The Securities and Exchange Commission (“SEC”) announced on February 9, 2022, proposed rules and amendments (“Proposed Rules”) under the Investment Advisers Act of 1940 that would impose significant new requirements and prohibitions on investment advisers to hedge funds, private equity funds and other Investment Company Act Section 3(c)(1) or 3(c)(7) private funds, as well as…
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As the United States slowly emerges from the Covid-19 Pandemic (“Pandemic”), many U.S. companies are re-evaluating their post-Pandemic employee and staffing needs. The results of such re-evaluations will directly impact how many square feet of commercial office space the respective companies will require to operate of their businesses. Specifically, due to the Pandemic’s impact and…
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The U.S. District Court for the Southern District of New York (the “District Court”) recently overturned the U.S. Bankruptcy Court for the Southern District of New York’s confirmation of drugmaker Purdue Pharma’s controversial Chapter 11 Bankruptcy Plan (the “Plan”). At issue was Purdue Pharma’s use of non-consensual releases of third parties in this case, a…
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The appointment of a trustee is one of the more important decisions that clients establishing trusts face because the trustee controls the client/creator’s trust assets. According to law, the trustee serves as the trust’s fiduciary, holding and investing the assets for the benefit of the trust beneficiaries. This means that the trustee has both a…
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Beach ownership can change with the tides, or in certain cases, with the Court. On November 12, 2021, in Deckelbaum et al. v. Carew, et al. 16MISC000014, the Massachusetts Land Court stayed its prior ruling that held a property owner’s land included the beach seaward of the home to the historic low-water tide mark.[1] The…
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On December 11, 2021, the Cybersecurity & Infrastructure Security Agency (“CISA”) released a statement regarding a cyber security vulnerability found in Java software libraries. The CISA categorized this “Log4j” or ‘Log4shell” vulnerability as a “severe risk” that could be “widely exploited” by actors with ill-intent.[1] While this vulnerability is a risk to business software generally,…
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According to industry leaders, COVID-19 related staffing shortages at medical facilities have turned into a full-blown crisis as hundreds of positions at medical facilities have remained vacant. As a result, medical facilities are denying admissions because they can’t staff enough to take on new patients. Increased government aid to keep medical facilities open and operational…
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On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (the “IIJA”), which retroactively eliminated and repealed the employee retention credit (“ERC”) as of September 30, 2021. The credit was previously set to expire on January 1, 2022. This law effectively eliminates an employer’s ability to claim the ERC for eligible wages…
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On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit vacated the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on workplace COVID-19 vaccinations and testing. The ETS was initially published in the Federal Register on November 5, 2021. However, it was immediately challenged, and the following…
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Utility-scale solar developments have proliferated across the United States over the past decade, growing at a rate that few could have predicted just a short while ago. Even as the actual capacity of solar projects installed continues to beat the most optimistic forecasts, States across the country have set ambitious renewable energy targets that will…
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