Query Sautter & Associates, LLCFindLaw IM Template2023-08-02T18:18:21Zhttps://www.querysautterlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502611/2022/01/cropped-Query-site-icon-32x32.pngOn Behalf of Query Sautter & Associates, LLC<![CDATA[6 ways South Carolina businesses get into commercial disputes]]>https://www.querysautterlaw.com/?p=469892023-08-02T18:18:21Z2023-08-02T18:18:21ZInadequate research
Businesses work with investors and other business owners all the time. These partnerships are usually beneficial to everyone involved. However, some disputes between businesses result from failing to perform the proper due diligence.
The purpose of due diligence is to research and assess the potential risks and benefits of a situation. It allows a business owner to make an informed decision before entering a business partnership or collaboration. Failure to perform adequate due diligence can lead to financial loss, commercial disputes, and more problems.
Bad products
A business might need products from another company to stay in operation. A business dispute can develop if there’s a problem with the supplied products.
For example, say that a restaurant gets its meat from a particular supplier. Because of a bad batch of meat, some of the restaurant’s customers got food poisoning. As a result, a dispute developed between the restaurant and the meat supplier.
Failure to meet obligations
A business is legally responsible for its operations, products, services, decisions and actions. Failure in these areas can lead to a dispute with another business.
Copyright infringement
A business could mistakenly commit copyright infringement. Examples include using a logo, written work, photograph or song without permission from the copyright owner.
Payment
Business disputes often concern money. A business might refuse to pay an invoice for whatever reason. Or perhaps there's an accounting mistake causing payments to get overlooked.
International trade
A commercial dispute can develop between businesses from different countries. Differences in contract laws, trade laws and cross-border transactions could lead to disagreements.
There are risks associated with being a business owner. However, with careful planning and due diligence, you can reduce the possibility of a business dispute.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Tips for back-to-school co-parenting]]>https://www.querysautterlaw.com/?p=469882023-07-19T21:02:00Z2023-07-19T21:02:00ZEstablish routines that will work throughout the year
Children work well with routines, and establishing them for both households before returning to school can provide children with stability and support. This is an integral part of child custody as it is in the best interests of each child to live in stable, thriving environments. Some of the routines that can be established before school begins include:
Transportation matters including rides to and from school and extra-curricular activities
Homework and study times
Morning and bedtime routines, including time to wake up and sleep in both homes
Discuss upcoming expenses, set a budget and split the costs
Returning to school involves additional expenses in the form of clothing, supplies and extracurricular activities. Co-parents should sit down and discuss any upcoming expenses to have a realistic idea of how much they will need to spend, then set a budget that they can both contribute to equally. This can prevent any disagreements or confusion about the new school year.
Establish an open line of communication
Successful co-parenting is centered around positive and open communication. If you and your co-parent have already established this, you can continue to use these lines of communication. However, if you are struggling when it comes to communication, trying out other ways that might better fit your situation and needs is important as you begin preparing for your children to return to school.
Returning to school is always an exciting time for the children. You and your co-parent can support them and encourage them even more if you plan and are on the same page.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Why Is a Business Valuation Important?]]>https://www.querysautterlaw.com/?p=469852023-07-06T06:43:25Z2023-07-05T06:42:29ZWhat is a business valuation?
A business valuation is the process by which a business' economic value is determined. Getting valued involves hiring an expert, usually an accountant or specialized business appraiser, to do the work. Each business valuation is handled individually, and the economic value of the results will be reevaluated on the next visit.
A valuation may be required to lessen the chances of business disputes occurring. It can occur before you sell your business interests, when you go public, are sued by a client or need to report the value during a divorce. A valuation can also benefit you in the wake of an economic downturn.
Valuation can get you back on track
A benefit of a business valuation is that it can assist your business with an evaluation of the direction the business and give perspective on how to improve. For example, a valuation may tell you which section of the business is not pulling its weight.
A secondary benefit of receiving a valuation regularly, especially for brick-and-mortar businesses, is to purchase enough insurance to cover the current value of the business and property. Having ample insurance coverage assists with natural disasters, legal troubles, and more.
Every business needs an official valuation to prepare for insurance, legal issues, going public and divorce proceedings. Receiving a business valuation can assist with directing your business and improving its value further. To understand the business valuation process and ensure legal and accurate results, seek the assistance of a business lawyer and know where your business stands.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Some common reasons for a business valuation]]>https://www.querysautterlaw.com/?p=469812023-06-21T05:16:52Z2023-06-21T05:16:52ZSelling or buying a business
If you're considering selling your business or acquiring another one, a valuation is a necessity. It helps determine a fair asking or offer price, ensuring that you make informed decisions and negotiate from a position of knowledge.
