Denver Post: Restaurants say online reviewers may exploit their power

The Red Rabbit Kitchen and Bar in Sacramento, Calif. — whose co-owners include Matt Nurge, left, and John Bays — was the apparent target of an alleged extortion attempt by a Yelp user. (Paul Kitagaki Jr., Sacramento Bee/MCT)

Restaurant co-owner Sonny Mayugba was given an offer he almost could not refuse last month. Not by a local gangster but by a user of the popular online-review site Yelp.com. Mayugba said the user threatened to blast Red Rabbit Kitchen and Bar in Sacramento, which Mayugba co-owns, on Yelp because he believed he and his party got food poisoning from their meals.

Read the full story at the Denver Post's website: http://www.denverpost.com/business/ci_20763457/restaurants-say-online-reviewers-may-exploit-their-power#ixzz1wvTS6Lqh

Penalties vary for companies convicted of crimes

Brian Wanamaker is a criminal defense attorney with Ritchie, Dillard, Davies & Johnson. This column is provided through the Knoxville Bar Association.

Most companies expect the occasional civil judgment or fine; they rarely expect to plead guilty to a criminal offense. Global health care company Abbott Laboratories Inc. recently agreed to do just that to resolve civil and criminal liability issues related to off-label marketing of its anti-seizure medication Depakote. Abbott agreed to plead guilty to one misdemeanor and pay about $1.6 billion. That is one hefty misdemeanor.

Read the full story at:
http://www.knoxnews.com/news/2012/jun/04/penalties-vary-for-companies-convicted-of-crimes/

America Invents: Looking at the New U.S. Patent Act

Sheri Qualters posted a list of the top ten things you should know about the new Patent Act on Law.com. Qualters discusses several aspects of the Act, including the first-to-file model, the PTO court, and changes to the prior use, best mode, and joinder rules.

Read the full article here: Top 10 Things You Should Know About the New Patent Law

The New York Times also posted an article about how the new Patent Act, which was enacted under the name the "America Invents Act," is affecting small businesses. This article also discusses the new-to-the-US First to File model, and it also discusses the Track One "fast track" process and how Postgrant Review works.

Read that article, posted by Eliene Zimmerman, here: Business Owners Adjusting to Overhaul of Patent System

On Cyber Monday, Feds Shut Down 150 Web Sites

Federal authorities on Monday announced the seizure of 150 domain names for Web sites that featured alleged knock-offs of authentic jerseys, handbags, sports equipment and other items.

The results of the undercover operation "In Our Sites" top last year's crackdown, when investigators shut down 82 web sites.

In most cases, the person or people operating the commercial sites do not challenge the domain name seizure in court, Lanny Breuer, the assistant attorney general for the Justice Department’s criminal division, told reporters.

Read the full story at the Legal Times Blog.

Josh Flory: Tennessee looks to boost startups

Groupon may be the hot Internet company du jour, but it didn't spring from a traditional startup bastion like Silicon Valley or Boston.

The group-discount firm that began offering shares to the public on Friday is headquartered in Chicago, and serves as proof that startup success can happen far from the coasts. On Thursday, Tennessee officials unveiled a plan that aims to smooth the path for entrepreneurs who are looking to cultivate a big idea in the Volunteer State.

Gov. Bill Haslam and Economic and Community Development Commissioner Bill Hagerty announced that nine "entrepreneurial accelerators" will be established throughout the state, including one that will be led by the University of Tennessee's Anderson Center for Entrepreneurship and Innovation.

Lynn Youngs, executive director of the Anderson Center, said the ultimate goal is business and job creation and that a big part of the accelerator's mission will be to make the region aware of resources that already exist.

He said any applicant who comes through the door will be evaluated and steered toward their best path for success. The accelerator's bread and butter, though, will be working with companies that have strong growth potential and are nearly ready to make a pitch to investors.

Youngs said accelerators are best matched to "fast-flip opportunities," and cited web-based applications as an example of the type of opportunity that can be accelerated into the marketplace. But he also cited the strong investment in scientific research that has been made in East Tennessee. "We're not going to ignore that by any stretch of the imagination," he said.

