What is LIBOR and why does its phase-out matter?

The London Interbank Offered Rate (LIBOR), sometimes referred to as the Eurodollar rate in loan documents, is being phased out. Attorney Rebecca Clarkson explains in more detail in her article for Business in Savannah.

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Exit Planning Strategies

By HunterMaclean Attorneys, published in Business in Savannah on March 21, 2018.

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Business Owners: What’s in the Terms and Conditions You Give to Your Customers?

HunterMaclean attorney Nick Laybourn discusses the importance of reviewing your terms and conditions in this article for Business in Savannah.

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The Power and Pitfalls of Indemnity Clauses in Contracts

Indemnity clauses in contracts are often left with boilerplate language, creating unexpected exposure to liability. Attorney Nick Laybourn discusses the importance of a properly drafted indemnity clause in this article for Business in Savannah.

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Growing Small Businesses through Alternatives to Traditional Bank Loans

It takes money to make money, and growing a business requires capital. Small businesses have traditionally turned to the Small Business Administration (SBA) and to banks for loans, but today’s financial landscape provides more options to businesses looking for ways to fund their growth. HunterMaclean attorney Rebecca Clarkson discusses alternative funding options in this article for Business in Savannah.

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Equity Compensation for Key Employees: An Overview

This article in Business in Savannah discusses the different ways to use company equity to compensate key employees, including stock options, restricted stock, restricted stock units, stock appreciation rights, and phantom stock.

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Business Succession Planning: The Conflict of Corporate and Fiduciary Duties

In Georgia, a new state Supreme Court ruling will significantly affect court cases involving trusts and conflict of fiduciary duty. Rollins v. Rollins, decided in March, illustrates the substantial conflict of interest that can occur when the owners of a family-operated business also control a trust that owns a part of that business. Attorney John Tatum discusses the outcome of the case and what it means for business succession plans.

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Choosing the Corporate Structure, Management Issues, and PPM Due Diligence

Chapter by Louann Bronstein, published in Forming and Operating an EB-5 Regional Center: A Guide for Developers and Business Innovators by Immigration Daily in June 2014.

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Exit Planning Strategies

This article published in Business in Savannah offers step-by-step instructions about effective business succession planning.

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Don’t Wait to Fix Deferred Compensation Failures

IRS guidance extends the opportunity for employers to correct document failures which inadvertently violate Section 409A of the Internal Revenue Code.

Originally enacted in 2004 to curb deferred compensation income tax avoidance abuses, Section 409A reaches beyond traditional executive incentive compensation programs and impacts employment agreements, bonus programs, and severance policies. Violation of Section 409A can mean automatic taxation on the deferred compensation at issue, even if the employee has not yet received that compensation, and a 20% penalty.

Essentially, Section 409A regulates any arrangement that defers payment of compensation to a year later than the year in which it was earned. Section 409A applies even if the payment of compensation is conditioned on future performance of services or the compensation could otherwise be forfeited.

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