The Good, the Bad and the Ethical: Mortgage Fraud on the Rise?
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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New B.O.S.S., Same as the Old Boss? New Clarity on the Corporate Transparency Act
On September 30, 2022, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a final rule requiring certain entities to file with FinCEN reports that identify two categories of individuals: the beneficial owners of the entity, and individuals who have filed an application with specified governmental authorities to create the entity or register it…
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SAFE Banking Tweak Would Be Huge ‘Plus’ for Financial, Cannabis Industries
As the regulated sale of cannabis increasingly becomes sanctioned under state law, federal implications arising from its classification as a controlled substance continue to frustrate those in the banking industry who view the meteoric rise of the cannabis industry as a promising opportunity (legal market sales in 2022 are expected to reach $33 billion[1]). Despite…
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Trust Me. You Need a Trust.
So, you finally sat down to start your estate plan but have heard so many conflicting points about wills and trusts that you don’t know where to start. If you are choosing between a trust and a will, you’re not alone. One of the biggest reasons people choose a trust is because it eliminates the…
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I Always Feel Like… My Boss is Watching Me!
Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers[1], National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo has released a new memorandum announcing her plan to address modern technology in the workplace.[2] Analogous to the EEOC, the General Counsel’s memo discusses…
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An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster
In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher, covered employers must display the EEOC poster, which explains employee rights to be free from discrimination under federal laws, in…
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NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness
The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth Circuit’s decision in favor of the plaintiff-class student-athletes, held, among other things, that the NCAA had violated antitrust law through…
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Timing is Everything: The Importance of Complying With the Plain and Unambiguous Terms of a Contract
The First Circuit recently opined on termination rights concerning a party’s right to terminate a stock sale, highlighting the importance of negotiating an agreement’s terms and fully understanding each party’s rights. In the decision, FinSight I LP v. Seaver, 50 F.4th 226 (1st Cir. 2022), the court ultimately concluded that the termination rights the defendants…
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Life May Not Be Fair, But Interested Party Transactions Should Be
Overview When a court reviews contested business transactions of a Delaware corporation, they typically rely on one of two standards of review: the “business judgment rule” or the “entire fairness standard.” The business judgment rule is the default standard of review, where the plaintiff has the burden of proof and which sets forth a presumption…
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Building Opportunities in the Bay State
The Commonwealth of Massachusetts is addressing the housing crisis in a unique way that may allow certain property owners close to public transit the opportunity to construct multi-family housing where it may not have been previously permitted. The Economic Development Bond Bill of 2021 creates a new Section 3A in the Commonwealth’s Zoning Act, General…
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