View Post

Can My Business Re-Negotiate Its Contracts with Vendors and Our Landlord in Light of the COVID-19 Pandemic?

In Business Tips, Contract Disputes, Contracts by Larry DonahueLeave a Comment

In today’s COVID environment, businesses are being told to close their doors and send employees homes.  As such, many business owners are struggling to earn enough revenue to be able to meet their contractual obligations to their vendors, landlords and banks, let alone make payroll.  With financial disaster looming for so many businesses, do standard contracts, loan documents or leases …

View Post

Why DWI Convictions Are Not Eligible For Expungement in New Mexico

In Expungement of a Criminal Record, White Collar Criminal Defense by Larry DonahueLeave a Comment

The intent within the new expungement law in New Mexico is to “serve justice”.  Justice is not served by erasing the criminal record of serious criminals or those who may be likely to re-offend.  Alternatively, it also doesn’t serve justice that those who have made a mistake, taken responsibility for it and have avoided trouble since, continue to suffer a …

View Post

Can You Simply Transfer Your Ownership in A Business to Someone Else?

In Business Transactions, Contracts, Partnerships by Larry DonahueLeave a Comment

You have ownership in a business, but you don’t want to be involved in the business anymore.  Or, maybe you want to assign the distributions you receive from an LLC to payoff a debt.  Can’t you simply just transfer your ownership to someone else without having to go through a lengthy, legal process? Time to check your Operating Agreement As …

View Post

Do I Really Need to Buy “Extra” Title Insurance for Commercial Real Estate Purchases?

In Business Transactions, Startups by Larry DonahueLeave a Comment

The four most popular “Extra Coverage” options in Title Insurance are: Rights of parties in possession (this exception would include, for example, the rights of a tenant with an unexpired lease term) Encroachments, boundary issues, and other matters that an accurate survey would disclose any easements not shown by the public records, and Construction and worker’s compensation liens If you …

View Post

New Expungement Law Now in Effect in New Mexico

In Expungement of a Criminal Record by Larry DonahueLeave a Comment

Recently a new Expungement law has gone into effect in New Mexico. Potentially thousands of people could qualify for having their record erased or expunged. KOB 4 in Albuquerque reached out to us regarding Expungement in New Mexico and our top Expungement Attorney, David Richter sat down with them to discuss what has changed. What is Expungement? Expungement in the …

View Post

What is the Right Tax Status for Your Company?

In Corporate Formation, LLC Formation, Startups by Larry DonahueLeave a Comment

When confronted with this question, I usually respond with, “Please ask that question to your CPA or Accountant.” After all, a good CPA or Accountant, who understands the needs of your business, is going to be able to make a good recommendation and help you minimize your tax exposure (legally). Read more in this article, Accountants vs. Lawyers: Using the …

View Post

Celebrating KOATS for Kids!

In Business Tips by Larry DonahueLeave a Comment

At Business Law Southwest, we are all about giving back to the community. On Dec 11, we invited some of our downtown business neighbors over to join us in gathering up donations.  It was a tremendous success! Learn more about KOATS for Kids here.Find a drop off location near you here. Ready to speak to an Attorney?Contact us or give us …

View Post

Expungement of a Criminal Record

In White Collar Criminal Defense by Larry Donahue2 Comments

Effective January 1, 2020 A comprehensive new expungement law authorizes courts to limit public access to non-conviction records one year after disposition if no other charges are pending, and to most convictions for felonies, misdemeanors and municipal ordinances after varying waiting periods. Specifically, the law allows for expungement in the following circumstances: Expungement of Criminal Records due to identity theft. …