The nine regional accelerators will each receive a $250,000 grant comprised of state and federal dollars, with the expectation that a local match of at least that much will be provided. The Knoxville accelerator effort includes partners such as Oak Ridge National Laboratory, Tech 20/20, the Oak Ridge Economic Partnership and the Knoxville Chamber.

Read the full story at the Knoxville News-Sentinel:
http://www.knoxnews.com/news/2011/nov/04/tennessee-looks-to-boost-startups/

Amazon to begin collecting Tennessee sales tax in 2014

Amazon to begin collecting Tennessee sales tax in 2014
October 6, 2011
Brian Reisinger (Staff Reporter - Nashville Business Journal)

Gov. Bill Haslam confirmed a sales tax deal with online retailer Amazon.com Thursday morning, announcing thousands of additional jobs and what he hopes will be the resolution of a long-running dispute within the business community.

Amazon will invest a total of $350 million and create 3,500 full-time jobs under the deal, which will also include new locations in Tennessee. Amazon had previously committed to 1,500 jobs in Hamilton and Bradley counties, and between 300 and 500 jobs in Wilson County. The company also anticipates thousands of additional seasonal jobs.

See the full article at the Nashville Business Journal web site: http://www.bizjournals.com/nashville/news/2011/10/06/haslam-seals-amazon-deal-in-tennessee.html

Local banks enticed with funds for small business loans

Local banks enticed with funds for small business loans
By Josh Flory

Billy Carroll, president and CEO of Pigeon Forge-based SmartBank, acknowledges that the regulatory climate is tougher than it used to be, but said that banks still want to loan money.

'If we can't grow assets we can't make money,' he said. 'We can't generate a return for our shareholders.'

SmartBank's parent company was approved recently for $12 million through the federal Small Business Lending Fund, and Carroll said the bank is working on a couple of small-business loans that he thinks were generated by its participation in the program.

The funding, he said, allows the bank to price its loans a little more competitively, to grow its asset base 'and not have to worry about going out and immediately trying to raise capital behind that.'

SmartBank is among a handful of Tennessee community banks that have been on the receiving end of money from the $30 billion program approved by Congress last year.

See the full article at the Knoxville News Sentinel web site: http://www.knoxnews.com/news/2011/oct/03/local-banks-enticed-funds-small-business-loans/

Patent reform act signed into law

President Obama has signed H.R. 1249, the "Leahy-Smith America Invents Act," passed by the Senate the week before. The act presents the most comprehensive overhaul of the Patent Statute (35 U.S.C.) since it was enacted in 1952, including changing our system of awarding patents from those who invent first to those who file their application first.

Law.com has the full story.

Major patent overhaul passes U.S. Senate

The U.S. Senate passed the Leahy-Smith America Invents Act on Thursday, the first significant change in patent law since 1952. The legislation is designed to spur innovation and provide a boost to the job market. The law would change the nation's U.S. patent system from a first-to-invent system to a first-to-file system and would help provide adequate funding to the overwhelmed patent office by allowing it to set and keep its own fees. The final bill is controversial because it does not prohibit fee diversion -- the practice of using excess U.S. Patent and Trademark Office revenue for other government programs.

Read the full story on CNN.com

Patent office hits 8 million mark

The U.S. Patent and Trademark Office issued patent number 8 million on Tuesday, August 16. It went to Second Sight Medical Products for an invention the company says enhances visual perception for a certain kind of blindness. The first patent, for a cog mechanism in locomotives, was issued in 1836 to Sen. John Ruggles, who was known as the father of the U.S. Patent office.

Read the full story on NPR's website.

Forbes Ranks Nashville #6, Knoxville #26, and Clarksville #87 “Best Places For Business and Careers”

Forbes: The Best Places for Business and Careers

Forbes recently issued a list of the Top 100 best cities for businesses and careers, and several Tennessee cities made the list:

6 – Nashville
26 – Knoxville
87 – Clarksville

According to their methodology, they looked at the 200 largest metropolitan statistical areas in the United States. They considered 12 metrics relating to job growth (both past and projected), costs (business and living), income growth, educational attainment and projected economic growth. They also factored in quality of life elements such as crime rates, cultural and recreational opportunities, and net migration patterns. Finally, they included the number of highly-ranked colleges in an area according to their annual college rankings.

