Knowledge Base

Business Valuations

There are many situations when a business valuation has critical value. These include: (1)Contemplating the sale, acquisition or merger of a business(-es); (2) Attracting new investment financing; (3) In probating an estate; (4) In a tax dispute of any kind;(5) In litigation over the value of the business or damages relating to the value of the business; (6) During divorce litigation Consult with an attorney, CPA or certified business appraiser when it appears a valuation may be in your interest.

Declaratory Judgment

one in which a court declares specific rights of the parties to a cause of action. This is a judgment that may be had without inclusion of any damages or monetary relief of any kind. It may involve a contract, statute or other matters. The parties may be entitled to a trial by jury just as in any other case. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.


designed to shed the kind of light on a case that the other party cannot refute and bring about a quicker and more sensible settlement of a difficult case. While depositions are typically taken near the end of a case, by initiating a record early on, many times things that might be hidden till the end of a case are brought out and resolved before they become more costly.

Equity Crowdfunding

a means of raising capital for startups and small businesses through a multitude of small investments. Part III of the federal JOBS Act, passed in 2012, was literally intended to “jump start” business startups by enabling small business to raise up to $1,000,000 per year through public offering portals while remaining exempt from most of the SEC’s filing requirements. Due to delays in final regulations, the law remains on hold. Many groups, supported by Landmark Legal Services, like CrowdFund-Indy, exist to help create opportunities for equity crowdfunding in small business.

Jury Notification

When a jury receives instructions from a judge that explain the law in such a way as to virtually dictate a certain outcome, but the jury reaches the opposite verdict, their action is frequently referred to as jury nullification. For example, if a person was arrested in possession of a quantity of cocaine, but was nonetheless found not guilty on the charges of possession, this would be jury nullification. Many commentators have suggested that the OJ Simpson verdict was the most famous example of jury nullification in US trial history.

Phantom Stock

Phantom Stock is the name given to a bonus structure designed for a valued employee or officer of a company that does not give any actual equity to such person, but instead adjusts his or her compensation to mirror the ownership of stock in the company. It is frequently used in SBA funded transactions with restrictions on ownership of certain employees.

Trust Decanting

Trust decanting is the statutorily approved process by which an irrevocable trust is converted to a new trust but maintains the objectives, income payouts and tax benefits of the original trust. Distributions of principal may be changed, as can administrative provisions of the original trust.

Products Liability

Products Liability is a cause of action under the law, generally against the manufacturer of a product that causes harm to a user. Often, with a products liability case, no actual negligence on the part of a Defendant needs to be proven.

Landmark Legal Services

Landmark Legal Services