Brooks, Bradley & Doyle
The following information includes frequently asked questions concerning various areas of the law. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Philadelphia, Pennsylvania litigation lawyers of Brooks, Bradley & Doyle, you can receive a personal consultation regarding your specific legal claim.
Should I hire a civil law attorney? Are you party to a lawsuit? If so, then you definitely need a civil law attorney to represent you in your case. Even if you are not party to any civil lawsuits, you may find that retaining an attorney can be quite beneficial. For example, if you are creating or party to a trust, contract, mortgage, title or lease, a civil law attorney can advise you of your legal rights and obligations to save you a lot of money and legal hassles down the road. A qualified civil law attorney can also help you if you are running a business, as businesses end up in civil lawsuits all the time. A civil law attorney can give you timely advice that can save you from costly civil law litigation. For more information, contact the Philadelphia civil litigation attorneys of Brooks, Bradley & Doyle today. Back to Business LitigationWhat is Business Litigation? Business litigation involves business people representing a variety of industries on local, state and federal levels in matters pertaining to such diverse areas as:
- Business Torts: including commercial defamation; trade dress, patent or trademark infringement (including Lanham Act suits); interference with contractual or economic relations; breach of fiduciary duty; fraud and misrepresentation; unfair and deceptive trade practices and other conduct or claims that affect the success of a business.
- Class Actions: including securities fraud, commercial and tax issues and minority shareholder rights.
- Contracts: such as a service contract with a primary vendor, an output contract with a key supplier, a sales contract with an important customer, or any other kind of written or oral agreement.
- Professional Malpractice: accountants, architects, engineers, doctors and lawyers all face the risk of malpractice claims that can jeopardize business, reputation and finances.
- Securities and Antitrust: claims involving securities and investments, claims arising under federal law–for example, Rule 10b-5, the 1933 Act, the 1934 Act–or state securities laws.
- Shareholder and Corporate Governance: shareholder inspection rights, duties of directors and officers, conflicts of interest, derivative actions, business judgment rule defenses, change of control provisions, dissent and appraisal proceedings, involuntary and judicial dissolution, minority shareholder rights and claims, and valuation of closely held corporations.
- Telecommunications: technical and industry-specific issues, including issues arising out of the Telecommunications Act of 1996.
Back to Business LitigationWhat do Business Law Attorneys do? Business law encompasses rules, statutes, codes and regulations that are established which govern commercial relationships and provide a legal framework within which business law attorneys may help you conduct and manage your business. Business law attorneys help you with every aspect of highly diverse business law including areas such as banking and finance law, business formation and organization, business negotiations, business planning, transactional business law, acquisition, merger, divestiture and sale of businesses, and business litigation, as well as environmental, intellectual property, labor and civil law areas. Back to Business LitigationWhat are some of the most common types of business organizations? The most common types of business organizations include:
- Sole Proprietorship – you are the only owner of the business.
- Partnership – which can take the form of a regular partnership, a general partnership, limited partnership or limited liability partnership.
- Corporation – the default form of a corporation is a C Corporation (also known as Subchapter C Corporation). Smaller corporations typically file for the S Corporation (Subchapter S) tax election so they are not double taxed.
- Limited Liability Company (LLC) – a hybrid formation that provides personal liability protection similar to a corporation, with the flexibility and tax advantages of a single proprietorship or partnership.