Guy's bankruptcy 'handbook' shares secrets

Nashville lawyer Bobby Guy recently wrote and published a book entitled Distress to Success. The book is billed as a "handbook for business leaders trying to turn around their company, as well as for investors trolling the market for a good opportunity."

The Nashville Business Journal talks to Guy about the book. Check out the full story here:
http://www.bizjournals.com/nashville/print-edition/2011/06/24/nashville-bankruptcy-lawyer.html

Advice for business: Hire an attorney (Tennessean)

A small business just starting out needs a "strong three-legged stool to support it," columnist Jeff Cornwall writes. "The three legs should consist of a strong attorney, a CPA and a business banker." Cornwall explains why it's best not to do-it-yourself when it comes to these jobs.

Chris Sloan, an attorney with the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, weighs in saying that the best way to avoid a nasty business breakup later is with an agreement that addresses issues like decision-making, dispute resolution, what happens if someone dies or wants to leave, and how and when to shut or sell the business. "With a good agreement, you accomplish two things," Sloan says. "First, you avoid a dispute down the road, and second, you have a chance to preserve the personal relationships."

Read the full story at the Tennessean's website: http://www.tennessean.com/article/20110509/BUSINESS/305090019/Startup-entrepreneurs-need-good-business-attorneys

Businesses Shift Strategy in Hiring Lawyers

The recession has brought changes to the business of law as companies try to find ways to lower fees and enter into less costly billing arrangements. Industry experts say some of these strategies include using junior associates at a lower billing rate, engaging different lawyers for specific issues, and paying by the hour rather than by retainer. In a New York Times article reprinted in the Memphis Commercial Appeal, business consultants and law firm managers offer their insights for making legal services affordable for small businesses.

Read the story here: http://www.commercialappeal.com/news/2011/feb/13/strategies-shift-in-hiring-lawyers/

Haslam Unveils First Legislative Agenda

Gov. Bill Haslam unveiled his first legislative agenda today. Among its provisions, the proposal would limit damages in civil suits against businesses as part of an effort to attract more companies to Tennessee.

Under the plan, non-economic damages would be capped at $750,000. Tony Thompson, a lobbyist for the Tennessee Association for Justice, responded saying the group is not convinced that civil damages are a problem in Tennessee or are keeping businesses from moving into the state.

http://www.knoxnews.com/news/2011/feb/17/haslam-unveil-legislative-package-thursday/?partner=newsletter_headlines

One-Fourth of Nonprofits Are to Lose Tax Breaks

Some nonprofits' tax breaks to end May 15

At midnight on May 15, an estimated one-fifth to one-quarter of some 1.6 million charities, trade associations and membership groups will lose their tax exemptions, thanks to a provision buried in the Pension Protection Act of 2006. An I.R.S spokeswoman said that while groups would lose their exemptions effective May 16, the I.R.S. would probably not send out notices until January to give nonprofits a chance to bring themselves into compliance with the law.

Learn more from The New York Times:
http://www.nytimes.com/2010/04/23/us/23exempt.html

Small Business Advocate created within Tennessee's Office of the Comptroller

The Senate Commerce Labor and Agriculture Committee has voted to create a small business advocate within the Office of the Comptroller of the Treasury, utilizing existing personnel.

Senate Bill 3484 calls for the advocate to mediate and assist with resolution of issues concerning small business owners and state departments and agencies. The bill also requires the small business advocate to prepare an annual report on their office's activities, findings and recommendations to the governor, members of the General Assembly and the heads of the affected departments and agencies to make sure officials are notified about any problems or concerns.

Supreme Court Adopts Headquarters Test, Hampering Forum-Shopping Plaintiffs

High court defines 'headquarters' (February 23, 2010)

The U.S. Supreme Court may have made it more difficult for tort lawyers to bring lawsuits in plaintiff-friendly state courts with today's ruling that a company's principal place of business is typically its headquarters. The 9-0 ruling, authored by Justice Stephen G. Breyer, said a company should be considered a citizen of a state where its "nerve center" is located. The "nerve center" test will be used to establish diversity jurisdiction, allowing more lawsuits to be tried in federal rather than state courts.

Full story available at:
http://www.abajournal.com/news/article/supreme_court_adopts_headquarters_test_hampering_forum-shopping_plaintiffs/