DE Insights

Fractional Ownership: Education is Key to Enjoying its Value

February 21, 2023

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

February 14, 2023

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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Going by the Handbook Can Be Employer’s Best Defense

February 9, 2023

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and most importantly enforcing an employee handbook is a simple and efficient way to communicate company policy and expectations to your employees…

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The Litigation of Metadata: Your Devices Are Watching You

February 7, 2023

By using our smartphones, tablets, and computers, we create and exchange a vast amount of electronic data every day, but what some may not know is that there is a whole other world of information hidden beneath the surface — “metadata.”  In this article, we look into the hidden world of metadata and provide some…

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A HIPAA Privacy Notice A Day Keeps The Doctor Away (And Out Of Trouble)

January 26, 2023

The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act), and other privacy laws are slated to become effective later this year (the Colorado Privacy Act, the Connecticut…

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How Renewable Energy Developers Can Maximize ITC Value in Deal-Making

January 23, 2023

On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act of 2022 (the “Act”). Among other things, the Act has notable consequences for the renewable energy industry, including restoring the production tax credit (“PTC”) and the investment tax credit (“ITC”), the former of which was established under the Energy Policy Act…

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The FTC is Turning the Lights On: Dark Patterns Aren’t in the Shadows Anymore

January 19, 2023

The continued growth and dominance of e-commerce have ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape, companies redeveloped their advertising strategies to fit the digital age. As with any new evolution in commerce, this has left regulators struggling to keep pace…

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Not Your Keys, Not Your Coins: How to Stay Safe in ‘Wild West’ of Crypto

January 12, 2023

Satoshi Nakamoto’s invention of Bitcoin in 2009 opened the door to rethinking the way value can be transferred and stored. However, crypto markets have long been considered by most analysts and attorneys as the “Wild West” of the financial world. These sentiments seem to have been further confirmed with the recent Chapter 11 Bankruptcy filing…

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The Hunger Games: Can Competition Be Stopped?

January 11, 2023

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed Rule”), impacting restrictive covenants as a whole, with an impact extending to both confidentiality and non-solicitation provisions. While those in support of the FTC’s Proposed…

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Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

January 6, 2023

Contrary to the expression’s limitations, the National Labor Relations Board (“the Board”) set the tone for 2023 with some major decisions that will essentially provide employees with not only the kitchen sink, but the walls and the foundation too. The Board fundamentally altered the landscape when it comes to collective bargaining, property interests, damages in…

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