Back to Business LitigationWhat is a nonprofit corporation? A nonprofit corporation (whether incorporated or as an unincorporated association) is an organization in which no part of the income is distributable to its members, directors, or officers. The corporation is not prohibited from making a profit; the prohibition is the distribution of any profits to members, officers or directors of the organization. Nonprofit corporations are formed pursuant to state law. Nonprofit corporations must apply for exempt status, both at the federal and state level. Back to Business Litigation
What is a title? A title is the foundation of property ownership. It is evidence of the owner's right to possess and use the property. Back to Real EstateWhy is transferring the title to real estate different from transferring the title to other items, such as a car? The reason for the difference is that land itself is different from the other items. Land is permanent and can have many owners over the years. Various rights in land (such as mineral, air or utility rights) may have been acquired by others by the time you come into possession of it, even if the land has never before been built upon. In order to transfer a clear title to a piece of land, it is first necessary to determine whether any rights are outstanding. Back to Real EstateWhat is a title search? A title search is a detailed examination of the historical records concerning a property. These records include deeds, court records, property and name indexes and many other documents. The purpose of the search is to verify the seller's right to transfer ownership, and to discover any claims, defects and other rights or burdens on the property. Back to Real EstateWhat kinds of problems can a title search reveal? A title search can show a number of title defects and liens, as well as other encumbrances and restrictions. Among these are unpaid taxes, unsatisfied mortgages, judgments against the seller and restrictions limiting the use of the land. Back to Real EstateWhat is a lien? A lien is any legal claim on real property that acts as a security for the payment of a debt or other obligation. If the debt is not repaid as promised, the lender or the lien holder can foreclose its claim on the property and force a public sale to pay the debt. There are many types of liens, but the most common lien by far is a mortgage. Other types of liens are commonly encountered and part of the work of the real estate attorney is to check for outstanding liens at the time a real estate transaction closes. These include such things as judgment liens resulting from a court judgment against the owners, mechanic's liens resulting from recent improvements to the property, liens for unpaid taxes and liens for unpaid municipal utilities such as water and sewer. Often, if a seller is divorced, the divorce decree will provide the ex-spouse with a lien on the couple's property to be paid at the time of sale. Back to Real EstateWhat is title insurance? Title insurance is your policy of protection against loss if any of these problems – even a "hidden hazard" – results in a claim against your ownership. Back to Real EstateHow much could I lose if a claim is filed against my property? That depends on the claim. In an extreme case, you could lose your entire home and property – and still be liable to pay off the balance of your mortgage. Most claims aren't that dramatic, but even the smallest claim can cost you time, money and aggravation, and you may have to pay costs for a legal defense. Back to Real EstateWhat is Eminent Domain? Eminent Domain is a legal proceeding under which the government can seize a piece of privately owned real estate, even if the owner objects to the seizure, so that the land can be used for some public purpose. Traditionally, eminent domain has been invoked when the government needs the land in order to complete some public project such as a road or a bridge. A recent decision by the United States Supreme Court held that eminent domain proceedings were appropriate even in a case where the government's intention in seizing the land is to sell it to some third party in order to complete a private development project seen as beneficial to the public interest. In exercising its authority under eminent domain, the government is required to pay the owner the fair market value of the property. The land seizure itself is rarely the subject of eminent domain litigation. Most eminent domain lawsuits involve a dispute over the price the government wants to pay for the land. Back to Real EstateWhat is inverse condemnation? Inverse condemnation in similar in some ways to eminent domain. The difference is that in eminent domain proceedings the government wants to force the landowner to sell his property, while in inverse condemnation proceedings the land owner wants to force the government to buy it. The theory of inverse condemnation is that government action has destroyed or substantially reduced the value of the property. Typically, inverse condemnation will involve, for example, situations in which the government passes zoning or other regulations which make it difficult if not impossible for the land owner to continue using the land for its then existing use. In essence, inverse condemnation urges the court that since the government action has destroyed the value of the property to the owner, the government should have to buy it for fair market value. Back to Real Estate
Wills and Probate
What is Probate? Probate is a process whereby the Court supervises the transfer of assets from the deceased person to his or her heirs and requires the filing of particularized and complicated legal forms. The Philadelphia, Pennsylvania probate attorneys of Brooks, Bradley & Doyle have particular expertise and experience in the area of probate and estate administration. They can promptly respond to your questions and inquiries and assist you with the probate and estate administration process in a professional, courteous and timely manner. If an Estate Tax Return is required, these exemplary attorneys have the expertise and ability to promptly take care of this important tax requirement and can also assist with the following types of probate matters:
- Petition for probate of estate
- Estate tax preparation
- Will and trust contests
- Estate and trust administrations
Back to Wills and ProbateHow is a Will probated? The following is a simplified outline of the general probate process:
- The original Will is deposited with the Court.
