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nonsolicitation-com · 4 years

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NonSolicitation 3

Nov 2, 2018 - Information on Non-Compete (or Non-Competition) Agreements and Non-Solicit (or Non-Solicitation) Agreements by a Massachusetts ... Feb 8, 2018 - The initial question before the Wisconsin Supreme Court was whether the non-solicitation of employees provision was governed by Wis. Stat. Apr 23, 2018 - A non-solicitation agreement is a contract in which an employee agrees not to solicit a company's clients or customers, for his or her own ... Losing multiple skilled employees to a competitor can be deviating. A properly crafted non-solicitation agreement can help protect your company. Nov 26, 2018 - Employers everywhere should be familiar with California's strict rules against the enforcement of non-compete agreements and non-solicitation ... Oct 7, 2019 - The usual gamut of post-employment covenants includes non-compete restrictions, non-solicitation of customer restrictions, confidentiality ... Aug 22, 2018 - This CEO believes that companies have a lot to gain by ditching non-solicit clauses that exist in almost every tech company's employment ... Jun 25, 2017 - The answer is: it depends. It depends on what agreements you have had the employee sign. If they have no non-solicitation agreement, ... Nov 1, 2017 - Violate Non-Solicitation. Obligations? 4 Recent Developments Under. U.K. Employment Law. Today, people commonly use social media for ... Sep 25, 2017 - Many employers have become increasingly familiar with the use and enforcement of non-compete and non-solicitation agreements. Jan 10, 2017 - A non-solicitation agreement is a promise by an employee not to induce the employer's clients, customers and/or employees to leave the ... Aug 9, 2017 - Non-compete (& non-solicitation) agreements are tricky to understand and enforce. Read this article for an overview, then use an employment ... Nov 16, 2017 - Non-solicitation restrictions are generally enforceable in Colorado but always subject to judicial review and scrutiny. Mar 19, 2015 - Non-compete and non-solicitation agreements are meant to prevent departing employees from competing against you or soliciting your clients ... WITH PRACTICAL LAW COMMERCIAL TRANSACTIONS. Confidentiality Agreement: Non-Solicitation Clause (PA). Search the Resource ID numbers in blue on ... Jul 24, 2017 - The prevalence of LinkedIn and other social media platforms in the professional world complicates the scope of non-solicitation agreements ... My employer wants me to sign a non-solicitation agreement. What is it? For these reasons, many startup companies use non-compete and non-solicitation provisions, which are types of restrictive covenants, to protect their legitimate ... Oct 11, 2016 - The actions of the former employees were also in violation of the non-solicitation provisions contained in their employment agreements. Mar 1, 2012 - This decision by the social Chamber of the French Supreme Court analyzes the effects of a non-solicitation clause on the employee's freedom ... Feb 2, 2016 - A non-solicitation agreement is a contract in which an employee agrees not to solicit his or her employer's clients or customers — either for their ... Jan 30, 2019 - Employers Beware: Non-Solicitation Provisions in Employment Agreements. By Marcia Ross of Sagaser, Watkins & Wieland PC posted in ... In general, there are two types of employee non-solicitation agreements: no-hire provisions that prevent an employee from hiring other employees at their former ... Non-solicitation agreements, according to a Chicago Law Firm Aronberg Goldgehn, are a tool employers use to prevent former employees from engaging in ... Apr 3, 2019 - WeRide employees are required to sign a one-year post-termination employee non-solicitation provision. After WeRide's former Director of ... Oct 14, 2019 - Rome recent court decisions hold that non-solicitation clauses, like other restraints on employee mobility and trade, are unenforceable under ... Noncompete News: Georgia Court of Appeals Reiterates Narrow Scope of Non-Solicitation Clauses. LinkedIn Facebook Twitter Google+ Email. In a recent ... Nov 16, 2018 - Non-compete and non-solicitation agreements are written agreements between a key employee and the firm in which an employee agrees to ... Non-solicitation definition, the act of soliciting. See more.

