Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims
Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang Clan. You and your Wu brethren have inked a deal with Escobar himself — Nas — to…
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AmeriSource Decision a Difficult Pill to Swallow for Securities Plaintiffs
The opioid crisis has garnered nationwide attention for decades and has resulted in thousands of lawsuits, subjecting pharmaceutical distributors to billions of dollars in damages. AmerisourceBergen (“Amerisource”) — one of the “big three” largest pharmaceutical distributors in the U.S. — has frequently been accused of failing to adequately monitor and report suspicious orders of prescription…
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Protection From Panic Starts With These Proactive Banking Strategies
The fast and furious developments related to Silicon Valley Bank (“SVB”), Signature Bank, and others had depositors, employees, landlords, lawyers, accountants, and fiduciaries from nearly every sector scrambling for solutions to very real and challenging liquidity problems for their businesses and clients. Fortunately, after stepping in as receiver last Friday, the Federal Deposit Insurance Corporation…
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Born in the USA? Product Origin Claims Nothing to Mess With
The interconnectedness of the global economy has resulted in consumers being faced with a wide selection of substitute products from many different countries. A ”Made in the United States” claim could be, and often is, a difference maker in the eyes of the consumer. This could be attributed to a patriotic trust factor in the…
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How Earnout Provisions Can Supply Great Value for Buyers, Sellers
Earnout provisions can be an effective tool for addressing the potential disconnect between a seller’s expectations and a buyer’s ability to pay when negotiating a business combination transaction. Earnout provisions, or contingent purchase price agreements, allow buyers to limit their upfront payment and spread the purchase price over time. From the seller’s perspective, earnouts can…
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Outside the Playground: California’s Child Privacy Act Sets Rules for Child’s Play
In his State of the Union address on February 7, 2023, President Biden affirmed his position on consumer data privacy protections and specifically his focus on strengthening protections for children. With several state data privacy acts now effective (and more scheduled later this year), compliance with the complex mesh of data privacy laws in the…
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AIA Contracts Are Especially Best Measured Twice and Cut Once
In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down the road. An effective construction contract will provide performance, timing standards and set forth effective remedies and risk allocation should issues arise.…
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Are Attorney Opinion Letters a Viable Title Insurance Alternative?
Title insurance is a popular form of protection for residential and commercial real estate buyers and their lenders against title-related issues that may arise after closing. It provides peace of mind for all parties involved, as it insures against a range of potential problems such as liens, easements, unrecorded deeds and other title defects. However,…
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Fractional Ownership: Education is Key to Enjoying its Value
Fractionalized ownership is a method of owning and investing in real estate for those without deep pockets or the financial support of an institutional lender. Although it is an ownership structure that has been around for a long time, it has recently gained popularity and garnered attention because such owners obtain actual ownership rights in…
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See You on the Other Side: Planning Your Digital Legacy
What happens to social media accounts when an individual dies? As social media is a growing source of revenue for individuals, from influencers to public figures, and the dominant means of how people document their lives, it is critical that people understand their rights and obligations regarding their digital legacy. For example, actor Chadwick Boseman…
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