Satoshi Nakamoto’s invention of Bitcoin in 2009 opened the door to rethinking the way value can be transferred and stored. However, crypto markets have long been considered by most analysts and attorneys as the “Wild West” of the financial world. These sentiments seem to have been further confirmed with the recent Chapter 11 Bankruptcy filing…
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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed Rule”), impacting restrictive covenants as a whole, with an impact extending to both confidentiality and non-solicitation provisions. While those in support of the FTC’s Proposed…
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Contrary to the expression’s limitations, the National Labor Relations Board (“the Board”) set the tone for 2023 with some major decisions that will essentially provide employees with not only the kitchen sink, but the walls and the foundation too. The Board fundamentally altered the landscape when it comes to collective bargaining, property interests, damages in…
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“And I heard ‘em say, nothin’ ever promised tomorrow today;” [1] That is, unless, that promise was memorialized into a properly drafted and negotiated brand licensing agreement. Brand licensing agreements are essential for companies that want to create a successful, long-term business strategy. Licensing allows companies to leverage a brand’s image, reputation, and power to…
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The coming new year brings new changes, new goals, and newly amended employment laws. Although some jurisdictions jumped the gun (looking at you, D.C. noncompete law), starting on January 1, many states are implementing new and amending old employment laws. Minimum Wage Increases While some states roll out raises at different intervals, all employers should…
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On Wednesday, December 14, the U.S. Securities and Exchange Commission (the “SEC”) affirmatively voted to advance some major changes to U.S. stock-market rules, perhaps the biggest changes to such rules in nearly 20 years. Although the affirmative vote opens the proposed rules to public comment until at least March 31, 2023, before they can be…
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Referral fees, or fee sharing, among attorneys have become so commonplace that it may be easy to forget about the headache that they can cause to attorneys and clients alike. Our focus today is on the potential consequences of unpermitted fee arrangements, also known as “finder’s fee” arrangements. These types of arrangements between attorneys are…
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Nearly a decade ago, I wrote an article for the New England Real Estate Journal about a decision issued by the Massachusetts Supreme Judicial Court that provided an important reminder to commercial leasing practitioners on the proper use of liquidated damages and rent acceleration clauses in remedies provisions in Massachusetts (“MA”). Now, a recent opinion…
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On Oct. 17, 2022, the California Privacy Protection Agency (the “CPPA”) released a revised draft of regulations to enforce the soon-to-be-effective California Privacy Rights Act (the “CPRA”). The revised regulations include revisions to sections regarding collection of personal data, restrictions on the use of personal data, privacy notice requirements and opt-out preference signals. The revisions…
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In a matter of months, several well-known individuals in real estate have been convicted of and/or charged with fraud or similar crimes relating to the theft of client funds. The summary below highlights a few of those cases with some extraordinary damages, but questions remain: Is this a harbinger of what’s to come? Or are…
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