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Legal Articles

Why Businesses Should Care About ESG

Posted by Ryan M. Newburn | May 30, 2023 | 0 Comments

Increasingly, stakeholders and investors require more transparency surrounding the business practices that affect ESG. Businesses that commit to supporting and contributing to the environmental and social health of their local and broader communities are becoming more appealing to investors and consumers and are attracting greater investment and consumer spending.

Best Practices When Preparing UCC Filings

Posted by Ryan M. Newburn | Sep 06, 2022 | 0 Comments

The Uniform Commercial Code (UCC) is a set of laws governing commercial transactions, like the sale of goods. In addition to commercial transactions, the UCC covers secured transactions, also called security interests, in which lenders hold the right to seize a borrower’s collateral should the borrower default on a loan. The UCC also addresses negotiable instruments. Negotiable instruments refer to a specific document, such as a check, that is used to guarantee payment by a set date. If you deal with any type of commercial transaction, you should know which UCC filings apply to you and the best practices for filing UCC forms.

Pros and Cons of Mediation vs. Arbitration vs. Litigation

Posted by Ryan M. Newburn | Aug 16, 2022 | 0 Comments

Disputes arise for many reasons and in many areas of life; unfortunately, they are becoming increasingly common for businesses. When people enter into a contract, there are alternative ways to resolve these disputes other than going to court. These non-court options fall under the umbrella of Alternative Dispute Resolution and can encompass multiple activities.  This article will discuss a few of the most common alternative ways to resolve disputes and how to include them in a contract. Dispute resolution clauses play a crucial role in amicably resolving disputes, saving both parties the time and cost of going to court. If you have questions about what the best type of dispute resolution clause is for you, contact our attorneys at Newburn Law today to understand each clause.

IP Allocation and Assignment in Transactions

Posted by Ryan M. Newburn | Aug 02, 2022 | 0 Comments

Intellectual property assets and portfolios can be a driving force in merger and acquisition transactions. These assets hold fundamental value in a company and can add significant value. A company that is looking to merge with another company, acquire another company, or is being acquired, often assesses the targeted company's IP to inform their decision on how to move forward in the transaction. It is important to have these IP assets broken down and assessed so that the target company is maximizing its sale or purchase price. Because all companies possess some IP assets, all merger and acquisition transactions will involve IP analysis in a thorough M&A review.

Recourse Debt vs. Non-Recourse Debt

Posted by Ryan M. Newburn | Jul 19, 2022 | 0 Comments

When taking out loans, there are two types of debts: recourse and non-recourse. Recourse debt holds the borrower personally liable, and all other debt is considered non-recourse. It seems simple enough, but the average borrower might not have heard of the two different types, let alone which type of debt they may have.  These types of debts can be applied to: Loans Mortgages Credit Cards Any other types of debt It is important that you understand what kind of debt you have, as that will help you understand your obligations and what could happen in different situations. This article discusses both types of debts, subtypes, similarities, differences, and how each kind of debt works.  If you are unsure which type of debt is better for your situation, it is important to consult an experienced finance lawyer. Our legal team here at Newburn Law can help you understand what works best for you.

Drafting Non-Compete and Non-Solicitation Clauses Courts Won’t Reject

Posted by Ryan M. Newburn | Jun 29, 2022 | 0 Comments

When an employee works for a business, the employee often gains access to the business’s valuable proprietary property or trade secrets, such as pricing or customer lists. These trade secrets are often extremely valuable, which companies should seek to protect. Businesses must understand how to properly and effectively protect their proprietary information and trade secrets. One way to do this is to include non-compete and non-solicitation clauses in employment agreements. However, many states deem non-compete and non-solicitation clauses unenforceable unless they meet specific requirements. This article discusses both clauses and how to effectively draft both kinds of clauses to ensure a company's proprietary information is properly protected.

Assistance and Credit for Solar Panels and Zero Emission Vehicles in Colorado

Posted by Ryan M. Newburn | May 18, 2022 | 0 Comments

Climate change has hit Colorado particularly hard in recent years, as evidenced by severe droughts, record heat, and several massive wildfires. Colorado has taken bold and aggressive initiatives towards lowering greenhouse gas emissions and incentivizing residents and businesses to become more energy efficient. The state has done this, in part, by offering incentives for installing solar energy and tax credits for certain electric vehicles. If you’re thinking about how you can become more energy efficient and perhaps save money along the way, it may be helpful to contact a professional who understands Colorado’s tax credits and incentives for becoming more energy efficient in your home or business. This article will explain some of the incentives Colorado currently offers to residents for going “green.” And if you want to learn more, contact the experienced attorneys at Newburn Law today to hear about how taking some of these green measures is a sound financial idea.

How to Draft a Strong Confidentiality Agreement

Posted by Ryan M. Newburn | Apr 06, 2022 | 0 Comments

Drafting a strong confidentiality agreement is crucial for any business or individual that has information of value. An experienced business lawyer can help ensure that your confidentiality agreement, or any confidentiality agreement that you sign, is protecting your rights.

Ensuring your Independent Contractors aren't reclassified

Posted by Ryan M. Newburn | Jan 31, 2022 | 0 Comments

Proper classification is essential for businesses because it determines how the company will pay the worker and what the business owes the federal government. Misclassifying workers as independent contractors can invite the wrath of the federal government and the legal system. Read more to understand the nuances of classifying your workers (or yourself) to avoid costly mistakes.

Tax Obligations for Incentive Stock Option Exercises

Posted by Ryan M. Newburn | Jun 21, 2021 | 0 Comments

Incentive stock options (“ISO”) are corporate benefits that are part of an employee’s contractual benefits package. These benefits allow the employee to buy shares of the company's stock at a discounted price with the extra benefit of possible tax breaks on the profit earned on the stock. Generally, companies typically give ISOs to top-level management, like CEOs or CFOs, or highly valued employees as a type of passive income instead of a higher salary. They are a heavily negotiated term in the employee contracts and are used to persuade sought-after talent to join corporations due to the hefty profits they can yield. The hefty profits stem from the fact that profits made from qualified ISOs are taxed at the lower capital gains rate as opposed to the higher rate for ordinary income.

Independent Contractors vs. Traditional Employees

Posted by Ryan M. Newburn | Apr 26, 2021 | 2 Comments

With the rise of the gig economy and availability of independent contractors, many companies are considering hiring independent contractors rather than employees. However, the question has to be asked – when should a company use independent contractors and when should it use employees?

The Importance of an Employee Handbook

Posted by Ryan M. Newburn | Mar 05, 2021 | 0 Comments

All businesses rely on people. Human resource questions impact every business, and while your employees are your most important asset, they can also be one of your biggest risks. At Newburn Law, we understand how important your employees are to your success. We help our clients develop policies and procedures for their employees to not only keep employees happy and engaged but also to minimize the risks that human resources issues can raise. Contact us today to learn more about why you need a company employee handbook.

What Can Outside General Counsel Do for Your Business?

Posted by Ryan M. Newburn | Feb 03, 2021 | 4 Comments

Businesses—small and large—all face legal, compliance, and regulatory issues. From legal entity formations to day-to-day legal matters to more-specific litigation conflicts, all businesses encounter various legal requirements that require expert guidance. Every business can benefit from having a lawyer's expertise on the team. However, not every business needs to spend the, often high, costs of hiring a full-time in-house attorney to have this guidance.