For current and prospective business owners considering a sale and professionals navigating the private M&A landscape, keeping a finger on the pulse of “market terms” is critical to successfully structuring, negotiating, and executing transactions. The Market Trends Subcommittee of the American Bar Association Business Law
In recent years, startup founders, angel investors, and venture capital funds alike have benefited from the IRS’s qualified small business stock (“QSBS”) tax exemption rules (the “QSBS Rules”). The QSBS Rules contain a major tax exemption and are intended to incentivize investment in startups and
Raising capital as a startup or private investment fund is never easy – especially when it involves navigating complex securities laws. One of the more powerful tools available is Rule 506(c) of Regulation D, which lets companies publicly market their offerings to investors. This is
In August of 2022, the North Carolina Supreme Court increased the risk of malpractice liability for registered nurses practicing in the state by overruling a prior decision that had shielded North Carolina nurses from certain malpractice liabilities for the preceding 90 years. The decision, styled
Earlier this month, the Federal Trade Commission (“FTC”) reached a settlement with Zoom Video Communications, Inc. (“Zoom”) regarding alleged misrepresentations related to its security program. The FTC alleged that Zoom misled users by “touting that it offered ‘end-to-end, 256-bit encryption’ to secure users’ communications, when
Attorneys, and clients, are often guilty of taking the position that any communication involving an attorney is privileged and not subject to disclosure. The law, of course, is much more nuanced. In today’s world, where reliance on in-house counsel is expanding, and attorneys are consulted
Earlier this year, new regulations promulgated by the Committee on Foreign Investment in the U.S. (the “CFIUS”) that implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) took effect, strengthening the oversight authority and expanding the jurisdictional reach of the CFIUS. Although the
On October 11, 2019, the chairman of the U.S. Commodity Futures Trading Commission (“CFTC”), the director of the Financial Crimes Enforcement Network (“FinCEN”), and the chairman of the U.S. Securities and Exchange Commission (“SEC”) issued a joint statement (the “Joint Statement”) to remind persons and
Earlier this month, California Attorney General (AG) Xavier Becerra released the draft regulations for the California Consumer Privacy Act (CCPA). The proposed rules, which set forth procedures for businesses covered under the CCPA to follow for compliance, should provide the framework for the final rules
On October 9, 2019, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released its long-awaited Proposed Rule (Proposed Rule) updating and clarifying the physician self-referral (Stark Law) regulations, which was published in the Federal Register on
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