Avoiding Fraudulent Transfer Claims in Bankruptcy

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When a business faces financial distress, bankruptcy is often a last-resort option for resolving debts crippling the company.  However, your company should be aware of the risks that can arise in bankruptcy, particularly allegations of fraudulent transfers. In bankruptcy proceedings, a court-appointed trustee may attempt to recover assets that were transferred from the company before …Read more

Securing New Financing Post-Bankruptcy

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Emerging from bankruptcy offers a renewed opportunity for businesses, especially family-owned enterprises, to chart a fresh course. However, it also presents the critical task of rebuilding trust in the financial landscape. Understanding the internal dynamics of your business is paramount before seeking financing post-bankruptcy. Take the time to analyze the root causes of the bankruptcy. …Read more

What is the process of developing and financing a mixed used real estate development in an enterprise zone in an urban area?

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Developing and financing a mixed-use real estate development in an urban enterprise zone involves a series of steps, from site acquisition and design to construction, leasing, and property management. An enterprise zone is a designated geographical area where governments provide tax benefits and other incentives to encourage economic development and job creation. Here’s a high-level …Read more

California’s SB 113 May Offer Valuable Tax Planning Opportunities for Family Businesses

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On February 9, 2022, California Governor Gavin Newsom signed Senate Bill 113 into law.  SB 113 changes several provisions of California’s tax laws that affect family businesses and offer valuable tax planning opportunities that business owners may wish to take advantage of.  Specifically, SB 113 reinstates the business tax credits and net operating loss (“NOL”) …Read more

10 Tips for Managing Your Business During the Coronavirus Pandemic

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While we all struggle with the unknown implications of the Coronavirus on our families, friends, and business associates, there are some things a company may wish to consider doing to address the impacts of conducting business in this financially distressed climate. Here are 10 tips you may wish to consider: 1. Maintain Communication with Clients, Customers, …Read more

Understanding Title I of the CARES ACT, Including the Paycheck Protection Program

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On March 27, 2020, Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a third piece of emergency legislation aimed at providing Americans with relief from the Coronavirus pandemic, which continues to sweep across the country relentlessly leaving lost lives, fractured families, and bankrupt businesses in …Read more

SEC Issues Guidance for Investment Contract Analysis of Digital Assets

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On April 3, 2019, the Strategic Hub for Innovation and Financial Technology – known as “FinHub” – of the Securities and Exchange Commission (“SEC”) published a “Framework for Investment Contract Analysis of Digital Assets” (“Guideline”) to provide additional guidance to market participants in determining whether a “digital asset” meets the definition of an “investment contract”, …Read more

Federal Legislation Dealing with Cannabis Finance is on the Horizon, We Hope

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Two bills currently making their way through Congress suggest 2019 might be the year when Congress finally prevents U.S. law enforcement and regulatory agencies from enforcing federal prohibitions on marijuana in states where cannabis is legally cultivated and sold in commerce. The SAFE Act On March 28, 2019, the House Financial Services Committee voted to …Read more

Raising Money as a Public Benefit Corporation

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As a host of problems plague civilization – including the rise of authoritarian states, state sponsored electronic espionage, income inequality and climate change – people and markets are increasingly insisting that corporations generate positive social impact alongside profit. Investors have taken notice. The global impact investing market doubled from $114 billion in 2017 to $228 …Read more