#NonSolicitation #domain #tld #dictionary #valuable

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thornyhorny · 2 years

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lil about me <3

name’s Rose

fave color is purple

sub af, although v occasionally have dom moods

bisexual; this is a safe space for all queers!! no bigotry allowed. no homophobia, transphobia, biphobia, lesbophobia. you WILL be blocked.

no racists. no trump supporters. no nonsolicited sexts or pics.

NO MINORS! you will be blocked immediately.

on that note- HAVE YOUR AGE IN YOUR BIO IF YOU FOLLOW ME! if you don’t have your age somewhere clear on your page, you will be blocked.

also blank blogs. i’ll assume you’re a bot and block you.

i’m not good with words so this will be mostly reblogs :)

feel free to interact nicely, let’s be friends! 💕

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morsegrant-blog · 5 years

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Best Non Solicitation Agreement Lawyer in NYC

If you are looking for the best non-solicitation agreement lawyer in NYC, then Morse & Grant is here to help you. Our non-compete agreement lawyers help clients with employment law issues. To know more, visit us today!

#nonsolicitation agreement lawyer nyc #non compete agreement lawyer #non-solicitation agreement lawyer nyc

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summerofspock · 4 years

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summer... if you’re telling me you also apparently read drarry on top of all your other fandom choices i’m going to HAVE to propose marriage

I doooooooooo

If youd like a couple nonsolicited recs Ive got to point you to

Grounds for Divorce by Tepre which came for my whole throat and

Nearly Lost Things, Carefully Tended by squadofcats which was hilarious and sweet and helped me experience a rainbow of heretofore unknown feelings

#❤❤❤#summer answers #fic rec #read grounds for divorce yall #do it

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ericfruits · 5 years

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Savings Grace

The Kentucky Supreme Court affirmed the dismissal of a wrongful discharge claim brought by an attorney against her former firm

Absent an employment contract, Kentucky adheres to the doctrine of employment-at-will by which an employer may terminate an employee’s employment for any or no reason. An exception to this rule exists when the termination violates public policy as expressed by the employee’s exercise of a constitutional or statutory right, which may give rise to an action for wrongful termination. In this case, Carol Greissman, a licensed attorney in Kentucky, was terminated by Rawlings and Associates, PLLC (hereinafter, “Rawlings & Associates”) for refusing to sign an agreement providing, inter alia, for nonsolicitation of Rawlings & Associates’ customers or clients following cessation of employment. Greissman’s refusal was based on her belief that the provision violated a Rule of Professional Conduct prohibiting non-competition agreements between lawyers and law firms. SCR1 3.130, Rule 5.6. The primary issue we must resolve in this case is whether the Court of Appeals erred in opining that the Rules of the Kentucky Supreme Court do not establish public policy which in turn may form a basis for a wrongful termination claim. We hold that the Court of Appeals erred in holding that Greissman’s complaint should have been dismissed for failure to state a claim, but nonetheless affirm on other grounds. The Oldham Circuit Court properly granted summary judgment in favor of Rawlings & Associates since the agreement at issue contained a savings clause which excepted the solicitation of legal work from coverage “to the extent necessary to comply with rules of professional responsibility applicable to attorneys.” Thus, we agree with the circuit court that the agreement furnished to Greissman for signature did not violate SCR 3.130, Rule 5.6 as a matter of law.

The attorney had been asked to sign the non-compete as were all other firm employees and was fired when she refused, claiming the document violated public policy

While an obligatory Rule of Professional Conduct as enacted by the Kentucky Supreme Court may qualify as public policy for purposes of a wrongful discharge claim, the professional rule must be designed to serve the interests of the public at large, rather than the sole interests of the profession. Here, SCR 3.130, Rule 5.6 is designed to protect society at large by allowing clients to freely choose counsel who can best represent their interests and by not limiting an attorney’s right to practice law. We believe the rule represents a fundamental and clear statement of public policy.

