Posted On: March 31, 2011

Bank of America Sued by Shareholders

foreclosure-trouble.jpgA contingent of Bank of America shareholders filed suit against the bank on Monday over its foreclosure paperwork practices. The complaint alleges the bank did not properly record mortgage documents as the bank either originated or acquired them. This failure to properly record created unreasonable complications when foreclosure actions became necessary.

The suit also states that the bank's mortgage documentation problems, insufficient staffing levels, and evidence that its employees failed to properly review loan documents before approving foreclosures contributed to the bank's decision to freeze foreclosures in October. Therefore, the bank's top management stand accused of breaching fiduciary duties, corporate mismanagement, and wasting corporate assets.

To read more, visit Shareholders sue BofA over foreclosure practices.

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Posted On: March 28, 2011

Jacksonville Chosen as Tech Company's New US Headquarters

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Saft America Inc., the domestic arm of the French high-tech battery manufacturer, will be relocating its headquarters from its current North Carolina location to Jacksonville. The jobs associated with this most recent announcement will add to the more than 300 jobs already expected once the new $200 million Jacksonville plant opens in July.
Cornerstone Regional Development Partnership's Jerry Mallot stated that locating Saft's headquarters in Jacksonville will give the city "a better shot of gaining new investment opportunities as the company expands."
The Westside plant is said to be the company's most expensive and advanced facility, focusing on production of lithium-ion batteries for solar and wind power storage. Saft was awarded over $90 million in federal stimulus funding, which facilitated the construction of the Jacksonville plant.

You Can Read More by Visiting Saft Picks Jacksonville for Headquarters.

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Posted On: March 27, 2011

Wachovia Set to Convert Name to Wells Fargo

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Wells Fargo acquired Wachovia back in 2008 during the peak of the financial meltdown. Since that time, consumers and analysts alike have wondered when Wachovia would actually transition and take on Wells Fargo's name.
All of Wachovia's signage and systems for North and Central Florida, as well as Greater Tampa, are set to change over to the Wells Fargo brand by the end of June. The rest of Florida is set to complete its conversion by the end of July.
Following the merger, Wells Fargo became one of the largest banks in the world, and the third largest in Florida. It also operates over 9,000 commercial branches and 12,000 ATM's nationwide.

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Posted On: March 26, 2011

Avoid Slip and Fall Accidents at Your Business

Step%20on%20Banana%20Peel.jpg In order to avoid slip and fall accidents at your business, it is important to take steps to reduce your risk of liability. Keeping floors dry, clean, and free of obstructions is also important. Someone should be tasked with monitoring the cleanliness of floor space throughout the office. If items are left on the floor for a long period of time or the floor is wet, you are putting yourself at risk for accidents.
Stairs can also pose a risk of liability. They can be damaged over time, and the edges may become either sharp or rounded and cause harm to someone.
If you become aware of a dangerous condition on the premises, you have a duty to fix it. There is an increased risk of injury with all the moving parts, so be wary of elevators and escalators. Failing to watch these key areas to avoid slip and fall accidents may lead to a potential lawsuit. It is also advisable to check your liability insurance to ensure you have sufficient coverage.

To read more on this article, visit Top 3 Small Business Slip and Fall Accident Tips.

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Posted On: March 25, 2011

Firehouse is the 8th Fastest Growing Restaurant Chain

Firehouse%20Subs.jpg According to Technomic Inc.’s annual report on top U.S. restaurant chains, Firehouse Subs was the eighth fastest growing restaurant chain in the United States in 2010. Firehouse reported sales of $235 million in 2010, which was a 14% increase over the previous year. This is only the latest accolade for the Jacksonville-based submarine sandwich company, which has been experiencing an uphill projectory stimulated by franchise growth.

Technomic measured restaurant chains with $200 million or more in annual sales. The 500 largest chains grew by an average of 1.8%. The top 10 overall restaurant chains are Five Guys Burgers and Fries, Jimmy John’s Gourmet Sandwich Shop, Chipotle Mexican Grill, BJ’s Restaurant & Brewhouse, Yard House, Cheddar’s Casual Café, Buffalo Wild Wings Grill & Bar, Firehouse Subs, Noodles & Co., and Panda Express. All of the top ten restaurant chains have a percentage increase of 1.8% or higher.

