Entries by Michael Spadaccini

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PremierGarage Lawsuit | Premier Garage Lawsuit

LearnAboutLaw Staff January 2008 In September of 2007, a large group of franchisees to garage makeover powerhouse PremierGarage, brought suit in the Federal District Court for the District of Arizona alleging, among other things, violations of franchise disclosure laws and poor product quality. The complaining parties are: TALLYHO ENTERPRISES, LLC, d/b/a PREMIERGARAGE OF THE SIOUX […]

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How to Maximize Medical Deductions

July, 2007 Had a root canal? Broke a bone? Well, what you spend on health care might be deductible. The Internal Revenue Service allows a deduction of medical costs if such costs are more than 7.5 percent of your adjusted gross income–that’s quite a doctor bill for some folks. Expand your thinking, though, and you […]

Trademark Law | A Complete Legal Guide

Robert Kleinman is an experienced licensed attorney. He earned an LL.M. in Intellectual Property from the Benjamin N. Cardozo School of Law. rkleinman[at]austinlegalcounsel.com What is a trademark? Generally speaking, a trademark is a distinctive word, symbol, or picture that a seller of goods or services affixes to distinguish its products from those of others. Product designs, product […]

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DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – THE LAW AND HOW TO USE IT

by Robert Kleinman, Attorney robert[at]austintrademarklaw.com an Austin Trademark Lawyer The Digital Millennium Copyright Act (lawyers call it the DMCA) updates U.S. Copyright law for the digital age. The DMCA has several components. Circumvention of Copyright Protection Technology The DMCA prohibits persons from circumventing electronic copyright protection systems. In other words, persons may not descramble or […]

Top Investment Tip: Know Your Annualized Rate of Return (and How to Calculate it if You Don’t)

You probably know what you’ll earn this year in wages. And, you know that inflation will run about 2% this year. You know the dollar amount that you made on stocks and savings this year. But, like most, you probably don’t know your annualized return–the percentage amount of portfolio increase expressed in terms of a […]

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Homestead Exemption

What is a Homestead Exemption? A Homestead is, quite simply, a legal device that protects a person’s residence (or a portion of it) from creditors. A judgment creditor cannot levy on the homestead portion of a person’s residence. The amount of homestead protection differs widely by state. Texas and Florida offer unlimited homestead protection (unlimited […]

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Law Dictionary | Legal Glossary

This is a legacy page, our glossary of business law terms.  We have expanded our legal dictionary to include thousands of terms, you can reaching by visiting our Legal Dictionary.   Acquisition: The purchase of one corporation by another, through either the purchase of its shares, or the purchase of its assets. Administrative Dissolution: The involuntary dissolution […]

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Asset Protection With a Friendly Lien

A friendly lien is simply a lien against property that you own that is held by a party or parties that is friendly to you. Some other terms used to describe this device are “friendly mortgage”, and “friendly loan.” The classic example of a friendly lien is as follows: If you borrow money from your […]

Foreclosure Law | Foreclosure Help | Stop Foreclosure

What Is Foreclosure?  Foreclosure is the process by which a bank or lender takes possession of collateral used to secure a loan. Put another way, foreclosure happens to a homeowner when he or she doesn’t pay their mortgage. Foreclosure is not always a court action. There are two types of foreclosure: judicial foreclosure and trustee’s […]

Where Our Laws Come From: English Law

England is a unique place. It’s part of Europe, but yet it’s isolated from the rest of Europe by water. A Viking could not just walk over a hill and take it over. Conquering England took a bit of work. Furthermore, any exchange of ideas or trade with the continent required some travel. So, England […]

Deficiency Judgement, Anti-Deficiency Laws, California and Elsewhere

July, 2007 As we noted in Foreclosure Law, foreclosure is the process by which a bank or lender takes possession of collateral used to secure a loan. Put another way, foreclosure happens to a homeowner when he or she doesn’t pay their mortgage. And, in California Foreclosure Law, we looked more closely at the law […]

California Foreclosure Law | Foreclosure in California

As we noted in Foreclosure Law, foreclosure is the process by which a bank or lender takes possession of collateral used to secure a loan. Put another way, foreclosure happens to a homeowner when he or she doesn’t pay their mortgage.In California, there are two types of foreclosure: judicial foreclosure and trustee’s sale (non-judicial) foreclosure. […]

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Legal Form | Sample Beta Testing Agreement

BETA TESTING AGREEMENT This Beta Testing Agreement (the “Agreement”) is made by and between TuTu, Inc. (“TuTu”), and you (the “User”). GENERAL TERMS AND CONDITIONS A. TuTu operates a video sharing website at TuTu.com. TuTu has developed a system that delivers informational and entertainment audiovisual to cellular telephones, including modifications, enhancements, improvements, updates, additions, derivative […]

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1099 After Foreclosure – Cancellation of Debt & Anti-Deficiency

Here we take a closer look at the phenomenon of 1099 Cancellation of Debt income following a foreclosure. Why Foreclosed Homeowners Receive 1099s for Cancelled Debt First, the basics: if you owe a debt to someone else, and that debt is forgiven, the IRS Code treats that forgiven debt as income to you. Does it […]

Community Property States

LearnAboutLaw Staff July 2007 Community property is a means of defining the ownership of property acquired during marriage under which all income earned during marriage and all property acquired with that income be considered the property of the community rather than the property of the individual spouses. The Community Property states are: Arizona California Idaho […]