Saved by the savings clause

While we disagree with the Court of Appeals’ decision that Greissman’s complaint should have been dismissed for failure to state a claim, we nevertheless affirm because we agree with the circuit court’s grant of summary judgment in favor of Rawlings & Associates. On its face, the savings clause applies only to restrict Greissman’s ability to solicit non-legal business; it exempts the solicitation of legal work from coverage under the non-solicitation clause, expressly noting that the signor does not agree to those terms to the “extent necessary to comply with the rules of professional responsibility applicable to attorneys.” Unambiguously, the signor agrees not to solicit Rawlings’ non-legal business; the savings clause does not apply to the solicitation of legal work since that would violate the Rules of Professional Conduct. Indeed, the savings clause expressly recognizes that the Rules of Professional Conduct govern if any conflict exists between them and the agreement. Since the plain language of the savings clause excludes any interpretation of the agreement that conflicts with the Rules of Professional Conduct, the agreement did not violate SCR 3.130, Rule 5.6.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/04/the-kentucky-supreme-court-absent-an-employment-contract-kentucky-adheres-to-the-doctrine-of-employment-at-will-by-which-an.html

#IFTTT #Feedly

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forensiceyes · 5 years

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Non-Compete Agreements: What Cannabis Business Owners Need to Know About Washington’s New Law

As the cannabis industry has matured, the competition between businesses has increased exponentially whether engaged in the sale of recreational marijuana, hemp, or CBD. A significant risk for any ongoing or new venture arises at the end of a term of employment, whether that end is voluntary or involuntary. That risk is of a former employee starting a business that directly competes with your business, using knowledge and skills she acquired in your employ. Depending on the state in which your business operates, you may use a non-compete agreements (NCA) to mitigate that risk. Each state’s laws carefully circumscribe the scope of an NCA. (In some states NCAs are not enforceable at all.) Generally, legislatures and courts frown upon NCAs because they restrict a person’s ability to engage in the livelihood their choosing. So NCAs must be carefully drafted to be enforceable — some states permit courts to reform NCAs under the “blue pencil” doctrine while others states apply the “red pencil” doctrine, known as the all or nothing rule.

Just last month Washington enacted a new law that radically changes the landscape for non-compete agreements. The bill was signed into law by Governer Jay Inslee on May 8 and takes effect as of January 1, 2020.

Before getting into the substance of the new law, let’s address why you might want to make use of NCAs in your cannabis business. There are several reasons:

Your employees have access to confidential, proprietary, or trade secret information. An enforceable NCA can prevent former employees from using such information in their next venture. (See here for a discussion on the use of cannabis non-disclosure agreements, here for a discussion on cannabis trade secrets, here for discussion on cannabis patents, and here for a discussion about cannabis trademarks).

You may sell your company at some point in the future. Enforceable NCAs may enhance the value of your company by protecting key customer relationships. NCAs do this by preventing employees from leaving the company upon its sale and taking those customers and business relationships with them to a new venture.

Your willingness to share company secrets and protect your investment in training. Training employees is expensive, so is the possibility that an employee may leave having learned key processes or information that they can use in a new venture. An enforceable NCA can mitigate this expense and risk and may enhance your willingness to share information with key employees leading to additional innovation or productivity.

You set expectations for employees and the consequences for future litigation. Employees subject to an enforceable NCA are less likely to believe they can simply jump ship to a new company that competes in your industry. This is especially true where the NCA provides for injunctive relief and liquidated damages.

You put competitors on notice. Competitors are less likely to hire a person subject to an NCA and must be careful not to interfere with the NCE less they find themselves in court on a claim of tortious interference with contract.

With that, lets take a look at the highlights of Washington’s new law, and its severe restrictions on the use of NCAs:

The law defines a non-compete agreement as any written or oral agreement that prohibits an employee or independent contractor from “engaging in a lawful profession, trade, or business of any kind”;

The law creates a rebuttable presumption that any NCA longer than 18 months is unreasonable and unenforceable. A party seeking a longer NCA must prove by clear and convincing evidence that a duration longer than 18 months is necessary to protect the party’s business or goodwill.

It renders void and unenforceable an NCA against employees who earn less than $100,000 per year or $250,000 per year in the case of an independent contractor. (Seattle’s tech giants lobbied for this threshold as it would not apply to many of their employees).