To read more on this article, visit Firehouse 8th fastest growing chain.

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Posted On: March 24, 2011

AT&T Wishes to Acquire T-Mobile

at%26t-t%20mobile.jpg AT&T has announced its intent purchase T-Mobile for $39 billion. The purchase would create the largest wireless carrier in the U.S., with an estimated 130 million subscribers. T-Mobile's current parent company, Deutsche Telekom, released a statement explaining that the deal has been approved by both companies' Board of Directors. However, the deal must first be approved by the FTC and SEC. Some critics are skeptical that the deal will ultimately be approved, pointing to the current lack of choice in the U.S. cellular market. Others claim that the U.S. has one of the most competitive markets around, stating that in 18 out of the top 20 markets, consumers can choose between 5 or more providers.

To learn more about this article, visit AT&T buys T-Mobile USA for $39 Billion.

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Posted On: March 23, 2011

How Can I Avoid Common Consumer Scams?

Scams.jpg Always be on the lookout to protect yourself and your family against consumer scams. The following are some helpful tips to protect against common consumer scams.
You should always make sure that websites are secure before providing financial information over the internet. Web addresses that start with “https” and are secure and scramble inputted data as it is transmitted over the web.
Debt collection is the most frequent form of credit fraud. Consumers must know that debt collectors may not harass or abuse customers, nor supply misleading information. Make sure to have a written contract with defined restrictions and obligations for any service that you may have done.
Look out for mortgage rescue scams that offer to stop or delay foreclosure payments for a fee. The most important investment a person makes is the purchase of their home, and improvements to the home. It is smart to obtain estimates from multiple businesses and check with the Better Business Bureau before entering into a contract for improvements on your home. So before entering into a contract or purchasing items from a business that is unknown to you, it is always smart to research the company to ensure their legitimacy.

To learn more about this article, visit Tips To Avoid Common Consumer Scams.

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Posted On: March 22, 2011

Should I Personally Guarantee a Business Loan?

Small%20business%20growth.jpg Most people wouldn't think twice about signing a personal guarantee for their business. However, most financial advisers and business attorneys advise to only do so as a last resort. The reason being, you stand to lose a lot more than your business and any assets it may hold. You, as the guarantor, could lose personal assets such as your home.

Perhaps the most important factor to keep in mind is that the guarantee will only apply to you, not to your partners or managers. It means that you are pledging to make good on the loan. In some instances, you may be responsible for the loan even if your business is protected by limited liability laws. Therefore, when you sign a personal guarantee, you are acting as a cosigner on the loan. As such, creditors are legally entitled to come after you in the event the debtor, your business, defaults or misses a payment.

A lender may also seek to have your spouse sign the guarantee. This would put all marital assets at risk of seizure/liquidation by the creditor. However, most states allow for protection against such actions through various innocent spouse provisions.

Guaranteeing a loan for your business demonstrates a strong level of personal commitment to your business, which can provide the incentive to convince a bank to loan you the money. In some instances, however, you may not have a choice. The Small Business Administration (SBA) requires that any loan they provide must be personally guaranteed by every person with a 20 percent or larger ownership interest in the business.

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Posted On: March 20, 2011

What are the Top 3 Tips for Evaluating a Franchise?

Franchise.jpg When deciding on whether or not to invest in a franchise, it is important to make a thorough evaluation of the franchise. The top three things to consider when evaluating a franchise are hidden costs, markets and marketing, and finances. The main mistake most people make when evaluating a franchise is to not considering all the costs associated with starting the franchise. Also, most forget to figure in the startup lag that may be from a few months to a year. When sitting down to evaluate a franchise, make sure to pay attention to the business plan for marketing costs and the breakdown of competition. Also, do not forget to take a look at the franchisor’s financial history. While it is important to know the future finances, it is also important to know the growth patterns and evaluate how the franchisor makes its money.

As the old saying goes, “knowledge is power.” Make sure to take the time and thoroughly evaluate a franchise before making a big investment.

