge, and will not determine who is right. Instead, the role of the mediator it to help the parties craft a solution that is mutually acceptable.  To do so, in most mediations, the parties will be in separate rooms, and the mediator will spend time going back

In order to be maximally effective, parties to a mediation should spend ample time preparing for the mediation.  This means the following: Determining the bottom line.   For most disputes, such as those involving money, there will be a bottom line in terms of how little is acceptable to receive, or how much is acceptable to pay.  Don’t wait until the mediation to have this conversation.  The bottom line for the amount you are willing to

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