The employer must disclose the terms of the NCA in writing “no later” than the time of the acceptance of the offer of employment. So disclose the NCA when making the offer of employment, or earlier. If the agreement is entered into later, it must be supported by independent consideration.

For employees who are terminated by a layoff, an NCA is not enforceable unless the employee is compensated for the period of enforcement minus compensation otherwise earned by the employee during the period of enforcement. These amounts are subject to an annual inflation adjustment.

By definition, an NCA does not include (1) a nonsolicitation agreement with respect to employees or customers of the employer; (2) a confidentiality agreement; (3) a covenant prohibiting use or disclosure of trade secrets or inventions; (4) a covenant entered into by a person purchasing or selling the goodwill of a business or otherwise acquiring or disposing of an ownership interest; or (5) a covenant entered into by a franchisee when the franchise sale complies with applicable Washington law.

Persons who believe they are subject to an NCA in violation of the new statute may bring a cause of action (or the Attorney General may). If a violation is found, the violator must pay the higher of actual damages or a statutory penalty of $5,000 plus attorney’s fees and related costs and expenses.

The law becomes effective as of January 1, 2020. But by its terms, it applies to all proceedings commenced on or after January 1, 2020, regardless of when the cause of action arose. This means that, to some extent, the law applies retroactively.

The retroactivity provision of the law is important. It means that cannabis employers who attempt to enforce an existing NCA that does not comply with the new law may be subject to penalties. Although this provision may be subject to certain constitutional challenges concerning the impairment of contracts, cannabis businesses should strongly consider revising any existing NCAs to comply with the new law, including complying with the provisions concerning new consideration.

Does all this mean that you shouldn’t bother with an NCA in the Washington? No, an NCA can remain a useful tool in the right situation. But it does mean that you need to be careful in drafting NCAs to ensure that your NCA complies with the new law. Otherwise you may find yourself paying statutory fines and plaintiff’s attorney’s fees.

Non-Compete Agreements: What Cannabis Business Owners Need to Know About Washington’s New Law posted first on http://ronenkurzfeld.blogspot.com

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nonsolicitation-com · 4 years

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NonSolicitation 2

May 16, 2017 - If you have been asked to sign a non-compete agreement, or a non-solicitation agreement, have an employment attorney review the ... Jun 21, 2019 - Employers considering implementing non-competition and non-solicitation agreements for their California workforce must understand the ... Feb 2, 2019 - Employee non-solicitation clauses are often included within non-compete agreements in Washington, though they may also be found in other ... Dec 4, 2018 - Non-solicitation agreements are designed to prevent an employee or independent contractor from soliciting customers of the company for her ... Non-compete agreements prohibit employees from working for competitors, and non-solicitation agreements prevent an employee from soliciting customers of a ... Jan 24, 2019 - On January 11, 2019, a California federal district court issued a decision bolstering the argument that employee non-solicitation clauses are ... Excluded from those proposed measures, however, has always been any restriction on employers' use of customer non-solicitation clauses. Should the ... Non-Solicitation Clauseby Practical Law Labor & Employment Related Content Maintained • USA (National/Federal)A Standard Clause limiting an employee's ... May 29, 2019 - When using these customer non-solicitation agreements with North Carolina employees, employers need to pay particular attention to the ... Non-solicitation agreements are provisions in employment agreements in which, in the event that the employee leaves the company, she does not take any ... Our Nashville non-solicitation agreement attorneys can review your non-solicitation agreement to determine if it is legal, fair, end enforceable. Contact us. In California, non-solicitation agreements are reviewed as contracts which prevent a person from engaging in a profession, trade or occupation which, with ... May 1, 2019 - I suppose that's because enforcement of non-competition and non-solicitation agreements is so very state specific. But, restrictive-covenant ... Mar 11, 2019 - Spring 2019 Newsletter What are non-compete and non-solicitation agreements? A non-compete agreement prohibits an employee from ... Nov 29, 2018 - A California Court of Appeal on November 1, 2018, affirmed a San Diego trial court's judgment voiding post-employment non-solicitation of ... Mar 5, 2019 - Two recent court rulings have challenged the view that reasonable post-employment employee non-solicitation provisions, unlike ... We have also successfully defended employees against such claims. Pursuing or defending a claim for violation of a non-compete or non-solicitation agreement ... Mutual Non-Solicitation of Employees and Customers ... TERM] after the termination or expiration of this agreement (the "Non-Solicitation Period"), neither party ...

