The Tennessee Secretary of State has made it easier to form a corporation or limited liability company (LLC) online. While companies like LegalZoom have promoted online incorporation services in the past, you now have the option to truly “do it yourself.” The decision as to what type of business entity to create is an important
Read on »Posts By: Todd Moore
Identifying Identity Theft—and How to Prevent it
With the rise of the Internet and many automated services, “identity theft” has become a common concern. Generally defined as the stealing of someone’s identity for financial or other gain, there are a number of different ways and many different channels through which identity theft can happen. Most often this accomplished by obtaining another person’s
Read on »All About Alimony
Spousal support or “alimony” has been part of divorce law for centuries (yes, centuries). Separate and apart from child support—which is calculated based on certain fixed factors such as number of children, incomes, and parenting responsibilities—alimony may take into account an even wider range of issues, and trial judges are given wide discretion in determining
Read on »Don’t Get Burned by a Boilerplate; “That’s Just Standard Language” is NOT an Explanation
Most contracts have what appear to be standard provisions or clauses that are often referred to as a “boilerplate.” Often, these “boilerplates” can be problematic for several reasons: Parties to the contact (and sometimes even attorneys) may gloss over these sections as being almost irrelevant to the agreement. One party or another might incorrectly assume
Read on »Plea Bargaining: The Most Common Way to Resolve a Criminal Case
If you spend a lot of time watching television, you’re probably under the impression that most criminal cases go to trial, allowing the accused to be tried by a jury of his or her peers. Surprisingly, this is a much more rare occurrence in the “real-life” legal system. The reality is that almost all criminal cases are plea
Read on »Write This Down: Contract Provision Put on Paper Pays Off—Even 3 Years Later
In order to convince their buyers to purchase a water front home site on Lake Nickajack, the listing agents told them would buy the lot back if the buyers ever wanted to sell it. The buyers said they would agree if the agents “would put it in writing” and negotiated a written contract provision that
Read on »Historic Election for Marriage, Marijuana laws
While most of the attention of this week’s election focused on the Presidential race, the legalization of marijuana in Colorado and Washington state and the approval of same-sex marriage in Maine and Maryland will have a more profound and longer term effect on state and Federal laws—and probably on everyday life, as well. Marijuana is classified as an illegal drug
Read on »“Name That Beneficiary”—The Wills and Won’ts of Wills
Do you really need a will? It depends. But if you have a bank account, life insurance, retirement plan or any type of an investment account you do need to make sure that any beneficiary designations clearly define the person or entity where you want those assets to go upon your death. It’s a common misunderstanding that your will determines
Read on »Alcohol Isn’t the Only Way to Land a DUI
Anyone who’s passed a driver’s test or watched the news knows that it’s illegal to operate a vehicle under the influence of alcohol. A lesser-known fact, however, is that having too many drinks isn’t the only way to receive a DUI. The reality is that certain prescription (and over-the-counter) drugs – such as diazepam (Valium), Ambien,
Read on »Recovering Costs Not Always an Easy Case to Make
The Tennessee Court of Appeals recently upheld the Davidson County Chancellor Carol McCoy’s ruling that the plaintiff was not entitled to recover attorneys’ fees and costs associated with filing a lawsuit to obtain public records from the Metro-Nashville Police Department (MNPD). In Custis v. Metro. Nashville Police Department, the plaintiff (through her attorney) had submitted an
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