Share

Rhode Island Legal Blog

Friday, July 13, 2018

More Opportunities for Businesses to Solicit Investors but What Are the Legal Challenges and Risks?

Since the 1930s, businesses wishing to secure investment dollars have faced regulations banning them from appealing directly to the public via advertising. Instead, businesses have only been allowed to pursue investment funds via prescribed channels and from wealthy individuals. The reasoning behind the ban was that if the general public were subjected to direct appeals for investment by hedge funds, venture capitalists, start-ups and others, the rate of financial fraud would increase.

The investment advertising ban has long been considered an obstacle to entrepreneurship; it has been identified as a drag on growth, employment and businesses’ ability to raise funds, as well as an impediment to everyday investors’ awareness of legitimate and promising investment opportunities.


Read more . . .


Tuesday, July 10, 2018

Choosing an Executor

The primary responsibilities of an executor are to manage the property of an estate, pay outstanding debts and taxes of the estate, and distribute the remaining estate assets to the beneficiaries. This is a simplified explanation of the role of an executor. In reality, it can be extremely detailed and complex while extremely important to properly carry out all duties. -


Read more . . .


Friday, July 6, 2018

Protecting Your Business through Tactical Electronic Evidence Management

Email, intra-office messaging and digital image transference are hardly new concepts, however few business owners realize the long-term implications of this style of free-flowing communication, particularly in light of litigation and e-discovery requests. If you are a business owner either engaged in litigation or preparing for possible conflict in the future, one of the best strategies for your company is to implement and maintain an electronic evidence policy for employees. Too often, damaging information, accidental concessions or discriminatory language is casually exchanged between two employees -- believing to be engaged in a private chat -- only to be uncovered by a sweeping e-discovery request from opposing counsel. To avoid this result and protect your business from unnecessary exposure to liability, consider meeting with a business litigation lawyer about your company’s electronic information policies.

Electronically Stored Information and Litigation Holds


Read more . . .


Friday, June 29, 2018

Does My Business Need a Registered Agent?

A registered agent is someone that you as a business owner designate to accept legal papers if your company is sued or named in any type of administrative agency case. If your business is legally established within a state in which you don’t maintain a physical presence, you are often required to appoint a registered agent that is physically located within its borders

A registered agent can be an individual or a corporation. Many small businesses simply list one of the owners as the registered agent, if any of them reside in the state in which the business is formed. In situations where none of the owners are residents of the state in which the business is formed, there are a number of options. Some attorneys are willing to serve as the registered agent for their clients’ businesses and may do so for no additional fee, provided that the attorney herself is a resident. There are also companies that will serve as the registered agent for an annual fee. Generally, you must name your company’s registered agent when you file your articles of formation with the appropriate government agency (in most states, the Department of State).



Read more . . .


Monday, June 18, 2018

Contesting the Validity of a Will

If someone brings an action to contest a will, he or she is claiming that, for one reason or another, the will is invalid and should not be used in the administration of the estate of a deceased person. You can probably imagine that this will frequently happen if someone such as a family member expected to receive a sizeable amount of money or property and found out that this was not the case after the will came to light. Challenges to the validity of a will can be costly and time consuming, but the person bringing the will contest claim may see it as worth the cost and effort if he or she believes to be entitled to a substantial inheritance.


Read more . . .


Monday, June 11, 2018

Protect Your New Business with Preventative Legal Planning

Most Legal Issues Can Be Resolved Before They Even Arise. Here’s How.

Most people are familiar with the idea of “preventative” legal action. The term refers to anticipating legal issues and conflicts and working to prevent them, rather than solving them or “winning” them once they occur. Companies can benefit from implementing preventative legal strategies as this approach is often less expensive than litigation, mediation, arbitration, and local, state and federal fines.


Read more . . .


Thursday, June 7, 2018

Rhode Island Simplified Probate for Small Estates

Rhode Island estate law provides a shortcut in the probate process for smaller estates. It is a simplified probate process that allows for an easier transfer of property to the heirs of a person who has died. If an estate qualifies as a “small estate,” a form can be filed and the assets of the estate will be distributed without the need of going before a probate judge.


Read more . . .


