The U.S. Environmental Protection Agency has changed the requirements for conducting environmental site assessments under the Comprehensive Environmental Response, Compensation and Liability Act, which is commonly referred to as CERCLA or Superfund. What You Need to Know CERCLA requires prospective purchasers to conduct an “all appropriate inquiry” into the environmental conditions of a property to […]
What Types of Debt Can I Not Discharge in a Bankruptcy?
Most types of debt can be discharged in bankruptcy but some types of debt cannot, for example, tax debt, student loans, child support and debt incurred through fraud. Tax Debt Most tax debt incurred within three years of the Bankruptcy filing will not be discharged, nor will taxes owed for payroll taxes or other forms […]
Buying Real Estate Does Not Always Include What You May Think It Does
Despite engaging in good faith due diligence, a buyer of real estate may miss some pre-existing property damage or a public improvement that was installed without permission or legal right. Does the buyer of the property have a cause of action for a taking or inverse condemnation when such a pre-existing condition is discovered after […]
Bankruptcies of Publicly Traded Companies
Generally, if a publicly traded company files for bankruptcy, the Securities and Exchange Commission (SEC) will become more involved in the process. As a general matter, few public companies file Chapter 7 but may file for a reorganization. However, the SEC imposes additional reporting requirements as opposed to a privately held company. If the public […]
Developing and Implementing a Comprehensive IP Strategy for Your Technology Startup
Now that you have decided to launch your technology startup it cannot be overstated as to how important it is to develop and implement a comprehensive intellectual property (“IP”) strategy to ensure your company successfully secures, retains and commercializes its IP rights. Such a strategy should cover IP creation, acquisition, and protection, and also try […]
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