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Business Advisor Report
November 2003
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Message from the Firm

By Brad Cohen

There has recently been an upturn in the economy. As a result, we have seen an increase in business transactions, in particular, more mergers and acquisitions and more real estate transactions. Hiring shortages are also requiring companies to be more creative in their equity-based compensation in order to attract and retain good employees. In addition, employees are starting up their own businesses, which raises issues of trade secret protection and unfair competition. Finally, recent tax law changes encourage investment in new equipment.

The articles included in this newsletter address many of the issues mentioned above. Adam Cohen and Lee Reicher discuss in their article the need for borrowers to carefully review and negotiate the letter of intent in real estate financing deals. Mark Terman's article presents a situation in which a company uses a compensation package to entice a key employee to remain loyal. Robin Gilden's article highlights ways in which a business can receive a tax savings through bona fide sale, disposal or charitable donation of excess or obsolete inventory. Nelson Handy encourages employers to review all pre-January 28, 2002 split-dollar insurance agreements for potential adverse tax implications before the December 31, 2003 deadline.

As always, if you have any questions or comments, please contact me or one of the attorneys who has written an article.


Reprinted with permission, © 2003 Reish Luftman Reicher & Cohen. All rights reserved. The Reish Luftman Reicher & Cohen Business Advisor Report is published as a general informational source. Articles are general in nature and are not intended to constitute legal advice in any particular matter. Transmission of this report does not create an attorney-client relationship. Reish Luftman Reicher & Cohen does not warrant and is not responsible for errors or omissions in the content of this report.

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