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About: Peter Berlin

Recent Posts by Peter Berlin

CAPPED COMMISSIONS

As a sales representative for a computer software company, Richard received an annual salary and sales commissions as determined by a compensation plan that was part of his contract. There was a specific formula for how commissions were to be calculated, but language in the plan gave the company broad authority to make a final…
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THE MARITAL DEDUCTION

The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction rule is that, upon the death of the first spouse, the value of any interest in property passing to the surviving spouse is deducted from the decedent spouse’s gross estate. This…
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FREELANCERS’ ARTICLES ARE NOT FREE – Los Angeles Business Lawyers

The U.S. Supreme Court has given a victory to freelance authors of newspaper and magazine articles, and a defeat to some major publishers of their work. The publishers hired the authors as independent contractors who would contribute articles to what is known in copyright law as a “collective work,” that is, a newspaper or magazine.…
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AGE DISCRIMINATION IN EMPLOYMENT

The combined effects of an aging population and a sluggish economy have led to an increase in lawsuits alleging age bias in the workplace. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the employment of persons who are at least 40 years old. The ADEA covers most private employers of 20 or…
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“CYBERSMEAR” LAWSUITS

The free wheeling give and take in various online forums is leading to more defamation claims by individuals and businesses. Given that so many online speakers are anonymous, however, Internet service providers sometimes become trapped between the speaker and his offended subject. Before the alleged victim can seek redress, the perpetrator must be identified, and…
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HOMEOWNERS’ INSURANCE: THE DEVIL RESIDES IN THE DETAILS

Reading and understanding all of the language in a homeowners’ insurance policy are not formalities to be skipped over while searching for the signature line. As with any contract, the fine print can have real and lasting consequences, and its contents will control over any contradictory verbal assurances. Taking the time to understand the terms…
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How Do I Plan a Business Succession?

Running a healthy small business is one of the best ways to set oneself up for retirement. An owner who has taken a business from inception to a thriving enterprise generally feels a great deal of pride and, in most cases, wants the business to remain viable after he ceases control and retires. However, business…
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On the Advantages and Disadvantages of Sole Proprietorships

One common structure for new businesses is the sole proprietorships. The sole proprietorship is the simplest form of doing business, and is an entity that is owned by one person. If your business will have more than one owner (other than your spouse), you will need to consider a partnership, corporation, or limited liability company.…
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