Be Smart About Negotiating Partnership Agreements The U.S. is renowned for being a land of entrepreneurs. In many cases, those looking to start their own businesses join forces with like-minded individuals in order to pool resources and talent to make an even more successful business. People considering creating business partnerships should use care when negotiating the business partnership agreement in order to help ensure the partnership will thrive. Big Picture First People looking to establish business partnerships should clarify their business plan before ...

Texas A&M Defending 12th Man Trademark Again Texas A&M students, alums and fans overwhelmingly recognize the term "12th Man" as the descriptor of the Aggies' football team's fan base -- fans so devoted and excited that they rock the stadium during home games. The school went so far to trademark the term in 1990. The school has had to defend its trademark from infringement in the past, and the school is facing another legal battle over the use of 12th Man by a Minor League Soccer team. Past Infringements One of the more notable incidents of infringement ...

The Reasons to Get a Prenup: They Aren't Just for the Wealthy Celebrity engagements are almost as popular online reading as celebrity breakups. From speculation on whether Facebook founder Mark Zuckerberg obtained a prenup before his recent marriage to how much Kim Kardashian saved in her prenup with Kris Humphries, prenups are popping up more and more in headlines. Most people would agree that celebrities are wise to enter into prenuptial agreements. But prenuptial agreements are not just for celebrities or the rich. A prenuptial agreement is simply an agreement ...

Environmental Provisions in a Commercial Lease Both landlords and tenants can benefit from "green" provisions in a commercial lease. An owner with environmentally friendly commercial space is more likely to attract high-value tenants and receive federal, state or utility company aid or incentives. A tenant can benefit by better worker health and productivity, as well as showing environmentally responsible practices to customers, clients and investors. Both owners and tenants can benefit from lower utility bills. The numerous reasons to invest in a green commercial ...

White Collar Crime in Indiana on the Rise Law enforcement agencies in Indiana and across the U.S. have found themselves investigating more suspected white collar crime than in the past. Police are putting more resources toward sifting through boxes of documents looking for evidence of embezzlement, mortgage fraud, insurance fraud, health care fraud, bankruptcy fraud and other financial crimes instead of patrolling the streets. People cite a variety of reasons for the rise in white collar crime, and these crimes are often difficult for law enforcement to handle. Reasons ...

Indiana Laws About Driving Under the Influence Lawmakers across the country are focusing more on drinking and driving. While the legal limit for intoxication has decreased, penalties for driving under the influence are increasing. Police forces are stepping up their enforcement of DUI laws. Indiana is no exception to the trend of cracking down on drinking and driving. Drivers in Indiana should be aware of the state's laws on DUI and the potential penalties they face for conviction of DUI charges. Blood Alcohol Concentration Indiana law prohibits people from operating ...

Proposed Drug Tax in Connecticut May Increase Drug Busts Earlier this spring, a public hearing was held in Connecticut regarding a little-known state tax that affects anyone arrested in a drug bust. In 1991, Connecticut passed the Marijuana and Controlled Substances Tax, which taxes marijuana at a $3.50 per every gram obtained in a drug bust, and $200 per gram cocaine and heroin. The state can collect the tax immediately upon arrest and the money is put into the state General Fund. However, the state has not regularly been collecting this tax against the alleged ...

Penalties for Marijuana Possession in Texas Penalties for drug possession in Texas are among the harshest in the country. In Texas, possession crimes come under the state's Controlled Substances Act. Prosecutors must show beyond a reasonable doubt that a defendant knowingly and intentionally possessed or had control over a drug. Penalties for drug possession can vary depending on the drug in question. Marijuana possession is typically in an independent category known as a "Class B" misdemeanor. For possession of less than two ounces, it is punishable by ...

Penalties for a Texas DWI Texas law presumes that drivers operating a vehicle with a blood alcohol concentration of 0.08 or more are too intoxicated to drive. Anyone pulled over with a BAC above this amount will be arrested on charges of driving while intoxicated, or DWI. In addition, drivers who are impaired due to alcohol or drug use may be subject to DWI charges even if a driver's BAC is lower than 0.08. Texas law broadly defines intoxication as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled ...

Maritime Industry Voices Concern Over Understaffing and More Paperwork On April 26, 2012, representatives from the maritime industry testified at a hearing before the House of Representatives Subcommittee on Coast Guard and Maritime Transportation. They were trying to bring congressional attention to two major problems facing the maritime industry: understaffing of ships and increasing paperwork requirements. They called on Congress to take action to address these issues and help reduce the number of maritime accidents and injuries to workers. More Rules, Fewer Sailors Ship ...

How to Divide Retirement Benefits After Divorce Retirement benefits are a large portion of many Americans' assets. For many, a 401(k) or IRA is the single largest asset to their name. This is especially true for workers who have had time to accumulate a large portfolio. However, even younger workers likely have thousands of dollars in a retirement account. Complicating retirement benefits for many baby boomers is divorce. Older couples are increasingly divorcing; approximately one in four divorcing couples are over age 50. Unfortunately, dividing retirement benefits ...

Chapter 7 Bankruptcy: An Overview Chapter 7 of the U.S. Bankruptcy code allows debtors to petition a bankruptcy court to discharge, or cancel, much of their debts. This form of bankruptcy is available to individuals as well as certain types of business entities, including partnerships and corporations. In order to qualify for Chapter 7, individuals must meet a "means test." Those wishing to file Chapter 7 must issue a statement of their income for the previous six months immediately before filing the bankruptcy petition. In addition, individuals must provide ...

Unique Minneapolis Court Aims to Help Unmarried Parents About one-third of all newborns in Hennepin County are born to unmarried parents. That means the parents of approximately 5,000 newborns each year must figure out paternity and custody matters without the formal protection that marriage affords to parents. Family courts can be difficult to navigate for unmarried parents. If parents are divorcing, the court is well equipped to handle custody matters. Married men are assumed to be the fathers of their wives' newborns, and are automatically given the rights and ...