Friday, June 1, 2018

Family Businesses: Simple Steps to Avoid Common Pitfalls

If you have a family business or are thinking about starting one, kudos to you! There are few better ways to create tradition, meaning and bonds within a family, and a family business can be a gratifying way by which to build wealth.

Family enterprises, however, can bring conflict, legal challenges and financial distress when simple preventative steps are not taken. A business law attorney can assist you with the following issues commonly faced by family businesses:

  • The absence of a succession plan. If the leader of a business dies, sells or becomes incapacitated, the business he or she leaves behind will appoint a leader, somehow, by necessity. The succession process at that point, however, will likely be complicated, and the result may not be optimal for the business or your family. An attorney can assist in identifying all of your options, and help you select one that works best for you and your business. For instance, if the business belongs exclusively to you, you can simply leave it to the person you feel should own and run it. If the business is professional in nature, such as a medical or legal practice, you can identify an outside buyer/successor and prepare him or her using a process agreeable to both of you. If the business belongs to two or more family members or other individuals, a contractual succession plan can be devised, lessening stress both now and at the time the succession occurs.


Read more . . .


Friday, May 25, 2018

Securities Sales: When Do You Have to Register a Transaction?

SEC Registration Exemptions Under Regulation S

Following the stock market collapse of 1929, Congress tightened restrictions on businesses’ activities related to the sale of securities. A key provision of the Securities Act of 1933 is the requirement that, with few exceptions, securities issuers must register securities transfers with the SEC. Now, seven decades later, the strict registration requirements of the Securities Act continue to apply.

An exception to securities registration requirements is Regulation S which allows securities issuers to solicit and sell to investors outside of the U.S. without registering the sale with the SEC. But how does the SEC determine when a securities sale qualifies as occurring fully outside of the U.S.? And how do securities issuers ensure they are in compliance with the Securities Act when choosing not to register a securities sale under Regulation S?


Read more . . .


Monday, May 21, 2018

The Probate Process


While you may have vaguely heard of the term “probate”, you may very well have no idea what it actually refers to. Yes, it does involve distributing the property of a deceased individual to the heirs, but there is actually a lot more going on. In fact, probate can be incredibly complex and time consuming.
Read more . . .


Friday, May 18, 2018

Terminating a Franchise Agreement

Buying a franchise can be a great opportunity for an entrepreneur to start a business using a successful operational structure of a proven model. Despite all the resources that a franchise provides, not all are successful. Unfortunately, with most franchises, you can’t just shut your doors and cut your losses; getting out of a franchise agreement can be difficult, leaving a once hopeful entrepreneur stuck in a business that may not be profitable or enjoyable to operate.

If you are looking for a way out of a franchise agreement, it’s absolutely imperative that you contact an attorney who has experience with franchise law and understands the many complexities of the franchisor-franchisee relationship. In determining whether you can terminate the agreement, you will need to carefully review the contract which should clearly outline the circumstances which must be met for either party to terminate it. If the franchisor has not met all of its duties, such as failing to send you the marketing plan and materials for the spring line, you will likely have a much stronger case for ending the relationship. Be sure to document any shortcomings or errors made by your franchisor and keep records of any correspondence which have expressed these concerns.


Read more . . .


← Newer12 3 4 5 6 7 8 9 10 11 12 13 14 15 Older →

Archived Posts

2018
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
2013
2012


The Law Offices of Richard Palumbo, LLC assists clients with Real Estate Law, Business Law, Probate, Evictions for Landlords and Property Damage matters in Rhode Island including Cranston, Warwick, Coventry, Johnston, Providence, Pawtucket, Central Falls and all areas throughout RI.



© 2018 Law Offices of Richard Palumbo, LLC | Disclaimer
535 Atwood Avenue, Suite 4, Cranston, RI 02920
| Phone: 401.490.0994

Business Disputes Litigation | Business Law | Civil Litigation | Commercial Real Estate | Condominium Law | Construction Litigation | Estate Litigation | Evictions | Mortgage Foreclosures | Purchase/Sale of a Business | Commercial Real Estate | Probate & Estate Administration | Product Liability | Property Damage & Insurance Law | Real Estate Law | Real Estate Litigation | Residential Real Estate | REO Services | | Resources

Attorney Website Design by
Zola Creative