Section 1031 of the Internal Revenue Code (“Section 1031”) affords owners of appreciated business or investment real estate property the ability to leverage 100% of the property’s value by deferring tax liability for the capital gains at the time the property is disposed of – so long as another like-kind property is acquired per the requirements set forth in Section 1031.
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We are pleased to announce that Ben Byrd has been named a Partner. Ben focuses his practice on assisting businesses through litigation and regulatory advocacy compliance. As a litigator, Ben represents his clients vigorously and professionally, and he has represented businesses in nearly every forum, from small-claims court all the way to the Georgia Supreme […]
Non-compete agreements and other restrictive covenants are often a concern when hiring new employees, especially those with specialized skills and abilities. Even in the absence of a restrictive covenant, however, employees and their suitors are still bound by rules that arise solely from the law. Employers must be mindful of these non-contractual restrictions when recruiting potential employees.
You have finally found a prospective employee who meets all of your search criteria and is a superstar (or prospective superstar) in the field. You want to move forward with the hiring process on an expedited basis. You extend a generous offer, which is promptly accepted. And then you discover, one way or another, that this individual has a restrictive covenant agreement with a prior employer. What should you do? What if you don’t find out about the Covenant Agreement until after you have hired the individual?
The issue of whether these class action waivers are enforceable has been a contentious issue. Specifically, federal courts have disagreed whether arbitration agreements containing a class action waiver violate the National Labor Relations Act, thus rendering them invalid and unenforceable. On May 21, 2018, the Supreme Court resolved this issue in Epic Systems Corp. v. Lewis, holding that agreements requiring employees to arbitrate claims on an individual basis are enforceable. Here’s what you need to know.