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 »
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 »
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 »
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 »
To most, the GameStop frenzy reeks of market manipulation of some sort and investors are calling for justice. We’ve seen this before. By Nicole Westbrook. Four weeks ago, GameStop’s stock (GME) was trading around $18 per share. Four trading days later, the price doubled. This week it doubled two more times and by Wednesday’s close,… Read more »
Estate plans can be changed after an individual starts showing signs of diminished capacity. Set some guardrails to minimize the risk of family disputes. By Dylan Metzner. People are greedy. It’s human nature. Not all people are driven by greed but when the rewards of wealth are on the line, greed can have a way… Read more »
Transactions are inherently risky, giving rise to contentious negotiations over representations and warranties and related indemnification provisions. The rise of R&W insurance is smoothing the way to faster and less contentious closings. By Dave Thayer. Buyers and sellers come to the transaction table wanting the best price at the lowest risk, and ready to do… Read more »
Where does this leave businesses in need of capital? By Dave Thayer. The trouble with finders continues and much of it is self-imposed by the Securities and Exchange Commission (SEC), which has proposed exemptive relief for unregistered finders.[1] The proposed rule, released on Oct. 7 , 2020, would provide a new limited, conditional exemption from… Read more »
The gray area, where “suitable” activities cross over to activities that are fiduciary in nature, is when disputes that drive consequential outcomes happen. By Paul Vorndran There is not always a bright-line test for determining when an individual’s activities cross the line from insurance producer to investment adviser, or when suitability crosses over to… Read more »
2021 may be the year the IRS dramatically increases partnership tax audits. By Brad H. Hamilton. On September 1, 2020, as a first step in its stated intention to increase Partnership audits in 2021, the Internal Revenue Service added a new section, BBA Centralized Partnership Audit Regime, on its website at IRS.GOV. BACKGROUND Before January… Read more »