Estate planning
Business valuations play a critical role in estate planning and succession strategies. Knowing your business's worth helps in establishing accurate financial plans, determining the fair distribution of assets and addressing potential tax implications.
Securing financing
When seeking funding from lenders or investors, a business valuation can provide credibility and evidence of your company's worth. It enables you to present a solid case, showcasing the value of your business and increasing the chances of securing the necessary financing.
Partnership dissolution
In cases where partnerships are dissolving, a valuation helps determine the fair value of each partner's share. This ensures a fair division of assets and minimizes business disputes during the dissolution process.
Internal planning and decision-making
Understanding your company's value can guide internal planning and decision-making that can influence your bottom line. It provides insights into the company's strengths, weaknesses and growth potential, enabling you to make optimal strategic choices.
Tax planning
Accurate business valuations assist in tax planning by ensuring compliance with regulations and minimizing tax liabilities. Valuations help determine asset values, assess potential tax deductions and ensure proper reporting to tax authorities.
Litigation and dispute resolution
During legal proceedings, such as a divorce or a shareholder dispute, a business valuation becomes a vital tool. The outcome establishes the company's fair value, aiding in the equitable division of assets or the resolution of disputes.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Best ways to have a child-centered divorce]]>https://www.querysautterlaw.com/?p=469822023-07-06T05:12:13Z2023-06-13T05:11:36ZDon’t fight in front of your child
The purpose of a child-centered divorce is to protect kids from as much unpleasantness as possible. One way to do that is to avoid fighting with your estranged spouse in front of your child. Doing so can only cause more stress and anxiety. If you have to argue, do it when your child isn’t around.
Agree to work together
Even if you’re ending your marriage, you and your spouse still want to support your child to the best of your abilities. In order to do that, put your differences aside and agree to work together. It’s a good way to have a child-centered divorce and lets you maintain the peace.
Avoid going to court
A traditional divorce in court can last a year or longer as spouses battle over issues. This is something to avoid if you want to shield your children. Avoiding court and relying on alternative means to end your marriage such as divorce mediation or collaborative divorce are easier, faster and cheaper. You and your spouse can take control over the process by negotiating any terms of your split. With mediation, a neutral mediator helps you reach an agreement while the collaborative process requires signing an agreement to avoid court.
Focus on your relationship with your child
During your divorce, focus on your relationship with your child. It’s a healthier way to maneuver the situation and allows you to remember what’s most important. Your child also benefits because you’re there for them and not caught up in a bitter split. Really talk with them and encourage them to share their feelings about the divorce. It could help your child express difficult emotions and feel better.
Divorce is never easy, but centering things around your child benefits the whole family.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Remaining child-focused during divorce]]>https://www.querysautterlaw.com/?p=469782023-06-08T02:49:27Z2023-06-08T02:49:27ZAvoiding litigation
While many people assume that taking their ex through the family law system at the end of their marriage is their only option, that’s simply not the case. Parents who decide to end their marriage can work together in a “collaborative divorce.” This type of divorce sees both parties agree to the general parameters of their split before having a judge sign off on their agreement in the final divorce decree.
Pay extra attention
Regardless of your child’s age, he or she will endure a lot of emotional and mental turmoil during this time. After all, the only life your child knows is changing drastically. You can make the process a bit easier for your child by being extra attentive to his or her needs during this time.
Be mature
Experts agree that parents who take a civilized, mature approach to their divorce make life much easier for their children. Being mature means you don’t talk negatively about your ex in front of your children. It also means that you never use your children as spies or ask them to carry a message to your ex.
There is no way to make divorce easy for anyone, and it will impact the whole family. However, by being mindful and managing your emotions, you can remain hyper-focused on your children and their needs as you navigate the end of your marriage.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Defending against drug possession charges]]>https://www.querysautterlaw.com/?p=469692023-05-23T01:18:46Z2023-05-23T01:18:46ZDefenses against drug possession
If you didn't know that you were in possession of marijuana, cocaine or other controlled substances, it's unlikely that you have committed a crime. A prosecutor cannot obtain a conviction without proving your intent to violate the law. You may also assert that you merely possessed something that looked like marijuana or another prohibited item. Finally, you may argue that you were the victim of entrapment or that authorities violated your Fourth Amendment rights while obtaining evidence.
Defending against trafficking charges
Authorities may try to charge you with intent to distribute or traffic a controlled substance if they find a large quantity of drugs. In such a scenario, you may beat the charge by arguing that you only had enough for personal use. It may also be possible to contend as part of your criminal defense strategy that you were the victim of police misconduct. Any other defenses to rebut a possession charge may also be used to rebut a possession with intent to distribute charge.
