Essential contract terms, such as price, describe the basic business deal. But "everything else" in the contract defines the parties' relationship and can prevent misunderstandings and later disputes.
Read MoreA recent court decision declaring the Corporate Transparency Act unconstitutional only affects companies that were National Small Business Association members on March 1, 2024. Other companies and real estate investors still must report their beneficial ownership information to FinCEN.
Read MoreThe Corporate Transparency Act, which took effect on January 1, 2024, requires many legal entities to report their beneficial owners and other information to FinCEN. In December, New York passed a law requiring LLCs to report similar information to its Department of State. The New York law will make certain beneficial owner information public, introducing privacy concerns not present with the CTA.
Read MoreA Series LLC can be a viable alternative to a holding company or joint venture in states allowing Series LLCs, but businesses should exercise caution before operating a Series LLC in a state where they are not recognized.
Read MoreNon-competition, Non-solicitation, and Non-circumvention provisions frequently appear in employment agreements, but they also can be useful in joint venture agreements or in a contract for the sale of real estate or a business. Understanding the difference between these provisions and how each should be used is essential to protecting the parties' needs.
Read MoreFinCEN recently adopted a final rule implementing the Corporate Transparency Act. Although the rule doesn’t take effect until January 1, 2024, companies should start preparing now.
Read MoreBusinesses and real estate owners should evaluate their “green” projects to ensure that they have substance, aren’t greenwashing, and haven’t been derailed by unexpected circumstances
Read MoreThe United States Court of Appeals for the Fifth Circuit recently stayed application of OSHA's vaccine, testing, and mask mandate for private employers having more than 100 employees. However, the future for those mandates remains uncertain.
Read MoreAlthough the Securities and Exchange Commission's recent announcement that it will increase focus on ESG-related disclosures only applies to reporting companies, small businesses and private companies also can positively affect their communities and stakeholders with ESG initiatives.
Read MoreReal estate fund sponsors should establish policies and procedures and adapt their legal documents to prepare for the Corporate Transparency Act.
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