As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched
The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more significant numbers of these claims. These mass filings that began in California under the California Invasion of Privacy Act (“CIPA”) have…
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1031 Exchanges and the Complexities of Seller Financing
With interest rates nearly the highest they’ve been in decades, but property prices still high, sellers and buyers are looking for ways to finance real estate transactions while also availing themselves of IRC § 1031’s non-recognition of taxable gains in like-kind exchanges (“1031 Exchanges”). When considering options such as seller financing in 1031 Exchanges, both…
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Amid Corporate Transparency Act, You Gotta Represent In Transactions
By now, many of you may have heard of the Corporate Transparency Act (“CTA”) and how it may increase compliance costs for many of your businesses in 2024. In brief, beginning January 1, 2024, the CTA will require foreign businesses registered to conduct business in the United States, as well as domestic corporations, limited liability…
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Data Privacy Concerns With the CTA? Consider the Value of DAPTs
People are understandably nervous about sharing personal data no matter the circumstances. That can be especially true regarding estate planning, given the existence of the recently enacted Corporate Transparency Act (“CTA”). There may be some ways, however, to mitigate the breach of privacy despite the wide-reaching effects of this legislation. Background on the CTA’s Requirements…
Read MoreRhode Island’s New ‘Housing Legislation’ Does Not Just Benefit Housing Efforts
In an effort to “fundamentally change [the State’s] approach to housing development, particularly for the moderate and affordable development we need most,” the Rhode Island General Assembly recently passed a slew of legislation intended to “cut through the frustrating red tape that is standing in the way of the development of new housing, moving housing…
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The Brass Tacks: IRS Creates Process for Withdrawing ERC Claims
The Internal Revenue Service (“IRS”) recently granted employers a means to avoid interest and penalties on inappropriately taken Employee Retention Tax Credit (“ERC”) claims.[1] This surely will come as a relief to taxpayers who are (or were) concerned that they may have mistakenly claimed ERCs for tax years 2020-2022. As we detailed in our last…
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How Florida’s Live Local Act Expedites Affordable Housing Construction
In the past several years, Florida has seen a population explosion, with over 1,000 people moving to Florida each day.[1] With such a rapid increase in population, demand for housing in suburban and rural areas of Florida is at an all-time high, and the supply of affordable housing has not kept up. To combat this…
Read MoreDouglas Otto — Representative Matters
For a more extensive list of cases and matters handled by Business Litigation & Dispute Resolution Practice Leader Douglas Otto, see below. Complex Business and Commercial Law Successful client representation in numerous contract, business, shareholder and partnership disputes involving financial institutions; insurance agencies; real estate and investment companies; construction trades; product manufacturers; and, technology companies.…
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What Florida’s SB 264 Means for Foreign Ownership of Real Property
This past July, Florida became the latest state to adopt legislation with the goal of restricting foreign governments and individuals from real property ownership. Florida’s controversial new bill, SB 264, Interests of Foreign Countries is the 15th state-level bill enacted in 2023 related to such matters, with state lawmakers introducing similar bills in another 20…
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3 Key Inquiries to Make When Purchasing Rhode Island Real Estate
Whether you are an individual or couple purchasing a home for your family, or whether you represent an entity purchasing a commercial property for a real estate opportunity, and everything in between, understanding the finer details of your target property are becoming increasingly more critical to make good decisions. In a real estate market that…
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