Category: Client Update

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Protection From Panic Starts With These Proactive Banking Strategies

The fast and furious developments related to Silicon Valley Bank (“SVB”), Signature Bank, and others had depositors, employees, landlords, lawyers, accountants, and fiduciaries from nearly every sector scrambling for solutions to very real and challenging liquidity problems for their businesses and clients. Fortunately, after stepping in as receiver last Friday, the Federal Deposit Insurance Corporation…
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Born in the USA? Product Origin Claims Nothing to Mess With

The interconnectedness of the global economy has resulted in consumers being faced with a wide selection of substitute products from many different countries. A ”Made in the United States” claim could be, and often is, a difference maker in the eyes of the consumer. This could be attributed to a patriotic trust factor in the…
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How Earnout Provisions Can Supply Great Value for Buyers, Sellers

Earnout provisions can be an effective tool for addressing the potential disconnect between a seller’s expectations and a buyer’s ability to pay when negotiating a business combination transaction. Earnout provisions, or contingent purchase price agreements, allow buyers to limit their upfront payment and spread the purchase price over time. From the seller’s perspective, earnouts can…
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Outside the Playground: California’s Child Privacy Act Sets Rules for Child’s Play

In his State of the Union address on February 7, 2023, President Biden affirmed his position on consumer data privacy protections and specifically his focus on strengthening protections for children. With several state data privacy acts now effective (and more scheduled later this year), compliance with the complex mesh of data privacy laws in the…
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AIA Contracts Are Especially Best Measured Twice and Cut Once

In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down the road. An effective construction contract will provide performance, timing standards and set forth effective remedies and risk allocation should issues arise.…
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Are Attorney Opinion Letters a Viable Title Insurance Alternative?

Title insurance is a popular form of protection for residential and commercial real estate buyers and their lenders against title-related issues that may arise after closing. It provides peace of mind for all parties involved, as it insures against a range of potential problems such as liens, easements, unrecorded deeds and other title defects. However,…
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A miniature white house with a gray roof and red trim sits on top of several 100-dollar bills, which are laid on top of several densely-worded documents

Fractional Ownership: Education is Key to Enjoying its Value

Fractionalized ownership is a method of owning and investing in real estate for those without deep pockets or the financial support of an institutional lender. Although it is an ownership structure that has been around for a long time, it has recently gained popularity and garnered attention because such owners obtain actual ownership rights in…
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Roses and flowers in front of a black computer keyboard on a black background

See You on the Other Side: Planning Your Digital Legacy

What happens to social media accounts when an individual dies? As social media is a growing source of revenue for individuals, from influencers to public figures, and the dominant means of how people document their lives, it is critical that people understand their rights and obligations regarding their digital legacy. For example, actor Chadwick Boseman…
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A blue book with "EMPLOYEE HANDBOOK" on the front cover lies on top of a messy stack of papers on a wood surface

Going by the Handbook Can Be Employer’s Best Defense

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and most importantly enforcing an employee handbook is a simple and efficient way to communicate company policy and expectations to your employees…
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a blue-tinted corridor of computers/data storage devices, with green lights in the air representing traveling pieces of data

The Litigation of Metadata: Your Devices Are Watching You

By using our smartphones, tablets, and computers, we create and exchange a vast amount of electronic data every day, but what some may not know is that there is a whole other world of information hidden beneath the surface — “metadata.”  In this article, we look into the hidden world of metadata and provide some…
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