Posts Tagged ‘Brad G. Hickey’
Opportunity Zones: Key Deadlines, Tax Benefits, and What’s Next for Investors
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.…
Read MoreHow New Delaware Amendments Impact Stockholder, Merger Agreements
Over the summer, Delaware enacted a number of amendments to the General Corporation Law of the State of Delaware (the “DGCL”). The amendments were largely crafted in response to several recent decisions by the Delaware Chancery Court (the “Court”) that the transactional bar had concerns over. Stockholder Agreements The Moelis Decision In February 2024, the…
Read MoreFor Founders, Raising VC Funds Comes From Being in the ‘Know’
We have previously written regarding founders’ choice of entity decisions as well as a number of tips for entrepreneurs to keep in mind as their businesses begin to operate and grow. But for those founders who have eyes on raising additional capital through Series funding rounds, there are additional considerations to navigate before making those…
Read MoreFifth Circuit Puts the Brakes on SEC’s Private Fund Rules: What’s Next For Private Fund Advisers
In a continuation of recent court decisions overturning the rule-making authority of federal agencies, a recent decision by the U.S. Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (SEC) Private Fund Adviser Rules (the “Rules”), which had been adopted in August 2023. The Rules were aimed at increasing regulatory requirements…
Read MoreAdverse Possession in a Closely Held Company? ‘Stash’ This One Away
Imagine for a moment that you’re a shareholder in a closely held corporation. In most jurisdictions, that status as a shareholder obligates you to a heightened fiduciary duty to your fellow shareholders. Now imagine that your closely held corporation is in the real estate business, and one of your fellow shareholders sues the corporation for…
Read MoreBuyer’s Market? Real Estate Broker Verdict’s Effect on Marketplace
A recent federal jury verdict in Missouri has gotten the attention of real estate industry professionals around the country. The jury in Sitzer v. National Association of Realtors et. al (Case No. 4:19-cv-00332-SRB) ordered the National Association of Realtors (“NAR”) and a number of the nation’s largest real estate franchises to pay $1.78 billion in…
Read MoreWhat 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…
Read MoreNot Theirs for the Taking: SCOTUS Rebuffs County’s Full Property Seizure
From Cicero’s De Officiis to the Magna Carta and the homesteaders of 1862 to the millennials of 2023, humankind has long recognized the importance of a place to call home. Codified in the Fifth Amendment (“…nor shall private property be taken for public use, without just compensation”) and bolstered by over 200 years of case…
Read MoreNew M&A Broker Exemption: To Be or Not To Be, That Is the Question
On March 29, 2023, a new exemption from SEC registration for brokers providing services in mergers and acquisitions (“M&A”) transactions officially went into effect. The exemption, outlined in Section 501 of the Consolidated Appropriations Act of 2023, is welcome news to the many M&A practitioners whose practices had previously been reliant solely on the SEC…
Read MoreProtection From Panic Starts With These Proactive Banking Strategies
The fast and furious developments related to Silicon Valley Bank (“SVB”), Signature Bank, and others had depositors, employees, landlords, lawyers, accountants, and fiduciaries from nearly every sector scrambling for solutions to very real and challenging liquidity problems for their businesses and clients. Fortunately, after stepping in as receiver last Friday, the Federal Deposit Insurance Corporation…
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