In the realm of mergers and acquisitions (M&A), due diligence is a critical phase where a buyer’s acquisition team assesses potential risks and opportunities before finalizing the terms of an agreement to purchase its target company. The diligence process can be...
Corporate & Securities
Understanding the Legal Framework for Race-Based Set-Aside and HUB Programs
With the National Minority Enterprise Development (M.E.D.) Week awards approaching on October 20–26, 2024, it’s an opportune time to spotlight a few programs that aim to expand opportunities for minority-owned businesses. This article will unpack the complex interplay...
Why Every Content Creator Needs a Lawyer: How to Protect Your Brand and Build a Successful Internet Business
As a content creator, your brand is your livelihood. You work tirelessly to create engaging content, build your audience, and attract partnerships with brands. But amidst the creativity and hustle, there's one critical aspect many content creators overlook— legal...
Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling
On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud cases violates the Seventh Amendment’s...
Crowdfunding: A Double-Edged Sword for Investors and Business Owners
In 2015, the Securities and Exchange Commission (SEC) inaugurated Regulation A+, an expansive amendment to the existing Regulation A exemption of the Securities Act of 1933 (Regulation A). The amendment made Regulation A a more practical alternative to registered...
SEC Brings Action Against Convertible Debt Lender
Recently, the Securities and Exchange Commission filed a complaint against Curt Kramer and three companies owned by Kramer, 1800 Diagonal Lending Company, LLC, Power Up Lending Group, Ltd., and Geneva Roth Remark Holdings, Inc. (Securities and Exchange Commission v....
Recent Developments & Challenges to the Corporate Transparency Act
As we continue to monitor the future of the Federal Corporate Transparency Act (the CTA), which requires certain businesses to file a report disclosing their beneficial owners to the U.S. government, new developments in both federal courts and state legislatures...
The SEC Cracks Down on “AI Washing”
The Securities and Exchange Commission (SEC) has sent clear signals that it will pursue companies for “AI washing” — touting the use of artificial intelligence in ways that are false or misleading. The SEC has imposed fines on two investment advisors for AI washing,...
New York’s LLC Transparency Act: What You Need to Know
While federal legislative and regulatory authorities digest and plan their responses to the March 1, 2024 ruling in the U.S. District Court for the District of Alabama that held the federal Corporate Transparency Act (the CTA) unconstitutional, New York is moving...
Federal District Court in Alabama Deems Corporate Transparency Act Unconstitutional
The U.S. District Court for the Northern District of Alabama (District Court) declared the Corporate Transparency Act (the CTA), which became effective on January 1, 2024, unconstitutional in the case styled National Small Business Association v. Yellen. The effects...