#NonSolicitation #domain #dictionary #valuable #tld

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leeannclymer · 5 years

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Blog Post: Wells Fargo Unit's Sale Didn't Ax Noncompetes, Pa. Panel Told

Wells Fargo's sale of subsidiary Wells Fargo Insurance Services in 2017 didn’t erase the insurance unit's interest in upholding the noncompete and nonsolicitation agreements in its employees’ contracts, an attorney for WFIS argued Tuesday at the ...read more Blog Post: Wells Fargo Unit's Sale Didn't Ax Noncompetes, Pa. Panel Told published first on http://www.lexisnexis.com/legalnewsroom/workers-compensation/rss.aspx

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katiekathryn12 · 5 years

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Taking Your Company Public

When a company plans on going public, the underwriter and its legal counsel are required to undertake a rigorous investigation of the company that intends to offer public shares. This is referred to as the “due diligence investigation.”

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The goal of the due diligence investigation is to understand fully the business of the company, the risks and problems facing it, and to assure the investing public that the company’s registration statement is complete and accurate. The following checklist is intended to provide you with a general idea of the documents and information you will have to produce to cooperate with the underwriter and its legal counsel in its due diligence investigation.

Organization and Good Standing

The Company’s Articles of Incorporation, Bylaws, and all amendments thereto.

The Company’s minute book, including all minutes and resolutions of shareholders and directors, executive committees, and other governing groups.

The Company’s organizational chart.

The Company’s list of shareholders and number of shares held by each.

Copies of agreements relating to options, voting trusts, warrants, puts, calls, subscriptions, and convertible securities.

A Certificate of Good Standing from the Secretary of State of the state where the Company is incorporated.

Copies of active status reports in the state of incorporation for the last three years.

A list of all states where the Company is authorized to do business and annual reports for the last three years.

A list of all states, provinces, or countries where the Company owns or leases property, maintains employees, or conducts business.

Previous Financing Efforts; Authorization for Going Public

Copies of any registration statements, private placement memoranda, or similar materials related to the Company.

Copies of corporate resolutions authorizing the initial public offering.

Any confidentiality or nonpublicity agreements.

Any broker or investment banking arrangements.

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Financial Information

Audited financial statements for three years.

The most recent unaudited statements, with comparable statements to the prior year.

Auditor’s letters and replies for the past five years.

The Company’s credit report, if available.

Any projections, capital budgets, and strategic plans.

Analyst reports, if available.

A schedule of all indebtedness and contingent liabilities.

A schedule of inventory.

A schedule of accounts receivable.

A schedule of accounts payable.

A description of depreciation and amortization methods and changes in accounting methods over the past five years.

Any analysis of fixed and variable expenses.

Any analysis of gross margins.

The Company’s general ledger.

A description of the Company’s internal control procedures.

Physical Assets

A schedule of fixed assets and identify location.

All U.C.C. filings.

All leases of equipment.

A schedule of sales and purchases of major capital equipment during last three years.

Real Estate

A schedule of the Company’s business locations.

Copies of all real estate leases.

Intellectual Property

A schedule of domestic and foreign patents and patent applications.

A schedule of trademark and trade names.

A schedule of copyrights.

A description of important technical know-how.

A description of methods used to protect trade secrets and know-how.

Any “work for hire” agreements.

A schedule and copies of all consulting agreements, agreements regarding inventions and licenses or assignments of intellectual property to or from the Company.

Any patent clearance documents.

A schedule and summary of any claims or threatened claims by or against the Company regarding intellectual property.

Employees and Employee Benefits

A list of employees including positions, current salaries, salaries and bonuses paid during last three years, and years of service.

