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David Toback, Attorney at Law
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Recent Blog Posts


Does Pop Culture or Fan Art Infringe on Intellectual Property?

By David Toback |

Pop culture is seemingly everywhere. Anybody with an artistic vision will sell you clothing, mugs, figurines, lampshades—almost anything you can think of with your favorite pop culture characters on it, whether those characters come from movies, TV, video games, or comic books. But in a world where intellectual property is so closely guarded and… Read More »


Taxation and the Constitution

By David Toback |

We often think of constitutional law as being an area that mostly affects criminal defendants or those seeking to speak out. Rights to counsel and to due process, and rights to assemble and speak for or against political candidates or positions are often where the media mostly reports constitutional matters. You may not think… Read More »


Doctors Face Unique Legal Issue With Health Care Directive Tattoo

By David Toback |

In the world of estate planning and long term care, there are a number of ways to make sure that your affairs are handled. When we talk about “affairs,” we are not just talking about finances and assets, but also your medical care in the event that someone else needs to make medical decisions… Read More »


Routine Destruction of Business Records Could Lead to Trouble

By David Toback |

Every day your business likely destroys records. It may be as simple as throwing out old paperwork, deleting old emails, or filming over of surveillance video camera footage. Certainly, clearing space to make way for new things is necessary; not everything can be saved forever. Spoliation Problems Many business owners aren’t aware that the… Read More »


The Marchman Act, Addiction, and Estate Planning Issues That Come From Them

By David Toback |

You may be aware that courts can appoint guardians for people who are infirm or unable to take care of their daily needs due to physical or mental illness. But guardianship is not the only time when a civil court (that is, a court that isn’t dealing with a criminal infraction) can take rights… Read More »


Business Startup Costs Can Provide Good Tax Benefits

By David Toback |

So you’re starting your own business, and you have some significant startup costs. And while you’re worried about making that money back, you are at least comforted with the idea that you’ll get a break on your taxes given all the money you’ve spent on your startup. In fact that’s only partially true. The… Read More »


Gift Tax Exemption Can Be a Great Asset and Tax Protection Vehicle

By David Toback |

Do you have money or property that you don’t want to be taxed on? Maybe taxes aren’t the issue, you just genuinely want to do something nice for a friend or family member. How about using a good old fashioned gift? After all, giving away your property saves you from paying income taxes on… Read More »


Don’t Overlook These Estate Planning Details

By David Toback |

If you have carefully drafted an estate plan, which leaves your assets to the individuals that you want it to, sets up a few trusts and asset protection vehicles, and accounts for medical directives and powers of attorney in case you are unable to tend to your affairs, congratulations are in order. You have… Read More »


ABLE Act is Relief for Families With Disabled Children

By David Toback |

Many families who raise and care for disabled or special needs children face a difficult and sad dilemma. On the one hand, the medical costs for treatment can be exorbitant, especially considering that the needs may last throughout the child’s lifetime, and may include expenses that are life modifications that go beyond just medical… Read More »


Lawsuit Challenges Legality of Online Property Value Website

By David Toback |

The value of your home means a lot. Whether you are trying to sell it, use it to show assets, use it to take out an equity line of credit, or to demonstrate net worth, you generally want the value of your home to be as high as possible. Who Values Property? Property is… Read More »

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