Post-Closing Incentive Structures for Key Management in Private Equity
If you own or manage a company that a private equity firm is looking to acquire, and you plan to stay on after the closing, you’ll likely need to negotiate two key points: rolling over some or all of your equity and determining the incentive compensation you want to receive. In most acquisitions, but particularly…
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Vibe Check on TikTok: Legal Changes May Force App to Take the L
The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which conditionally banned TikTok in the U.S. should its parent company, ByteDance Ltd., fail to divest its ownership in the U.S. version…
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Corporate Transparency Act Deadlines Extended: What Businesses Must Know
The nationwide injunction against enforcement of the Corporate Transparency Act (“CTA”) and its beneficial ownership information (“BOI”) reporting rule under 31 CFR 1010.380 (the “Rule”) has been stayed pending appeal, and the case expedited to the next available oral argument panel. On Dec. 23, the Fifth Circuit Court of Appeals issued an order in the…
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The Tax Implications of Divorce: Alimony, Child Support, IRAs and More
Divorce is a complex and emotionally charged process that also brings substantial financial considerations, with three of the most significant financial aspects of a divorce being alimony (spousal support), child support, and property division under Internal Revenue Code (“Code”)[1] Section 1041. Understanding the tax implications of these decisions is critical, as they can significantly impact…
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The ABCs of AIA Contracts: Legal Considerations
Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today. AIA construction documents were intended to ease contract negotiations and the compliance process. The purpose was to…
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Injunction Halts Enforcement of Corporate Transparency Act: What’s Next?
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule (Reporting Rule). This ruling effectively halts the requirement for reporting companies to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN)…
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The Future of U.S. Environmental Regulation: What to Expect in 2025
While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as President, who was more favorable to environmental protection than his predecessors. State environmental agencies address many local…
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Trust Administration: Key Steps to Protecting Your Legacy
Estate planning is an essential process which can ensure that your wealth is distributed appropriately after you pass. Every estate planning attorney’s goal is to assist clients to protect their assets, instead of allowing the unpredictability of life to negatively impact their legacy. However, as an attorney with a wealth of experience representing trustees, I…
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Surrogacy, Adoption and Beyond: Your Parental Rights in Rhode Island
As the holidays approach, family is at the forefront in many people’s minds. Families come in every variety of size, color, age, gender and chaos. Some families look like the Cleavers or the Cosbys. Others look more like the Simpsons or the Tanners – and others are their own version of a Modern Family. Although…
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Predicting U.S. Labor & Employment Changes From New Administration
As with previous shifts between administrations, the upcoming transfer of power from the Biden administration to the return of the Trump administration promises to bring with it a myriad of changes, with labor and employment being among the more drastically affected landscapes. While we can only speculate as to the changes based on the Trump…
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