AI Meets TCPA: Navigating Business Compliance Risks in Phone Communications
As artificial intelligence continues to transform business communications, companies will continue to face significant—and in some cases, increased—legal risks under the Telephone Consumer Protection Act (TCPA) when choosing to utilize AI-powered calling and messaging technologies. The Federal Communications Commission’s (FCC) recent regulatory actions in the past year confirm that AI-powered tools are not exempt from…
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Deferred Pay at Risk: The Hidden Dangers of Rabbi Trusts
News that Steward Health Care executives may lose millions in unqualified retirement savings due to the company’s use of a “rabbi trust” has sent a jolt through the ranks of corporate leadership. Steward’s deferred compensation plan—intended to provide financial security for its top employees—has instead become a cautionary tale of how quickly that security can…
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Mitigating Lease Risk: Key Tools for Landlords with Smaller Tenants
While not all landlords prefer—or are able—to lease their commercial properties exclusively to large, creditworthy “national” tenants, these tenants are attractive due to their strong financial stability. However, what about the small businesses and middle market companies that make up a significant share of office, retail, and industrial leases? Are there ways commercial landlords can…
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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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