Generative AI and Trade Secrets: A New Frontier for IP Litigation
As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it’s crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents and copyrights traditionally shield human-driven innovation and creativity, GenAI presents a different challenge. Because U.S. law currently requires a human inventor or author for patent…
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Fiduciary Duties and Remedies in Florida LLCs: What Members Need to Know
Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality, Florida law provides a structured framework governing the duties owed by LLC members and the recourse available when those duties are breached. These obligations,…
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Don’t Go Chasing Simple Waterfalls: Understanding Investment Return Structures
Waterfalls in private equity and venture capital dictate how investment returns are distributed among stakeholders. These structures determine who gets paid, in what order, and under what conditions. While all waterfalls aim to allocate cash flows, their design varies based on the complexity of the investment structure, investor preferences, the type of cash flow, and…
Read MoreWhy Victims Need an Attorney—Even When They Can’t Drop the Case
How often do we assume a victim controls the trajectory of a criminal case? In reality, although a victim may initiate the criminal complaint, their control ends there. Once the complaint is in the hands of the prosecuting body, whether it’s the police, district attorney, city solicitor, or attorney general, a victim can no longer…
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Considering Adoption in Rhode Island? Here’s What You Need to Know
Adoption is a deeply transformative process, not only for the child but also for the birth parents and the adoptive parents. The decision to adopt or to place your child for adoption involves a range of legal, emotional and practical considerations, and it is essential to understand the legal framework surrounding adoption before embarking on…
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Commercial Tenant Improvements: Key Considerations for Lease Negotiations
A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these improvements is a fundamental economic term of the lease/renewal that affects the base rent per square foot payable over the lease…
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Massachusetts Court Decision Could Spark State Tax Crackdown Nationwide
Founders and executives with equity compensation need to be prepared for state tax exposure, even in states where they do not live. In a landmark decision that reverberates beyond Massachusetts, the Massachusetts Appeals Court recently sided with the Department of Revenue in Welch v. Commissioner of Revenue, setting a new precedent on how nonresident business…
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Opportunity Zones: Key Deadlines, Tax Benefits, and What’s Next for Investors
Practitioners, operators and investors in the commercial real estate space are well familiar with Opportunity Zones and how they can be utilized for preferential tax treatment on investments. First created under the 2017 Tax Cuts and Jobs Act, these Qualified Opportunity Zones “QOZs” were designed to spur economic development and job creation in distressed communities.…
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Private Placements in South Carolina: A Primer on Federal and State Securities Registration
With an estimated 34 people moving to the Charleston area each day[1] and with South Carolina claiming one of the fastest-growing populations in the nation last year[2], the post-COVID increase in the number of private placement sponsors raising money in the Palmetto State and increase in the number of private placements being offered to South…
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Blacklisted Condos: A Growing Crisis for Owners and Buyers
The blacklisting of condominium/condo associations by financial institutions and insurance providers has emerged as a pressing issue in the real estate finance and housing sector. This practice, which involves lenders or insurers refusing to provide services to specific condominium associations, has significant implications for property values, homeowner affordability, and overall market stability. The practice raises…
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