If convicted of drug possession, you may be sentenced to jail or prison time and subject to fines or other penalties. Penalties may be enhanced if you're convicted of possession with intent to distribute. It may be possible to have your record expunged if you are acquitted.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[How small businesses can stop South Carolina credit card fraud]]>https://www.querysautterlaw.com/?p=469662023-05-08T22:14:06Z2023-05-08T22:14:06Zdisputes about business and worse for small businesses. As long as a business accepts credit cards, the risk of fraud exists. However, some steps can reduce the risk.
Secure online transactions
Credit card fraud threatens any small business that engages in online sales. In most cases, the card issuer has to deal with the fraud. But the small business still has to deal with chargebacks and additional costs.
One safety measure requires the customer to enter the credit card’s security code. Also, ask for the expiration date and card number. This can help prevent sales in which a criminal gains access to a credit card number but does not possess the card itself.
Use transaction filters
Filters allow a small business to flag certain transactions. A transaction can seem suspicious because of the amount spent, the IP address or the country.
Delay shipping
Shipping speed is a selling point for many small businesses. The faster the shipping, the happier the customer. But delaying shipping can help you prevent fraud by giving you time to verify the credit card and ordering information.
Review chargebacks
Chargeback data can reveal problem areas and patterns. This makes it possible to track the problem and fix it. Chargebacks can cost a small business anywhere from $20 to $100 per transaction. Preventing them saves money.
Updated credit card reader
Small businesses are at risk if they don’t accept EMV chip cards. Cards with the chip are more secure than older cards that only have a magnetic strip. Also, a business that doesn’t accept EMV chip cards or allows someone to swipe instead of insert the card can become liable for the fraudulent transaction. This can possibly lead to business disputes concerning credit card fraud.
Credit cards are a part of doing business. Any business that doesn’t accept credit cards will likely have fewer sales. Taking steps to prevent fraud is good for small businesses and customers.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Resolving business disputes through mediation or arbitration]]>https://www.querysautterlaw.com/?p=469652023-04-22T01:07:25Z2023-04-22T01:07:25ZMediation
Contracts may not mention mediation, but it is often a viable first step in resolving business disputes. A neutral third party listens to both sides of the issue and offers creative suggestions for how the two conflicting parties may reach an acceptable compromise. Depending on the level of hostility, the mediator may lead a joint discussion with everyone sitting around a table in a conference room, or the mediator may decide that it's more productive to meet with both sides individually. If the disputing parties agree, a video conference is another possible option.
The decision of the mediator is not binding. However, it is an excellent way to resolve a problem. Because the parties are reaching a satisfactory compromise, they may continue their business relationship without further disruptions.
Arbitration
Arbitration is a more formal process than mediation, and the arbitrator's decision is usually binding. Because of this, attorneys are often present to present their client's case and cross-examine witnesses. Both sides must agree on the choice of an arbitrator, who is often an attorney or retired judge. Hearings usually occur in a conference room, and the arbitrator has much more leeway than a judge when deciding what testimony and evidence are acceptable. Appeals are possible only in rare situations, and the stress of the process may destroy the business relationship.
Your business disagreement may eventually result in arbitration, but remember that mediation may offer an inexpensive way to settle disputes, even if the contract doesn't mention it.]]>On Behalf of Query Sautter & Associates, LLC<![CDATA[Three facts that must be valid before a burglary occurred in South Carolina]]>https://www.querysautterlaw.com/?p=469642023-04-06T21:59:49Z2023-04-06T21:59:49ZBreaking and entering
The first element that has to be true is that the burglar used some force to enter a structure. The structure does not have to be locked. The burglar can use their pinkie finger to finish opening a door that someone left ajar. Furthermore, the burglar does not have to stand inside the structure physically. For example, they can push a window up a little and reach through it.
Building or occupied structure
The place where the burglary occurs must be designed to hold people or animals and be closed to the public when the burglary takes place. For example, a person taking a soda off a store shelf without paying for it when the store is open commits shoplifting, but if they pick the lock to take the same soda while the store is closed, they commit burglary.
Intent
The burglar must break into the building and steal something. For example, assume for a moment that someone claims to work for a floor service to gain entry to a closed museum to see a new exhibit, but they do not take anything while inside. In that case, the person's criminal defense could be that no burglary occurred because nothing was stolen. However, a burglary occurred if the same person decided they needed a pen on the way out and took one from an office desk.
These three conditions must be met for a burglary to occur.]]>