- The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives.
- The Personal Representative files a Petition for Probate of the Estate.
- There follows a statutory period (usually about four months from the date of the Petition for Probate filing) creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc.
During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc. during this time. When the four-month claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative then files a petition with the probate court to allow a distribution of all remaining assets to the beneficiaries/heirs, and files a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, and the proposed plan for distribution. If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists. The probate process can sometimes be completed in approximately six months, but it normally takes longer. Reasons for delays can include Will contests, property cannot be sold, claimants not being notified in the original four-month claim period, etc. Back to Wills and ProbateAre there different types of Wills? There are many types of Wills:
- A Double Will is one in which two people join together; leaving their individually-owned property and estate(s) to the other. This type of Will is also called a Counter Will, Joint and Mutual Will, or Reciprocal Will.
- Holographic Wills are entirely handwritten, dated and signed by the testator.
- A Living Will, Medical Directive or Health Care Directive is one that authorizes the continuance or cessation of life-sustaining medical treatments from an individual who is incapable of making that decision due to debilitating circumstances.
The Philadelphia, Pennsylvania estate planning lawyers of Brooks, Bradley & Doyle can help you or a loved one decide which type of Will is most suitable. Back to Wills and ProbateWho should make a Will? Every adult person should consider making a Will. Each year a large number of people die without Wills, leaving major decisions in the hands of the Commonwealth of Pennsylvania. Wills are especially important for parents of children who are under eighteen, as arrangements for the children's financial support and/or appointed guardian can be determined. Without a Will, any property distributed to minor children could be subject to an expensive court-appointed guardianship, which could greatly affect inheritance. And in some states, if you were married and childless, your parents could split your property with your spouse if not alternatively predetermined in a Will. Back to Wills and ProbateHow does a Trust work? Trusts are the process by which the grantor transfers legal ownership to a person or institution (called the trustee) to manage the property for the benefit of another person (called the beneficiary). Trusts create a fiduciary relationship between the trustee and the beneficiary. The trustee must act solely in the best interests of the beneficiary when dealing with the trust property. If a trustee does not live up to this duty, the trustee is legally accountable to the beneficiary for any damage to his or her interests. The grantor may act as the trustee himself or herself, and retain ownership instead of transferring the property. A grantor may also name themselves as one of the beneficiaries of the trust. Back to Wills and ProbateWhat are Estate (Death) Taxes? Estate tax may apply to your taxable estate at your death. Your taxable estate is your gross estate less allowable deductions. Your gross estate includes the value of all property in which you had an interest at the time of death. Your gross estate also will include the following.
