Blog — Whitman Legal Solutions LLC

Giving Notice Under Contracts During the Coronavirus Pandemic

Business owners should review their contracts and take steps to assure that contract notice provisions include options that will reach the business during a period of mandatory seclusion.

Business Law, Contracts, CoronavirusElizabeth WhitmanMarch 20, 2020coronavirus, COVID-19, notice provision, notice, contracts, social seclusion, social distancing, quarantine

Paying for a Business' Additional Costs and Lost Revenue Due to Coronavirus

Throughout the nation, businesses and real estate owners are facing financial challenges due to coronavirus. If the businesses aren't closed altogether, they may have fewer customers and lower profits, if any. And there are the additional out-of-pocket costs associated with combating COVID-19. In some instances, business interruption insurance or contract risk allocation language may provide relief from COVID-19 financial losses.

Business Law, Real Estate Investments, CoronavirusElizabeth WhitmanMarch 16, 2020coronavirus, COVID-19, real estate ownership, Force majeure, business interruption insurance, Real Estate

Coronavirus and Contract Force Majeure Provisions

Market changes and governmental requirments due to coronavirus may trigger contract force majeure provisions and excuse parties from contract performance.

Business Law, Contracts, Coronavirus, Real Estate TransactionsElizabeth WhitmanMarch 15, 2020coronavirus, COVID-19, force majeure, act of god, pandemic, supply chain, impractability

SEC Proposes New Regulation for Integration of Offerings

On March 4, 2020, the Securities and Exchange Commission (SEC) proposed a new rule, which would clarify and harmonize integration concepts for several types of exempt offerings. The new rule also would shorten the safe harbor in Regulation D from six months to 30 days

Business Law, Real Estate Investments, Securities LawElizabeth WhitmanMarch 9, 2020Rule 506, regulation d, Rule 506(b), Rule 506©, integration, SEC, securities regulation, real estate securities

The Impeachment March and Implied Covenant of Good Faith and Fair Dealing

The implied covenant of good faith and fair dealing exists, at least to some extent, in every state's law. Yet, parties often do not consider the implied covenant's impact when negotiating and performing contracts.

Rule 506(b) Offerings Continue to Dominate Small Business and Real Estate Equity Offerings

A recent SEC report reveals that Rule 506(b) remains the overwhelming choice for capital raises among small businesses.

Business Law, Finance, Securities Law, Real Estate InvestmentsElizabeth WhitmanJanuary 12, 2020506(b), 506(c), rule 506, rule 147, Regulation A, regulation d, Regulation A+, securities regulation, crowdfunding, capital formation, advocate for small business capital formation

Will Abbreviating 2020 on Legal Documents Make You Vulnerable to Fraud?

It may not create a huge additional risk to use an abbreviated date. Yet, it also doesn’t hurt to use the full year when signing a document.

Business Law, Contracts, Identity Theft and FraudElizabeth WhitmanJanuary 5, 2020Elizabeth A. Whitman, Elizabeth Whitman, Whitman legal solutions, Orchestrating Real estate, Bach to Businesss, 2020, backdating, backdate, postdate, fraud, identity theft, Umberto Lanaro, esignature, esign, altered document

Singing Auld Lang Syne and Inventorying Special Purpose Entities

At year-end, businesses and real estate investors should inventory their special purpose entities and decide whether they continue to be necessary.

Real Estate Investments, Business Law, Limited Liability CompanyElizabeth WhitmanDecember 8, 2019Elizabeth A. Whitman, Elizabeth Whitman, Whitman legal solutions, Orchestrating Real estate, Bach to Businesss, auld lang syne, special purpose entity, SPE, Operating Agreement, LLC Dissolution, LLC termination, articles of cancellation, certificate of dissolution

Crisis Planning for Savvy Business Leaders

Although a crisis response plan can't prevent crises, it can provided a pathway for business leaders to respond quickly and appropriate when a crisis occurs.

Business LawElizabeth WhitmanNovember 17, 2019Elizabeth A. Whitman, Elizabeth Whitman, Whitman legal solutions, Bach to Business, Crisis, crisis response, crisis response plan, crisis response planning, midori, control the controllable, don't panic yet, college admission scandal

Businesses and Commercial Real Estate Owners May Need Copyright Public Performance Licenses

Public performance licenses frequently are required when digital music recordings are played in most business and commercial real estate settings.

Bach to Business

Our award-winning blog draws from Elizabeth Whitman’s background in and passion for music to illustrate how we find creative solutions for complex legal challenges.