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Douglas Otto — Representative Matters

For a more extensive list of cases and matters handled by Business Litigation & Dispute Resolution Practice Leader Douglas Otto, see below. Complex Business and Commercial Law Successful client representation in numerous contract, business, shareholder and partnership disputes involving financial institutions; insurance agencies; real estate and investment companies; construction trades; product manufacturers; and, technology companies.…
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What Florida’s SB 264 Means for Foreign Ownership of Real Property

This past July, Florida became the latest state to adopt legislation with the goal of restricting foreign governments and individuals from real property ownership. Florida’s controversial new bill, SB 264, Interests of Foreign Countries is the 15th state-level bill enacted in 2023 related to such matters, with state lawmakers introducing similar bills in another 20…
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3 Key Inquiries to Make When Purchasing Rhode Island Real Estate

Whether you are an individual or couple purchasing a home for your family, or whether you represent an entity purchasing a commercial property for a real estate opportunity, and everything in between, understanding the finer details of your target property are becoming increasingly more critical to make good decisions. In a real estate market that…
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How SEC’s Private Fund Rules Will Affect Use of Side Letters

Recent client alerts have provided an overview of the new “private fund rules” adopted in late August by the U.S. Securities and Exchange Commission (SEC). These rules apply, subject to limited exceptions and carveouts, to all private funds and their advisers, regardless of whether they’re subject to federal or state regulators. These recent alerts discuss…
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IRS Response to Israel’s Declaration of War: Relief to Impacted Taxpayers, But Extensions Granted to Its Enforcement Arm

In IRS Notice 2023-71 (the “Notice”), the Internal Revenue Service (“IRS”) granted a postponement until October 7, 2024 for various time-sensitive filing and payment deadlines for taxpayers affected by the terrorist attacks in the State of Israel. The IRS regularly grants extensions of deadlines for all sorts of circumstances. Most commentators, however, have overlooked an…
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Litigation Financier’s Battle Against Sysco Provides Food for Thought

Cloaked in secrecy, neither the terms of litigation financing agreements nor the attendant scuffles between financier and claimant, are typically aired in public. That changed for about four months of 2023, during which Sysco, a food distributor, and Burford Capital, a multi-billion dollar litigation financing firm, duked it out in federal and state court over…
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Gun Trusts in Estate Planning: No Time To Be Quick on the Trigger

When considering an estate plan, clients who own firearms should remember that very often, their firearms require special consideration and planning, particularly given the intricacies of federal, state, and local gun laws and regulations. Gun trusts are a common mechanism for ensuring ease of ownership and inheritance of certain types of firearms and other weapons…
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Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of the most influential changes over the last three months which will be of interest to all employers. NLRB Comes…
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Peekaboo: How To Continue Preparations for Brave New (Data Privacy) World

On September 12, 2023, Delaware became the 13th state to adopt a consumer data privacy act, joining Florida, another state to recently adopt consumer privacy laws, and others in providing resident consumers with rights regarding their personal information. Delaware’s Personal Data Privacy Act (the “PDPA”) goes into effect on January 1, 2025, but businesses should…
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Diversity Driven Derivative Suits: Culture Wars Come to the Boardroom

Traditionally deployed to protect a corporation from its board’s imprudent investment or financial decision-making, in recent years shareholders have taken to bringing derivative actions on a corporation’s behalf for its board’s alleged failure to pay more than lip service to the diversity, equity and inclusion (“DEI”) commitments the company publicly proclaims. Spurred in 2020 in…
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