Understanding the New Section 409A Plan Document Correction Program

The “document correction program,” as the IRS refers to it in Notice 2010-6, is intended to motivate taxpayers to review nonqualified deferred compensation plans in order to identify and correct any provisions that fail to comply with Section 409A. This white paper by Manager Jeffrey A. Martin and Partner G. Edgar Adkins, Jr., in our Washington National Tax Office explores the various provisions of the correction program, including eligibility requirements, written document failures that can be corrected, actions and reporting requirements that apply to all document failures corrected under the program, and special amendment period and transition relief

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How to live “Green” Within Your Financial Means from the Creator of Dilbert

August 24th, 2010
Clean Tech/Green Energy

While trying to build a green home, Scott Adams, creator of Dilbert, ran into practical roadblocks.  Mr. Adams wanted the “greenest house on the block,” but he didn’t want to build it out of “twigs, pinecones and bird nests.”  As he writes in the Wall Street Journal, he ultimately came up with a more pragmatic definition of “green”.  His solution proposes that we live the life we want “with as much Earth-wise efficiency” as our wallets and our busy schedules allow. Read Article.

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U.S. South: Rising Cleantech Industry Powerhouse

Editor: Greg Chafee

This is an encouraging article that accurately identifies positive trends in the development of cleantech in the Southeast.  Here’s another example: with growing demand for solar energy in the Georgia Power Green Energy Program, the Public Service Commission has increased the amount of solar capacity available for purchase by the utility from only 500kw a year ago to over 5MW.  This will provide more business opportunities for manufacturers and installers and contribute to job creation and economic growth.  Another catalyst for cleantech is the important role of Georgia Tech, Clemson and other higher education institutions in promoting green start-up ventures and supporting advancements in renewable energy research. Read More

Yates Perspectives – Vol. II

August 20th, 2010
MMM Tech Perspectives

The “Series A” Dilemma

The line is growing of entrepreneurial companies seeking Series A funding in the range of $1-2 million.  In the course of my three decades of representing tech companies, I can’t remember so many entrepreneurs looking for Series A money at the same time.

This is a good news/bad news story.  The good news is there are dozens of entrepreneurs starting companies and bootstrapping them with their own money and cash from friends and family.  A significant number of these new entrepreneurs are first-timers — and many of them are bouncing back from a recent lay-off or consulting role. 


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Flash “Zombie Cookies” Litigation

August 20th, 2010
Practical Pointer:  Web developers should be careful about adopting web intelligence gathering techniques that put information onto users computers.  A recent class action lawsuit in California relating to ADOBE FLASH “zombie cookies” highlights the risk of intelligence gathering using certain techniques.  A number of companies including Hulu, MySpace, MTV, ESPN, ABC, NBC and Scribd were sued for allegedly using zombie cookies.  Briefly, zombie cookies are data called “Local Shared Objects” (LSO’s) stored on a user’s computer by ADOBE Flash.  Some programmers have used this memory space to store a backup of cookies generated during a web browsing session.  If the user deletes their cookies, the

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Morris, Manning & Martin, LLP Launches MMM Tech Law & Business Report

August 19th, 2010
MMM Tech Perspectives


Morris, Manning & Martin, LLP Launches

MMM Tech Law & Business Report

 A Site for Tech Entrepreneurs


Atlanta, GA (August 18, 2010)Morris, Manning & Martin, LLP, one of Atlanta’s leading law firms and a national leader in representing technology companies, is pleased to announce the launch of the MMM Tech Law & Business Report  (www.www.mmmtechlaw.com).  The mission of the Firm’s technology-focused Report is to provide timely and relevant information to entrepreneurs, investors and strategic partners covering business, legal, financial, accounting, tax, technology and related topics.

“We’re providing our clients and the technology community a single portal delivering a broad

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