All employment, consulting, nondisclosure, nonsolicitation or noncompetition agreements between the Company and any of its employees.

Resumes of key employees.

The Company’s personnel handbook and a schedule of all employee benefits and holiday, vacation, and sick leave policies.

Summary plan descriptions of qualified and non-qualified retirement plans.

Copies of collective bargaining agreements, if any.

A description of all employee problems, including alleged wrongful termination, harassment, and discrimination.

A description of any labor disputes, requests for arbitration, or grievance procedures currently pending or settled within the last three years.

A list and description of benefits of all employee health and welfare insurance policies or self-funded arrangements.

A description of worker’s compensation claim history.

A description of unemployment insurance claims history.

Copies of all stock option and stock purchase plans and a schedule of grants thereunder.

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Licenses and Permits

Copies of any governmental licenses, permits or consents.

Any correspondence or documents relating to any proceedings of any regulatory agency.

Environmental Issues

Environmental audits, if any, for each property leased by the Company.

A listing of hazardous substances used in the Company’s operations.

A description of the Company’s disposal methods.

A list of environmental permits and licenses.

Copies of all correspondence, notices, files related to EPA, state or local regulatory agencies.

A list identifying and describing any environmental litigation or investigations.

A list identifying and describing any known superfund exposure.

A list identifying and describing any contingent environmental liabilities or continuing indemnification obligations.

Taxes

Federal, state, local, and foreign income tax returns for last three years.

States sales tax returns for last three years.

Any audit and revenue agency reports.

Any tax settlement documents for last three years.

Employment tax filings for three years.

Excise tax filings for three years.

Any tax liens.

Material Contracts

A schedule of all subsidiary, partnership, or joint venture relationships and obligations, with copies of all related agreements.

Copies of all contracts between the Company and any officers, directors, 5-percent shareholders or affiliates.

All loan agreements, bank financing arrangements, lines of credit or promissory notes to which the Company is a party.

All security agreements, mortgages, indentures, collateral pledges, and similar agreements.

All guaranties to which the Company is a party.

Any installment sale agreements other than for goods in the ordinary course of business.

Any distribution agreements, sales representative agreements, marketing agreements, and supply agreements.

Any letters of intent, contracts, and closing transcripts from any mergers, acquisitions, or divestitures within last five years.

Any options and stock purchase agreements involving interests in other companies.

The Company’s standard quote, purchase order, invoice, and warranty forms.

All nondisclosure or noncompetition agreements to which the Company is a party.

All other material contracts.

Product or Service Lines

A list of all existing products or services and products or services under development.

Copies of all correspondence and reports related to any regulatory approvals or disapprovals of any Company’s products or services.

A summary of all complaints or warranty claims.

A summary of results of all tests, evaluations, studies, surveys, and other data regarding existing products or services and products or services under development.

Customer Information

A schedule of the Company’s 12 largest customers in terms of sales thereto and a description of sales thereto over a period of two years.

Any supply or service agreements.

A description or copy of the Company’s purchasing and credit policies.

A schedule of unfilled orders.

A list and explanation for any major customers lost over the last two years.

All surveys and market research reports relevant to the Company or its products or services.

The Company’s current advertising programs, marketing plans and budgets, and printed marketing materials.

A description of the Company’s major competitors.

Litigation

A schedule of all pending litigation.

A description of any threatened litigation.

Copies of insurance policies possibly providing coverage as to pending or threatened litigation.

Documents relating to any injunctions, consent decrees, or settlements to which the Company is a party.

A list of unsatisfied judgments.

Insurance Coverage

A schedule and copies of the Company’s general liability, personal and real property, product liability, errors and omissions, key-man, directors and officers, worker’s compensation, and other insurance.

A schedule of the Company’s insurance claims history for past three years.

Professionals

A schedule of all law firms, accounting firms, consulting firms, and similar professionals engaged by the Company during past five years.

Articles and Publicity

Copies of all articles and press releases relating to the Company within the past three years.

Business Lawyer Free Consultation

If you want to take your business public, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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