Navigating FCC Rules in Broadcast Lending and Collateral Structuring
Under the Communications Act of 1934, as amended (the “Communications Act”), a Federal Communications Commission (the “FCC”) broadcast license cannot be owned or directly encumbered by security interests.1 Still, lenders routinely finance stations whose enterprise value pivots on the license. The market response relies on indirect pledges, equity-level control rights, and liens on sale proceeds.…
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Massachusetts Real Estate Transfers Over $1M Face New Tax Rules
Attention to owners of real estate in the Commonwealth (and the title companies and other professionals who advise them), the Massachusetts Department of Revenue (the “DOR”) recently adopted a new “millionaire’s tax” via 830 CMR 62B.2.4 (the “Regulation”). The Regulation imposes new withholding tax requirements on transfers of real estate within the Commonwealth involving a…
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Open Floodgates to Personal Injury? RICO Claims Post-Horn
The Racketeer Influenced and Corrupt Organizations Act (“RICO”) is well known for having outgrown its original purpose. No longer a mere tool for prosecuting the mob, today it casts a net over a range of garden variety business disputes, serving as the hook for treble damages where other common law or statutory claims do not…
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What Healthcare & Regulated Industries Must Know About New DOJ Branch
The U.S. Department of Justice has created a new Enforcement & Affirmative Litigation (“EAL”) Branch within the Civil Division, signaling a strategic escalation in civil enforcement and government-initiated litigation. For healthcare entities—the perennial focal point of civil fraud enforcement—the EAL Branch’s formation presages more integrated, data-driven, and swift actions across a spectrum that extends well…
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The Rising Tide of ADA Website Accessibility Litigation: 2025 Insights
The first half of 2025 confirms a trend that businesses can no longer ignore: ADA website accessibility lawsuits are surging nationwide. According to the 2025 Mid-Year ADA Website Accessibility Lawsuit Report published by EcomBack, from January through June, 2,014 lawsuits were filed throughout many U.S. federal courts, marking a 37% increase year over year. The implications are profound for companies across industries, as…
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Confirmatory Adoption Offers Clarity for Assisted Reproduction
Confirmatory adoptions are an easy and accessible way to create security and peace of mind for families formed via assisted reproduction. Assisted reproduction refers to a broad range of medical procedures used to address infertility and help individuals or couples conceive a child. These techniques involve the handling of eggs, sperm, or embryos outside the…
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LMI Housing Act May Allow Density to Become Developers’ Destiny
It is no secret that housing has been a hot button issue lately, both in Rhode Island and across the country. In recent years, Rhode Island lawmakers have sought to address the state’s housing shortage. In 2023, the General Assembly passed a significant package of housing bills aimed at increasing housing availability and reforming key…
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Custodial Interference: What ‘The Child Refused’ Won’t Excuse
More often than one would like, family law attorneys confront a parent who refuses to return a child after parenting time, justifying their conduct by claiming “the child didn’t want to go.” In most jurisdictions, that explanation is not a legal shield when there is an existing custody order issued by the court. Several states…
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Private Credit Is Booming—and Is Now Squarely in Regulators’ Sights
Private credit continues to assume mandates once dominated by banks, fueled by insurer capital and bank-provided facilities. Regulators in the United States and European Union are intensifying their scrutiny of funding sources, liquidity, disclosure, and risk transfer. These evolving dynamics are already impacting certainty of funds, pricing, and deal documentation. This article explains what has…
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Locking In Value: How GPs Use Crystallization to Balance Incentives
Crystallization is a pivotal concept in private equity fund management, particularly for General Partners (GPs) seeking to realize the value of their carried interest, or “promote.” As private equity funds mature and assets are monetized, the timing and method of crystallizing a promote can have significant implications for both GPs and Limited Partners (LPs). This…
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