Settling Oregon Child Custody and Parenting Plan Disputes Swiftly Often, one of the most difficult things about divorce is determining which parent will get custody of the children and the parenting time schedule for the non-custodial parent. Some divorces devolve into bitter disputes, using child custody as a means for parents to extract revenge on one another. However, many parents realize the damage that feuding parents can have on children and see the value in resolving child custody matters quickly. Oregon parents can take the following steps to minimize conflict ...

Feds Crack Down on Medical Marijuana in California As part of the federal government's ongoing crackdown against California's medical marijuana industry, several people associated with a chain of medical marijuana shops in southern California were arrested recently and indicted on federal drug charges. On June 14, 2012, federal authorities arrested six individuals linked to G3 Holistic Inc., a medical marijuana operation that has three dispensaries in the Inland Empire region of California, east of Los Angeles. All six of the men arrested in the G3 raid are facing ...

Supreme Court to Hear Stock Fraud Lawsuit On June 11, 2012, the United States Supreme Court announced that it would review a class-action securities fraud lawsuit against Amgen, the largest biotechnology company in the world. The Court will determine at what point plaintiffs in class-action stock fraud lawsuits must prove that the alleged fraud had an impact on share prices. Withholding Information The Connecticut Retirement Plans and Trust Funds, a state pension fund, is leading the class of investors claiming that Amgen committed fraud by failing to disclose ...

What Is a Buy-Sell Agreement? People who have an ownership interest in a closely-held business often worry about what will happen to the business should the current ownership group shift somehow. What if something happened to one of the owners? What if someone wants out of the business? Business owners can secure peace of mind and ensure continuity of business operations by drafting buy-sell agreements that govern economic transactions among business shareholders in the event of triggering circumstances. Business owners should understand the purpose of buy-sell agreements, ...

How to Prevent Common Types of Bicycle Accidents The Twin Cities are known for having a high number of bicyclists. That is why knowing what the most common types of bicycle accidents are and how to prevent them is extremely important. According to the organization Bike Safe, many bicycle accidents happen when a motorist fails to stop at a traffic signal and hits a bicyclist riding through the intersection. Though we may visualize the motorist failing to see the bicyclist as the motorist completes a turn, this type of accident usually occurs when the driver and bicyclist ...

Women More Likely to Lose Health Insurance After Divorce Recent research shows that women face a higher risk than men of losing their health insurance coverage after divorce. Based on an analysis of 11 years' worth of Census data, researchers at the University of Michigan found that roughly 16 percent of women end up without health insurance during the first six months after divorce, and that they continue without it for at least two years. Women who were previously insured under their husbands' health insurance plans were most at risk of becoming uninsured, losing ...

Texas Supreme Court Child-Safety Case Could Affect Custody Disputes A court battle stemming from a child custody dispute in Houston is on its way to the Texas Supreme Court after an appeal by the child's mother. At issue in the case is whether two Houston judges acted improperly by allowing the child's father to change his mind after agreeing to a child custody arrangement in binding mediation. The judges granted the man's request to reject the mediated agreement after he expressed concerns that his 7-year-old daughter may be harmed by her mother's husband, a registered ...

False Claims Act: Filing a Whistleblower Claim Can Be a Tough Act Noticing that a company is involved in defrauding the government is one thing. It's another thing to move forward with that information. The decision to file a whistleblower lawsuit is a difficult one. Individuals who file whistleblower claims often face retaliation by their employers, risking damage to reputation, demotion, and job loss, among other adverse employment actions. Federal laws like the False Claims Act and state laws protect whistleblowers, but employees who suspect their employers of wrongdoing ...

Possible Legal and Financial Complications for Married Same Sex Couples A growing number of states, most recently New York, have passed laws giving equal marriage rights to same sex couples. However, despite President Obama's recent policy change -- the administration now supports the right for gay couples to marry -- federal law does not recognize the right for same sex couples to marry. The Defense of Marriage Act, which went into effect in 1996, is the federal law that defines marriage as existing only between a man and a woman. DOMA also allows any state to similarly ...

Florida Has Highest Number of Boating Accidents of All States With nearly one million registered boat users, Florida is the home of recreational boat use. Since the state has so many beautiful waterways and has fantastic weather, there is no wonder why many Floridians enjoy boating. But, because of the popularity of boating, Florida also has a high rate of boating accidents. In fact, Florida had the most boating accidents of any state in 2011, with a total of 668 accidents. Large Numbers of Injuries and Deaths There were 79 boating deaths in Florida in 2011. While ...

On the heels of the release of the new direct to DVD movie, Tom and Jerry: Robin Hood and his Merry Mouse, Pump It Up, national leader in the children's entertainment category, is hosting a national sweepstakes. Beginning September 15, Pump It Up's Facebook fans from across the country can enter for a chance to win a Pump It Up Party Prize Pack which includes a free party package, Goodie Bag, a Tom and Jerry: Robin Hood and his Merry Mouse on Blu-ray, as well as a Pop-In Playtime pass. The winner, who will be selected at random, will be announced on Tuesday, October ...

BKD Forensics & Valuation Services, a division of BKD, LLP, is pleased to announce that Angela Morelock will be presenting at the Dallas Association of Finance Professionals' Big D Treasury Conference. Her presentation, "Fraud and Embezzlement: Lessons from the Trenches" will focus primarily on a case study update, vendor schemes and skimming schemes, as well as using forensic data mining to detect fraud. Morelock leads BKD's forensic accounting and investigations team, providing fraud investigation and prevention, complex litigation support and forensic ...