Another matter to consider when starting a business, such as purchasing a franchise, is how you should set up your ownership structure. To read more on this article, visit How to Choose the Right Ownership Structure.

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Posted On: March 19, 2011

Is Digital Theft Still on the Rise?

Gavel%20and%20cds.jpg A shocking 23.8 percent of all traffic on the internet around the world involves digital theft with BitTorrent responsible for 11.4 percent of that traffic. BitTorrent is a peer sharing protocol that is used to obtain a large amount of data over the Internet. It is one of the more popular protocols that distribute a great amount of data without loading down the computer. In the United States, more than 17 percent of internet traffic involves copyright infringement, with BitTorrent accounting for 9 percent. The price of internet piracy is ultimately passed to the consumer, who will have to bear slower internet speeds and higher costs.

With these high numbers, the Motion Picture Association of America, MPAA, calls on the government to crack down. The MPAA’s interim president, Bob Pisano, commented, saying “our society would not tolerate a situation where one quarter of all the traffic in and out of the bakeries, butcher shops and grocery stores involved stolen merchandise, and we cannot tolerate the vast explosion of digital theft on the Internet.” The problem will only worsen if nothing is one.

To learn more about this article, visit Piracy Rules the Web, Dominating 23.8% of Internet Traffic.

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Posted On: March 18, 2011

Can Filing Bankruptcy Help Save My Home?

New%20House.jpg The decision to declare bankruptcy should be a difficult decision to make, and never considered lightly. It is always a smart decision to consult an attorney before filing. You may even wish to work with lenders, creditors to devise a payment plan.

However, despite your efforts, you may still find yourself getting further behind on your mortgage payments and foreclosure may become inevitable. In the event a bank has initiated foreclosure proceedings against you, you may file a petition with the bankruptcy court which will place a hold on the foreclosure. With a Chapter 7, the school of thought for permitting such a stay is that you will be better able to make your mortgage payments if all of your unsecured debt is discharged. As a Chapter 13 plan typically runs from 3 to 5 years, you will be afforded the protection of the stay so long as you remain in the plan. Bankruptcy is not a sure-fire way to save your home. However, for some, it is a very valid and logical solution.

To learn more about this article, visit Filing for bankruptcy could save your home.

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Posted On: March 17, 2011

Stein Mart Posts Major 4th Quarter Profit

Stein-Mart-blog.jpg Stein Mart is a retail chain, headquartered in Jacksonville, Florida. The company recently posted a net income of almost $19 million for the fourth quarter, which ended on January 29, 2011. This is a significant jump in revenue given the company's fourth quarter net for last year totaled less than $3 million.

In 2009, the company began closing underpeforming stores, while in 2010 the retailer focused on opening stores in existing markets. Stein Mart's CEO, David Stovall, stated that they will focus on attracting new customers in 2011.

For more on this article, visit Stein Mart profit skyrockets for 4Q, 2010.

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Posted On: March 16, 2011

What is Chapter 11 Bankruptcy?

Gavel.jpg Chapter 11 Bankruptcy is the corporate equivalent of Chapter 13 financial reorganization. Pursuant to Chapter 11 procedure, the debtor must prepare and present a plan within 120 days of filing, and it must be approved by the bankruptcy court, trustee, and a committee of the business' top 20 creditors. The plan is prepared with the intention to pay the lenders and creditors a reduced amount over a 5 to 10 year period. If, at any point, the creditors or trustee feel that the business is not being run appropriately, they can petition the court to have a new fiduciary appointed to direct the day-to-day operations. On average, because Chapter 11 is a long and costly process, only about 10% of businesses survive and emerge from Chapter 11 successfully.

To learn more about this article, visit Bankruptcy court will decide today whether Blockbuster has a future.

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Posted On: March 10, 2011

Federal Bankruptcy Court to Determine Blockbuster's Fate

blockbuster%20blog.gif On Thursday, March 10, a federal judge will decide whether the embattled Blockbuster rental chain will be liquidated or stay in business.

The plan currently proposed by Blockbuster's attorneys has been met with skepticism and opposition by both the judge and the bankruptcy trustee, as well as many movie studios.

