Common questions that arise when clients inherit or purchase rental properties/commercial real estate often center around the leases associated with the property. I came across one such question the other day that had to do with a client who had inherited an apartment complex and wanted to terminate the leases as quickly as possible in order to sell the property …
Donald Kochersberger: Super Lawyer
We are pleased to announce that Donald Kochersberger, a Partner at Business Law Southwest, has been selected to the 2019 New Mexico Super Lawyers list. This is an exclusive list, recognizing no more than 5% of attorneys in New Mexico. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a …
Alicia McConnell: Rising Star
We are pleased to announce that Alicia McConnell, an Attorney at Business Law Southwest, has been selected to the 2019 New Mexico Rising Star Super Lawyers list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in New Mexico. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who …
Are you dealing with an “Ike”?
Image Source: Rob Mieremet / Anefo [CC BY-SA 3.0], via Wikimedia Commons In 2007, Ike Turner died leaving a large estate and several friends and family claiming it as their own. Due to the lack of legal documentation and representation he left his estate in the hands of the state to determine the heir to his fortune. Who is entitled …
What To Do If Your Partner is Stealing From the Company
If you are a co-owner of a company, and you believe (or know) that your partner is stealing from the company, you have rights and you have options — even if you’re not “in charge” or own a minority interest. Actionable Claims When a Partner Steals There are a number of possible issues that come arise when a partner steals …
What is Trademark Infringement?
A trademark is any word, design, symbol or phrase, that identifies the source of a particular product or service. For example, “Apple Computer” doesn’t indicate a computer generally. It indicates a computer produced by Apple Computer Corporation. The golden arches in front of a McDonald’s Restaurant doesn’t indicate “hamburgers,” but hamburgers produced by McDonald’s Corporation. Many business owners get confused …
Why You Need a Buy-Sell Agreement
Changes in small business ownership can be costly, and negatively impact the business. If you are in a small business partnership, you should establish a buy-sell agreement to pre-determine what will happen if one of the partners leaves the business. You may not anticipate that either of you will leave; however, death, divorce, changes in circumstance, a risky economy and …
Served with a Lawsuit? Now What??!?
Inevitably, if you’re an active business and business leader, you will probably find yourself in a lawsuit at some point in your life. Hopefully, it won’t happen for years, and when it does happen, will be very infrequent. When you are sued, it will be an emotional hit. It may be embarrassing, depending on how you were served (i.e. how …
5 Tips: How to Dissolve a Partnership as Painlessly as Possible
Closing (called dissolving) a business partnership can be compared to a divorce, from a cost and emotional impact to the partners. Neither party expects the relationship to degenerate into contention, but it happens more often than you might think. Whether business circumstances change, or some dispute arises between the partners, when the business partnership cannot endure, it’s time to legally …
Contract Tip: Understanding the Offer
Contract law can be a confusing mess, especially for busy business leaders. It pays, however, to know some of the basics of contract law in running a business. Such basic knowledge will help avoid potential liability or disaster down the road. If you don’t already know what a contract is, it is a “bargained for exchange of value” between two …
