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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 »

SEC Commissioners divided over “new category” for finders

| January 25, 2021 | Articles

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 »

When “fiduciary” leads to disputes

| January 22, 2021 | Articles

  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 »