Wright v. Old Gringo, Inc. In this discovery dispute, the defendants sought to exclude the plaintiff expert’s valuation report, arguing it was untimely and the late disclosure would hurt the defendants. In rejecting the defense motion, the court noted any delay was largely caused by the defendants’ discovery tactics to thwart production of vital financial  Continue Reading »

The IRS compiles and shares a list of common tax scams each year. This year, with the COVID-19 pandemic complicating tax matters in numerous ways, scammers are becoming more aggressive and sophisticated in their methods. Here are some of the scams you should look out for in 2020. Phishing Phishing is a practice that’s been  Continue Reading »

McLelland v. Paxton In a “complicated” (court’s word) dissolution case, the Washington Court of Appeals recently made an important ruling on whether a professional limited liability company (PLLC) can have goodwill separate from the goodwill of the professionals. Focus on location In 2005, the plaintiff, through his professional service corporation, acquired an ownership interest in  Continue Reading »

With the extended July 15 deadline for 2019 federal income tax returns behind us, it’s time to think about your tax situation for this year. Obviously, 2020 has been far from typical, and it is quite possible that this abnormal year has created some abnormal tax considerations. The COVID-19 pandemic has resulted in many losing  Continue Reading »

In re Panera Bread Company In a statutory appraisal case that involved the sale of a publicly traded company to a privately held entity, the Delaware Court of Chancery recently decided the deal price was a reliable indicator of fair value and a downward adjustment for synergies was justified but not practicable. But, because the  Continue Reading »

When the COVID-19 pandemic hit Maine and shut down most of the state, many companies who were able to have employees work from home did so. Even now, as offices in Portland and throughout Maine begin to welcome back workers, many companies are continuing to have employees work from home. If you currently have employees  Continue Reading »

Bayou Place Limited Partnership v. Alleppo’s Grill, Inc. The doctrine of force majeure (aka “act of God” doctrine) has received a lot of attention during the current COVID-19 crisis, which has harmed great swaths of the national and global economy owing to mandatory closures of businesses, breaks in the supply chain, and the diminution of  Continue Reading »

As Maine enters what is traditionally its peak business season and the COVID-19 pandemic continues to engulf the country, some businesses around the state may be on the verge of bankruptcy or looking for a way out. While this certainly can cause stress for business owners, it can create opportunities for business investors. For those  Continue Reading »

Linde v. Linde In a bitter fight between siblings over the buyout of the minority shareholder’s interest in a successful construction business, the trial court found the asset-based valuation the majority shareholder’s expert proposed was fatally flawed for at least two reasons. The dispute involved Linde Corp. (LindeCo), one of several construction companies the Linde  Continue Reading »

In the wake of COVID-19, Congress acted quickly to help mitigate the economic impact of the pandemic. Part of this action included the Paycheck Protection Program (PPP), which was designed to help small businesses sustain operations and keep workers employed. While the program had good intentions and bipartisan support, the speed at which the legislation  Continue Reading »