Under the current plan, Blockbuster could sell off the company for an estimated $290 million to senior bond holders. However, some studios would rather see the company liquidated, in the hopes that they would see more repayment for products already shipped to the company.

To learn more about this article, visit Bankruptcy court to decide whether Blockbuster has a future.

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Posted On: March 10, 2011

Can Facebook Compete with Netflix and Hulu?

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Today, Warner Brothers Digital Distribution announced that Facebook users will soon be able to stream "The Dark Knight" through the studio's Facebook page. Further, the studio announced its intent to make many other movies available through Facebook streaming over the coming months.

Viewers (i.e., Facebook members) will be able to view WB titles for a cost of $3, which will only be available for 48 hours. The $3 cost is apparently equal to 30 Facebook credits, sales from which Facebook takes a 30% cut.

This move could potentially put Facebook in direct competition with companies such as Hulu and Netflix. Despite Facebook's massive user base, Netflix seems well positioned to face any challenges. Last January, Netflix reported 63% annual growth, and claims to have 6% of the U.S. population as subscribers.

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Posted On: March 9, 2011

Subway Crowned New King of Fast Food Chains

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Started by Doctor's Associates, Inc. in 1966, Subway restaurants has officially surpassed McDonald's as the world's largest fast food chain. As of the end of 2010's fiscal year, McDonald's had 32,737 active locations, compared to Subway's 33,749 franchises.

To add a local perspective, Jacksonville is home to 35 McDonald's restaurants, while Subway operates 50 locations throughout the Jacksonville-Duval county area.

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Posted On: March 7, 2011

Florida Based Foreclosure Attorney Closing Shop

Foreclosure.jpg Attorney David J. Stern, also known as the "Foreclosure King", has announced that he will cease all Florida-based foreclosure work by the end of March. Stern's firm has come under great scrutiny over the last year as evidence of robo-signing has surfaced. The Florida Attorney General's Office began investigating Mr. Stern's firm following such allegations. As a result of the investigation, more evidence of fraud has emerged, forcing Stern to cease all foreclosure activity in Florida. Presently, the firm that filed over 70,000 foreclosures in 2010 has over 138,000 square feet of vacant office space and has laid off hundreds of employees. In addition, the firm has filed notices to withdraw from over 750 cases in St. Johns County alone.

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Posted On: March 4, 2011

Jacksonville's Times Grill Re-Opens with a New Name and New Business Model

Bubba%20Burgers.jpg Local eatery, The Times Grill, has been acquired by another local business.
Recently, Times Grill owner, Kelly Harris, made the difficult decision to close all of its Jacksonville locations. However, there is an upside, as those locations are being re-branded as Original Bubba Burgers Grills.

Jacksonville-based Bubba Burgers is known for producing frozen beef patties, typically sold in retail grocery stores. With its acquisition of the Times Grill, Bubba plans to re-open the restaurants under a new casual dining-fast food business model.

Under this new business model, there will be no waiters or waitresses. Instead, diners will select and customize their own hamburgers. If successful, Bubba Burgers hopes to expand the concept nationally, including airports, stadiums and college campuses.

To read more on this article, visit Times Grill to Re-Open.

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Posted On: March 1, 2011

The Penalties Associated with Trademark Infringement

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A Trademark is a symbol or sign which identifies a particular product, business, or other legal entity. Companies expend immense amounts of money and resources establishing these distinctive identifiable brands. Whether you are the first to use a logo, or the first to register said logo, you must obtain official registration with the U.S. Patent and Trademark Office in order to prevent others from using it.

In order to bring a successful action against someone for trademark infringement, you will need to show that another's use of the infringing mark meets certain criteria. When considering the facts, a judge will look at several factors. For instance, the effectiveness of the logo, proximity and similarity of the products, actual evidence of consumer confusion, and the intent of the offending party.

Most often, injunctive relief is granted to the aggrieved party. In some instances, monetary damages are awarded in order to cover actual damages, lost profits, and the cost of litigation. A court also has the authority to triple the award of damages (known as treble damages) if willful infringement can be proven.

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