Category: Legal
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Obstruction of Justice!
I know you thought this would be about President Trump. It’s not. It’s about me. I was once threatened with a charge of obstruction of justice. My lawyer later explained that law enforcement has wide latitude in applying this charge and that they probably would have prevailed in bringing the criminal charge against me had…
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Allowable discrimination in small business operations
There are no legal protections from discrimination in service based on political affiliation or expression A story in the New York Post raises an interesting legal point about allowable discrimination in small business management. When discussing the topic of discrimination in a small business setting it makes sense to first recognize the terms “legal discrimination and…
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Receivables management for small businesses
I spend a quarter to a third of my work time in some function related to collection of fees. It’s a shame because I would rather spend my time doing what I do best – putting more money into the checkbooks of my clients. But of course getting paid for my work is a critical part of…
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The misguided travel ban
“The record before this Court is unique. It includes significant and unrebutted evidence of religious animus driving the promulgation of the Executive Order”. U.S. District Judge Derrick Watson’s’ language in blocking the president’s travel ban is difficult for the average reader. I had to do some digging into the ruling and third party legal commentary…
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NJ Attorney / Law Firm Directory of CPAs
The New Jersey Society of Certified Public Accountants (NJCPA) is looking into putting together an online attorney/law firm directory accessible to Society members. CPAs often request attorney referrals on a peer-to-peer basis or from the Society staff members. A directory might help make this search process more efficient. I am often surprised by the difficulty…
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Small business equity crowdfunding video
A good introductory video explaining small business equity crowdfunding by NextGen Crowdfunding. (At least, IMO, it is as good as a video that consists solely of a lawyer and a business guy in blue blazers sitting talking to each other can be). The 10 minute conversation recorded last fall covers many important points including a short…
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CPA licensing issues
In the aftermath of my recent unplanned involvement in investigating CPA license reciprocity issues, state licensing and peer review requirements, I conclude four things: 1) The stated intention of the AICPA’s mobility project is largely usurped by the states that do not wish to lose control and revenue from the practice of accounting within their…
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When taxes get ugly
Today I had to advise a small business client – in the strongest and clearest words I could summon – that it was important for him to immediately write a $5,000 check to retain a tax lawyer. Yes, it is a lot of money. I agree that it is not fair that you have to do this.…
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More on CPA risk of unauthorized practice of law
I learned something new today on the topic of a CPA’s exposure to risk of unauthorized practice of law. In this case the matter is a small case civil dispute arising from a tax matter in Pennsylvania. This matter would be brought in the Magisterial District Court, so local court rules apply. The question was…