DE Insights

Why Victims Need an Attorney—Even When They Can’t Drop the Case

April 15, 2025

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

April 14, 2025

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

April 9, 2025

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

April 8, 2025

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

April 3, 2025

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

March 27, 2025

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

March 25, 2025

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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Unlocking Tax-Free Gains: The Power of QSBS in Mergers & Acquisitions

March 18, 2025

Internal Revenue Code (IRC) Section 1202 offers a significant tax incentive for investors in qualified small business stock (QSBS). This provision allows eligible shareholders to exclude up to 100% of capital gains realized from the sale of QSBS, subject to certain limitations. This exclusion can result in substantial tax savings, making it highly attractive to…

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Less Red Tape, More Capital? SEC Clarifies 506(c) Verification Rules

March 17, 2025

On March 12, 2025, the Securities and Exchange Commission (“SEC”) issued a significant no-action letter clarifying the use of high minimum investment amounts as a method for verifying accredited investor status under Rule 506(c) of Regulation D (the “Letter”).[1] Background: Rule 506(c) and Accredited Investor Verification Rule 506(c), introduced under the Jumpstart Our Business Startups…

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High Rhode Island Property Tax Assessment? Here’s What to Do Next

March 14, 2025

With Rhode Island municipal revaluations of property going into effect for the 2025 tax year, many homeowners and business owners are beginning to explore their options on challenging the new assessment, as most assessments have increased rather than decreased. However, the process for challenging an increase in the assessed value of property in Rhode Island…

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