Posts tagged elizabeth whitman
Business Dissolution–Severing Ties Without Fighting to the Death

Business relationships sometimes need “divorces.” This may occur for several reasons. There can be misconduct by a partner or a falling out among partners. Other times, an owner may want to retire, or the business model may no longer make sense.

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Don’t Leave Your Business Entity in a Taxi!

It’s understandable how someone might leave a shopping bag or a small item like keys or a wallet in a taxi. However, in 2008, violinist Phillip Quint left his multi-million dollar Stradivari in a New York City taxi. The taxi driver discovered the instrument and returned it. Like musicians, business owners sometimes forget important tasks relating to their business entities. Although some forgotten tasks may be correctable, others are not. By forgetting to pay attention to their business entities, an owner can lose it forever.

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Backdating–When is it Appropriate?

Our son is the fourth generation to play a violin made in the early 20th century by Prague luthier Janek (John) Juzek. When researching Juzek’s history, I found it interesting to read that he backdated the labels in his instruments. They included his own name but a completion date about five years earlier than the actual date the instrument was completed. Backdating violin labels was not uncommon, and it was not illegal. However, backdating legal documents is another matter. Backdating legal documents is frequently permissible. However, under other circumstances, it can be fraudulent or illegal.

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You Won’t Live Forever, but Your Business May

Johann Sebastian Bach served in the courts of the nobility and for the church in Leipzig. He wrote his music to meet the needs of those who hired him. Little of his music was published during his lifetime, and he likely had little expectation that his music would survive him. Unlike Bach, most business owners expect that their businesses will survive them. Careful business succession planning can make the difference between a business becoming multi-generational family operation and failing after becoming mired in in-fighting or disputes among heirs.

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Riding the Ferris Wheel and Planning an Exit Strategy for a Tenant-in-Common Investment

On June 21, 1893, at the World’s Columbian Exposition in Chicago, more than 2,000 people gathered for the opening of the world’s largest Ferris Wheel. After George Washington Gale Ferris, Jr., designer of the wheel, and other dignitaries gave speeches, and the fifty-piece Iowa State Band played patriotic tunes, the wheel was started for the first time, belying the background story.

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Low-Tech Data Protection is Important Too!

Recently, a Canadian Court awarded aspiring professional clarinetist Eric Abramovitz a six-figure judgment in an identity theft lawsuit he brought against his ex-girlfriend, after she accessed his e-mail and turned down a coveted scholarship on his behalf. While much of the recent news has been dominated by tales of sophisticated cyber attacks, this anecdote shows that low-tech approaches can be just as damaging. A good data protection plan will evaluate risks specific to the business and establish protocols designed to minimize data compromise and loss, including loss from human error and environmental factors.

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Cybersecurity and Identity Theft–Sometimes it Really Is a Stradivari Violin

Huguette Clark died at the age of 104 in a hospital under a pseudonym, divorced, childless, and a recluse, belying her background. Three years after her death. While cleaning out a closet in one of Huguette’s New York City apartments, someone found a violin bearing the Stradivari label tucked away, untouched for more than 25 years. Reading about Huguette and the one-in-a-million real Strad, I recalled a recent experience in my own life. I received a telephone message no one wants–my bank manager was calling. She said it was important and I should call her as soon as possible.

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Severability Clauses: To Sever, Modify, or Invalidate?

It has been almost half of a century since I first picked up a violin. Yet, I recently started violin lessons again. I realized that I needed to adjust my basic technique–including how I hold the violin. Like small changes in violin technique can create noticeable changes in a performance, overlooked contract provisions can change the meaning of the contract or harm the contracting parties. This article is one of several discussing contract “boilerplate” provisions and why those provisions are important. In this article, we will explore severability clauses.

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Hidden in Orchestra Pits and Behind Corporate Veils

Playing in a pit orchestra is very different from performing in an orchestra on stage. For the uninitiated, an orchestra pit is located in between the front row of chairs and the stage. Typically, the orchestra pit floor is at least 4-5 feet lower than the floor of the seating area, usually sunk low enough that only the top of the conductor’s head is visible to those on the stage.  Frequently, the pit will be even lower so that it is entered from and extends below the stage so the winds and percussion typically will be sitting under the stage

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So Many Musical Instruments and Business Structures to Choose From

Today, a rite of passage for many fourth graders it to choose a musical instrument to play. Children learn about three major instrument groups – strings, brass, and woodwinds, each of which has within it several options suitable for elementary school students, including violin, viola, and cello for the string instruments, trumpet, trombone, and baritone for the brass instruments, and flute, clarinet, and perhaps, saxophone, in the woodwinds. New business owners face a similar dilemma in selecting the type of structure to use when forming the business. 

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