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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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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The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act), and other privacy laws are slated to become effective later this year (the Colorado Privacy Act, the Connecticut…
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In a matter of months, several well-known individuals in real estate have been convicted of and/or charged with fraud or similar crimes relating to the theft of client funds. The summary below highlights a few of those cases with some extraordinary damages, but questions remain: Is this a harbinger of what’s to come? Or are…
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The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth Circuit’s decision in favor of the plaintiff-class student-athletes, held, among other things, that the NCAA had violated antitrust law through…
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