Business

It may be easiest to understand the term “constructive discharge” by comparing it to the legal term “constructive eviction.” In the latter situation, a tenant may choose to move out of an apartment or other residence when alleging that it has become too dangerous or unfit for safe habitation. This may be due to the …

The Williams Act, which is part of the federal Security Act of 1934, continues to govern how “tender offers” are handled. The rules governing these transactions are critical in order to fully protect the rights of a corporation, as well as all of its shareholders. Every effort must be made to be sure all offers …

The wealthy exert tremendous control over others in nearly every role they assume in life, including that of shareholders. That’s why only a few courts have ever held that majority shareholders owe any special duties to others.However, there are a few exceptions to this unwritten rule in California and elsewhere. In the case of Jones v. …

Depending upon the requirements imposed, it’s often not a pleasant way to live. Many intended beneficiaries often seek to get courts to modify the terms under which they can inherit – often with limited success. Overall, courts want to uphold a testator’s/settlor’s requirements – unless they clearly run afoul of basic public policy or are amoral.  …

When you’re discussing the “par value” of bonds, you’re referring to their face value. In regards to shares of stock, it’s a legal term indicating the stock’s value as set forth in its corporate charter. “Par value is important for a bond or fixed-income instrument because it determines its maturity value as well as the …

Fortunately, opening a business bank account is not very difficult since banks are always eager to attract new funds. In general, there are several reasons why it’s truly important to obtain this type of account. Perhaps the major one is that both the bank and most of your customers would probably be unwilling to do …

Although many people are still struggling to find full-time jobs with reasonable wages, no one ever has the right to steal from an employer. According to one recent university study, “64 percent of small businesses have lost items to employee theft.” Similar numbers exist for much larger companies. While short-circuit TV monitoring systems can help employers …

Although people who work directly with children must often submit to routine background checks — along with healthcare workers and government security employees — most American workers have been spared this hassle after first being hired. Yet nowadays, this practice is becoming much more common since many employers are eager to prevent or limit all possible future …

 Although there are two categories of lawsuits often brought by some shareholders, media reports seem to discuss “derivative” cases most often. These are filed on behalf of the corporation, claiming it has failed to bring suit on its own behalf – thereby affecting all shareholders.  In contrast, a “direct action” case involves a shareholder filing …

The two distinct types of lawsuits that a shareholder can bring are the direct action and derivative ones. The former is either filed on the shareholder’s own behalf or to help a class of shareholders to which the party filing the lawsuit belongs. This article will chiefly address the general aspects of the direct action …

      When partnerships are being negotiated and everyone is eager to work with each other, few people keep in mind how easy it is for workplace differences to develop. Yet they always do at some point, even if they rarely rise above minor skirmishes.In order to fully protect each partner’s rights and to clearly spell …

While there may be slightly different ways to define a corporate “tender offer,” one basically takes place when a party makes an offer to the shareholders of a corporation to allow them to exchange their shares for other securities or a cash price that’s higher than their current market price. These types of offers are …