Commercial real estate borrowers and mortgagors formed as Delaware limited liability companies (“LLCs”) should be aware of new loan requirements after recent amendments to Delaware’s LLC Act. The LLC Act amendment, which became effective in August 2018, allows Delaware LLCs to be divided into one or more newly formed Delaware LLCs and allocate assets and […]
Proactively Protecting Your Company’s Trade Secrets from Theft by Employees
A few years ago, the Symantec Corporation and Ponemon Institute released the results of a survey of employees working for companies in six countries, including the U.S., Brazil, China, France, Korea and United Kingdom. The results were remarkable. They should place every chief executive on notice of the risks of data security breaches her company […]
What Would You Do if Your Family Business’ Property Were Contaminated
Does your family business own a piece of property that may be contaminated? We often hear clients say they do not want to know the answer to that question because they will be forced to do something about it. We disagree with that approach because you can’t make a good business decision about your potentially-contaminated […]
Understand Federal and State Securities Laws Before Raising Money
The applicability of the federal securities laws is remarkably broad. The Securities Act of 1933 defines a “security” to include stock, bonds, notes, fractional undivided interests in oil, gas and other mineral rights, and “investment contracts.” The Supreme Court analyzed such contracts in the Howey case to mean investments in a common enterprise with an […]
Trademark Office Issues New Guidlines on Trademarking Cannabis Products and Services
The U.S. Patent and Trademark Office (“PTO”) issued new guidelines on May 2, 2019, clarifying that trademarks for certain cannabis and cannabis-derived goods and services are now eligible for federal trademark protection. The PTO issued the guidelines to clarify the procedure for examining marks for these goods and services following passage of the 2018 Farm […]
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