Extending Consumer Credit Requires Compliance With Federal LawsWritten by Henry J. Fasthoff, IV
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o Budgets, business plans or projections (for Company and any of its subsidiaries) made on a quarterly, annual or other basis during past 3 fiscal years. 4. Contracts & Leases o Real estate leases. Consider term of lease and quality and location of space and decide whether your business needs would be satisfied; o Equipment leases; o Purchase and sale contracts for goods and services [uniforms; food suppliers] 5. Tax Matters o Are back taxes owed? o Are there any pending tax suits? o Does any local, state or federal taxing authority have any liens against real property or business personal property you would be acquiring? If so penalties, interest and attorney’s fees could greatly increase cost of satisfying tax lien. 6. Identities of All Directors, Officers & Shareolders o You ought to perform a background check on each of these people to see whether there is any pending litigation against them. 7. Owned Real Estate o Need a list of owned real estate to help in valuing business and determining liabilities. 8. Insurance o You would want to have copies of insurance policies, as well as name and contact information for insurance agent, going back four years from time of purchasing business. Check to see whether insurance policies would cover you, as new company, for any damages alleged to have occurred before you acquired business. Finally, many other factors related to financial and other matters must be considered before taking plunge.

Mr. Fasthoff is a commercial litigation attorney by day, and an entrepreneur in the marketing field by night. He represents corporate clients and individuals in the fields of commercial litigation; entertainment litigation; intellectual property litigation; arts law; technology law; and a wide variety of other business litigation matters.
| | Electronic Evidence as the Smoking GunWritten by Henry J. Fasthoff, IV
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For purposes of this notice, “Electronic Data” shall include, but not be limited to, all text files (including word processing documents), spread sheets, e-mail files and information concerning e-mail (including logs of e-mail history and usage, header information and “deleted” files), Internet history files and preferences, graphical image format (“GIF”) files, all other graphical format images, data bases, calendar and scheduling information, computer system activity logs, and all file fragments and backup files containing Electronic Data. 1. Please preserve and retain all Electronic Data generated or received by following persons: John Doe, CEO Mary Smith, CFO Bill Brown, COO 2. Please preserve and retain all Electronic Data containing any information about following subjects: Emails sent to or received from any employee or representative of ABC Company, DEF Company, or XYZ Company. 3. You must refrain from operating (or removing or altering fixed or external drives and media attached thereto) standalone personal computers, network workstations, notebook and/or laptop computers operated by following persons: John Doe, CEO Mary Smith, CFO Bill Brown, COO 4. You must retain and preserve all backup tapes or other storage media, whether on-line or off-line, and refrain from overwriting or deleting information contained thereon, which may contain Electronic Data identified in paragraphs 2 through 4. In order to alleviate any burden upon you, we are prepared to immediately enlist services of a computer forensic expert to image and examine all drives and media in your custody and control which may contain Electronic Data relevant to this matter. If you enlist your own computer forensics expert to generate evidentiary images of all electronic evidence identified above, demand is made that such expert utilize industry standard computer forensic software in order to facilitate and enable processing and exchange of such evidence in this matter. Should your company receive a letter like this, you should take it extremely seriously. Continuing to use any computers or other devices identified in such a letter will result in data being overwritten, which courts would interpret as destruction of evidence. Destroying evidence can not only result in serious sanctions against company or individual in case at hand, as we saw during Enron mess it can also result in criminal prosecution.

Mr. Fasthoff is a commercial litigation attorney by day, and an entrepreneur in the marketing field by night. He represents corporate clients and individuals in the fields of commercial litigation; entertainment litigation; intellectual property litigation; arts law; technology law; and a wide variety of other business litigation matters.
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