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 »
By Brad Hamilton and Marika Rietsema Ball On January 1, 2021 the United States Senate voted to override the Executive veto of the National Defense Authorization Act for Fiscal Year 2021, which was previously overridden by the U.S. House of Representatives, thereby passing into law the anti-money laundering reforms in that act, including the Corporate… Read more »
By Nicole Westbrook for NITA. Hefty trial loads — and potentially, the weighting of cases — may be on the court case docket in Colorado, 2021. The justice system is weighted down by a backlog that grows larger by the day. Even while the courts struggled to ease their doors open this fall, the recent… Read more »
By Brad H. Hamilton and Marika Rietsema Ball. On November 2, 2020 the Securities and Exchange Commission (the “SEC”) made several helpful changes to its securities private placement and “Reg A” regulatory scheme that will assist start-ups, and small and growing businesses in offering securities and raising money from investors. The SEC also made practical… Read more »
By Dave Thayer, originally featured in Wealth Management. The generational transition of a family-owned business is rarely a clean and simple process, and not all businesses succeed. Learn about how to increase the odds by addressing key factors for family business survival. The generational transition of a family-owned business is rarely a clean and simple… Read more »
By Reid Godbolt. On October 7, 2020, the Securities and Exchange Commission voted to propose a new limited, conditional exemption from broker registration requirements for “finders” who assist small business issuers in private offerings to “accredited investors.” In seeking to ensure that the “finder” concept will be within the small capital raising context, the proposed… Read more »
No company wants an on-site investigation or a citation from the federal government. Before either occurs, the employer will have an opportunity to respond to a complaint. Take preventative action now and know how to respond to a notice. By Larry Lee The Occupational Safety and Health Administration (OSHA) is on high alert and aggressively… Read more »
Force Majeure, impossibility, impracticality, frustration of purpose, and other contract hot button issues, as presented by Brad Hamilton for the CBA Business Law Institute. By Brad Hamilton 1. FORCE MAJEURE force majeure (fors ma-zhər) [Law French “a superior force”] (1883) An event or effect that can be neither anticipated nor controlled; esp., an unexpected event… Read more »
Going out on your own? Get started on a strong legal footing, by Dave Thayer, as featured in ColoradoBiz.