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Fair Credit Reporting & Unauthorized Credit Card Purchases

With a view toward getting a full measure of justice for debtors who may have been wronged by a violation of the federal Fair Credit Reporting Act (FCRA), attorneys often will add to their pleadings claims under state law arising under the common law (court-made law) or state statutes. Any time there is such a…
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How do I Finance a Business Start-up?

One of the main issues in starting a business is raising capital. Forming a business can be very costly, and many financial advisors suggest simply acquiring an existing business. Building/modifying facilities, developing an inventory, hiring staff, and the myriad other components that go into starting a new business can be both challenging and expensive. It…
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The I.R.S. Cat Deduction

Some say the world is divided between dog lovers and cat lovers. Jan is the latter. She has seven cats of her own that live with her in her modest California home. But Jan also puts her modest financial means where her mouth is. As a volunteer for a local IRS-approved charity, she has taken…
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Americans with Disabilities Act – A Primer for Small Businesses

The Department of Justice (DOJ) recently revised its regulations implementing the Americans with Disabilities Act (ADA). This revision clarifies some issues that have arisen over thepast 20 years and contains some new requirements, including the 2010 Standards for Accessible Design. DOJ has published a document, ADA Update:A Primer for Small Business,which provides guidance to assist…
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If You’re a Shareholder, Know Your Rights and Liabilities

Corporate shareholders have rights which are not shared by partnership arrangements. If these rights are violated, some legal avenues are open for remedy. Benefits of Shareholders Shareholders are basically part owners of a corporation. They have numerous powers, such as the ability to vote on corporate issues. They also benefit when the corporation thrives. As…
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Incorporation: Advantages & Disadvantages

When a business is in its inception, the owners must decide the best form that it should take. Owners need to be very clear about what they are getting into by forming a corporation. Advantages The advantages to incorporation are many. Those starting the business technically are no longer owners, but shareholders. This means that…
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What Constitutes a Breach of Contract?

A contract is an agreement between two or more parties. In order for a contract to be legally enforceable, it must comprise: 1) an offer; 2) acceptance of the offer; and 3) valid consideration. In the business context, parties often enter contracts to buy and sell goods and supplies, for employment, to lease commercial space,…
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Private Reverse Mortgages – What You Need to Know.

Reverse mortgages, usually obtained from financial institutions, allow people who are at least 62 years of age to convert their home equity into cash, which is received by the homeowner either as a lump sum, a line of credit, or monthly payments. The loan becomes due, with interest, when the borrower dies, moves out of…
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Free Speech and Honking Your Car Horn. Can you be Arrested?!

When Helen was reported to her homeowners association by a neighbor for violating a restrictive covenant against keeping chickens, she picked a rather odd way of getting even with the neighbor. She had to borrow a friend’s car to do it, but she stopped the car in front of the neighbor’s house at 6 a.m.…
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Yet Another Hazard on the Golf Course

Hazards to a golfer’s health and safety that come most readily to mind involve swinging clubs and golf balls in flight, usually on unintended flight paths. But the sport also has other dangers lurking, including the garden variety slip and fall. When James, a golfer, sued a golf resort recently over such a mishap, his…
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