Blogs

Business and Financial Services

Families First Coronavirus Response Act

Early on Saturday (March 14, 2020) morning, the U.S. House of Representatives passed legislation it dubbed the Families First Coronavirus Response Act (the “Act”), designed to provide significant relief to a wide swath of workers across the country, in response to the COVID-19 public health emergency. Of particular note, the Act would provide the vast majority of U.S. workers with up to twelve weeks of FMLA leave (the “FMLA Expansion Act”) and as much as two weeks of paid sick leave (the “Paid…

March 16, 2020

Business and Financial Services

Ownership Interests in an LLC – The Options are Endless!

Limited liability companies are entities chartered by the states, that are governed by a contract – typically called an Operating Agreement – among the owners. As a result, the members or owners of the LLC have great flexibility in creating the entity exactly like they want (purple unicorns!), but this can also result in important…

October 29, 2019

Business and Financial Services

Do You Really Need a Letter of Intent?

Letter of Intent, Term Sheet, Indication of Interest, and LOI – what do these all mean? These are actually different terms for fundamentally the same thing: a document that describes the terms of a future transaction. Each has a different style and has specific terms about the proposed transaction, and each can be helpful to…

September 18, 2019

Business and Financial Services

Deadlock Provisions in Agreements – Say No to the Rochambeau Method

For LLCs or Corporations with a small number of members or shareholders, and with relatively equal ownership and management, a provision to deal with a deadlock is critical. This type of provision is typically located in the LLC Operating Agreement or a Shareholder Agreement, but could be a separate agreement among the Members or Shareholders. Without this provision, or a way to break a deadlock or tie, the parties could be trapped into the entity, without a way to conduct business. Deadlocks…

September 17, 2019

Business and Financial Services

A Beginner’s Guide to Equity – Part Three: What Equity Will Not Do

Raighne Delaney concludes his series on Equity. In part three, he shares insights into what equity will not do.

August 5, 2019

Business and Financial Services

A Beginner’s Guide to Equity – Part Two: What Equity Can Do

Raighne Delaney continues his series on Equity. In part two, he shares insights into the substance of equity – what equity can do.

July 26, 2019

Business and Financial Services

A Beginner’s Guide to Equity – Part One: Procedure

Raighne Delaney shares his insights into “What is Equity” – it’s history, procedure within the law, and who it applies to.

July 18, 2019

Business and Financial Services

Timing IS Everything When Investing in Qualified Opportunity Funds

We have now received our second round of regulations interpreting Section 1400z-2, also known as the investment in Opportunity Zones section of the Internal Revenue Code. In our previous posts, we have provided background and tracked important developments with the program. Now and in future posts, we will highlight finer points that stakeholders should be…

June 10, 2019

Business and Financial Services

Should I Franchise My Business?

Franchises have become part of our everyday experience. We eat at franchise restaurants, shop at franchise clothing and home goods stores and sleep at franchise hotels. Franchising as a business concept developed and became popular in fast food and retail sales businesses. But over the last 20 years franchising has expanded to businesses offering all types of goods and services, such as senior care, sports, fitness and education, to name just a few. Professional services businesses, such as…

January 28, 2019

Business and Financial Services

Win for Online Speech Sustained: U.S. Supreme Court Declines to Hear Hassell v. Yelp

Back in July, we provided our five takeaways from the California Supreme Court’s decision in Hassell v. Bird that Section 230 of the Communications Decency Act of 1996 (“Section 230”), which confers defamation immunity upon internet sites that “publish” content of another, protected Yelp from a take-down order directing it to remove defamatory content. After…

January 23, 2019