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Will Pandemic Lessons Learned Accelerate SEC Investigations?

| June 11, 2021 | Articles

Accelerated enforcement actions and new rapid response techniques at the SEC are likely to be with us for the long-haul. By Paul Vorndran Despite mandatory telework and asset reallocations, 2020 was a record year for whistleblowers and financial remedy orders at the Securities and Exchange Commission, according to the Division of Enforcement 2020 Annual Report… Read more »

A Rookie Mistake and Cooperation in the Courtroom

| June 04, 2021 | Articles

A rookie mistake sheds light on how cooperation among opposing counsel can lead to better client outcomes, and tips on how to get there. By Nicole Westbrook for the National Institute for Trial Advocacy Ed Lyons, a commercial litigator at Jones & Keller, has more than four decades of courtroom experience trying tough cases in… Read more »

Estate Administrator: Who Best to Unwind Asset Trails

| June 01, 2021 | Articles

One of the toughest decisions in estate planning is selecting an estate administrator because once appointed, they are difficult to remove. Think hard through these considerations before selecting the individual or team who will settle your estate. By Dylan Metzner There is no treasure map in settling an estate where a simple X identifies the… Read more »

Is a will or trust right for business succession?

| May 10, 2021 | Articles

Both a will and a trust work to transfer a business owner’s interest to beneficiaries. Which works best and why? By Dylan Metzner. Wills and trusts are legal documents that provide for a smooth transfer of assets. When and how they accomplish this mission differs based on the intended outcome and whether the ownership transfer… Read more »

Will SPAC History Repeat Itself? SEC Takes Aim at SPACS

| April 21, 2021 | Articles

SEC requirements on SPACs are ramping up. The last time they did so, blank-check companies languished. How will greater scrutiny this time round impact the momentum of SPACs in play and in the planning stages? By Brad H. Hamilton, April 21, 2021 The surge in today’s market darling special-purpose acquisition companies (SPACs) has the SEC… Read more »

Workplace Transitions: Managing a Stressed-out Workplace

| April 13, 2021 | Articles

Common signs of “distress” are present in the workplace, requiring a nuanced and sophisticated response from employers for both the wellbeing of employees and the company. By Larry Lee The negative effects of the COVID-19 pandemic on the collective mental health of the U.S. workforce are likely to linger for months and perhaps years to… Read more »

8 Legal Strategies for Foreign-owned U.S. Companies

| April 08, 2021 | Articles

Tips for foreign-owned U.S. companies to reduce legal costs and risks as recovery takes shape. By Steve Suneson All companies large and small, domestic and international, have been affected by the international Covid-19 pandemic. The pandemic has caused extensive disruption to international travel and commerce, led to delinquencies in rental payments and other debt obligations,… Read more »

Why do so many companies incorporate in Delaware?

| April 07, 2021 | Articles

Almost 65% of Fortune 500 companies are domiciled in Delaware. Almost 90% of of the companies that did an IPO in 2019 were Delaware entities. Why is this tiny state on the East Coast the preferred jurisdiction of formation for so many corporations? Delaware is half the size of most counties in Colorado but it’s… Read more »

Update on Colorado Courts: Getting Back to Work

| February 05, 2021 | Articles

Jury trial dates in courts across Colorado are moving targets in 2021, with each district acting independently on when and where to get back to work. By Paul Vorndran. Governor Polis moved the state of Colorado from Level Red to Level Orange on the COVID-19 dial on January 4, 2021. As people began to move… Read more »

SEC Proposed Finder Rule Clarifies Little

| January 29, 2021 | Articles

The SEC’s proposed order has implications for all sellers. While meant to open private capital markets and expand finder activities, the unintended consequence may be the blurring of the lines between finders and sellers, subjecting unwitting investment advisers and insurance producers to claims for unlicensed securities sales. By Paul Vorndran.  Issued October 7, 2020, the… Read more »