- Life insurance proceeds payable to your estate or, if you owned the policy, to your heirs
- The value of certain annuities payable to your estate or your heirs
- The value of certain property you transferred within 3 years before your death
- Trusts or other interests established by you or others in which you have certain powers
The allowable deductions used in determining your taxable estate include:
- Funeral expenses paid out of your estate
- Debts you owed at the time of death
- The marital deduction; generally, the value of the property that passes from your estate to your surviving spouse
If you or a loved one needs business or real estate litigation advice, require the services of an experienced estate planning attorney, or have questions and want legal counsel on any of the information provided within, please contact the Philadelphia, Pennsylvania litigation attorneys of Brooks, Bradley & Doyle today, at (610) 565-4800, or use the contact form provided on this site to schedule your free consultation with an experienced and trusted Philadelphia civil litigation lawyer. Back to Top
Tie-Ups with National & International Universities and Institutions
International Tie UpsCharted Institute of Management Accountants, UK
MoU for joint undergraduate program BBM (Professional)
Northampton University, UK
MoU for General Cooperation including Student Transfer
Computer Science/Engineering Undergraduate Degree Program
University of Hertfordshire, UK
Agreement for Student Transfer
Mechanical, Electrical & Electronics Engineering Undergraduate Degree Program
University of Bedfordshire, UK
Agreement for Student Transfer
Electronics & Computer Sciences Engineering Undergraduate Degree Program and for Postgraduate Program in Electronics Engineering
Association of Business Executives, UK
Progression Rout Agreement
Business Management & Hotel Management
Alliant International University, USA
MoU for One Semester Study Abroad Program
Undergraduate & Postgraduate Programs in Business Management
Jonkoping International Business School, Sweden
MoU for Student Exchange
Postgraduate Programs in Business Management
Universiti Teknologi MARA, Malaysia
MoU for Research Collaboration, Student/Faculty Exchange
Engineering, Computer Science, Pharmacy & Dental Sciences
FTMS Global Academy, Singapore
MoU for One Semester Study Abroad
Undergraduate & Postgraduate Programs in Business Management & Hotel Management
Sol Bridge International Business School, Woosong University, South Korea
MoU for general cooperation and Student Exchange with Scholarship
Undergraduate & Postgraduate Programs in Business Management
University of South Alabama, USA
Student Transfer with Credits in Undergraduate Engineering Program Course mapping in progress
Marist College, USA
MoU for Student Transfer with Credits to Undergraduate & Five Year Integrated Programs in Computer Science and Joint Postgraduate Program in Computer Science
Barnsley College, UK
Student Transfer with Credits in Undergraduate Program & Joint Sports Activities.
Regenesys Business School, South Africa
MoU for General Cooperation including Student Exchange and joint research activities.
Tie-Ups with Research InstitutesCSIR-Indian Institute of Toxicology Research
MoU for Research Collaborations
CSIR - Central Drugs Research Institute
MoU for Research Collaborations
Vinculum is a software company providing multi channel fulfillment software products and niche domain services for e-Commerce and brick n mortar retailers. Their SaaS (Software as a Service) product suite and their team providing Retail and Supply Chain domain based IT services work 24*7 to ensure the success of their customers globally. Vinculum has developed a CENTRE OF EXCELLENCE (CoE) in BBD to provide students live projects on cutting edge technologies.
Mahindra and Mahindra
Automotive segment giant Mahindra has made BBD campus a hub for all its student centric activities of UP region. They are also a regular employer of our students.
Tata Consultancy Services
Strong tie ups with TCS for placement as well as FDPs and students activities. We are also the biggest testing partner of SMB arm of TCS.
Aspiring Minds is the official testing partner of BBDU. All the companies associated with AMCAT prefer BBD as their placement process venue.
Talent Grids is the brainchild of a very dynamic and enterprising team from IIT Kanpur and IIM Calcutta. Talent Grids is the most unique model aimed at bridging the Talent Demand Supply Gap. It is the most revolutionary Value Added Model for Colleges, Students and Recruiters! With a tremendous focus on technology, the initiative aims at Reinventing Fresher Hiring and finally ‘Spreading Happiness in the Talent Grids'. BBD is the hub of all the activities of Lucknow region. For the same they have provided CoE to BBD.
Reliance money infrastructure limited is one of the training partner of BBD. They are also a regular employer of our students.
Orane Labs is an IIT alumnus technological venture backed by young and enthusiastic team in the field of industrial automation and ubiquitous computing. They have a product line in RFID, WSN, embedded systems and customized IT solutions for industry. They are official training partner and consultant for lab development.
Future Sharp Skills Limited
Future Sharp Skills Limited (FSSL) is a joint Initiative between Future Group and National Skill Development Corporation (NSDC). It has been formed with the sole objective of skilling 70 Lakh Indians by 2020 and creating a steady career path for them, in 19 different trades. They have selected BBD as their training and assessment venue.
IBM conducts regular FDPs and seminar for students and faculties of BBD. They have also provided support to develop a high end software engineering lab.