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Employee & Consultant Considerations for Start Ups

A founder’s success may hinge on selecting a group of like-minded and passionate individuals to join the business. After all, as Steve Jobs reminds us, “a small team of A+ players can run circles around a giant team of B and...more

Intellectual Property Considerations for Start-Ups and Emerging Companies

As technology becomes more prevalent in business, the need to understand intellectual property has become of paramount importance. Broadly speaking, intellectual property describes intangible assets that are subject to...more

Initial Financing Options for Start-Ups and Emerging Companies

Even before formation, it is critical to consider how a business will be funded, both initially and in the long term. A business’s initial capital structure can have important implications for the type of financing it is able...more

Business Formation Considerations for Start-Ups and Emerging Companies

As corporate attorneys, we come into regular contact with new businesses and have the opportunity to watch as ideas evolve into products, services and creations that better serve society. We also are acutely aware of the...more

Fifth Circuit Strikes Down SEC Rule Regulating Private Investment Funds

On June 5, 2024, a three judge panel of the U.S. Fifth Circuit Court of Appeals unanimously struck down the Securities and Exchange Commission’s (“SEC”) final rule, which created onerous restrictions for managers of private...more

New York Cannabis Reguations – Are You a True Party of Interest?

As the New York State Office of Cannabis Management (“OCM”) has started accepting applications for the adult-use cannabis market, it is important to be aware of certain ownership requirements. The New York State Cannabis Law...more

Investment Advisers Act Amendments

The Securities and Exchange Commission (“SEC”) adopted new private fund adviser rules and amendments (the “Amendments”) to the Investment Advisers Act of 1940 (the “Advisers Act”). These Amendments create new obligations for...more

Celebrity Endorsers and Potential SEC Scrutiny

As one of the most famous individuals in the world, it is not uncommon for Kim Kardashian (“Kardashian”) to make headlines. Recently, the headline related to fines and penalties to be paid to the Securities and Exchange...more

Digital Assets Key Terms Overview

The first Bitcoin ETF began trading today in the United States. Although this ETF is a Bitcoin Futures ETF, the world’s largest digital currency manager announced today that an application to convert its Bitcoin Trust into a...more

How to Use Cryptocurrencies

Uses of Cryptocurrency Overview- As previously detailed, there are a number of regulations surrounding Cryptocurrencies which vary by location (State Regulations) and by federal agency (FINCEN Regulations, IRS Regulations,...more

Cryptocurrencies And The Commodity Futures Trading Commission

As previously discussed, there are quite a few regulatory schemes surrounding Digital Assets and Cryptocurrencies. In addition to the FinCen Rulings, each State has its own regulations. The Internal Revenue Service (“IRS”)...more

Cryptocurrencies And The Securities And Exchange Commission

As previously discussed, in addition to the State Regulations and FinCen Rulings pertaining to Digital Assets and Cryptocurrencies, there are a host of other federal agencies with regulations that affect the industry. The...more

Cryptocurrencies And The Internal Revenue Service

There are multiple regulatory schemes to be aware of when considering or pursuing opportunities within the Digital Asset and Cryptocurrency industries beyond the various State Regulations and the FinCen Rulings. In what looks...more

Digital Assets And Financial Crimes Enforcement Network Rulings

In recent months notable investors, wealth managers, and banks have begun to explore (if they were not already invested in) bitcoin and other cryptocurrencies. Many banks are beginning to offer cryptocurrency investment...more

State Regulations Of Digital Assets

As digital assets, and cryptocurrencies specifically, have continued to gain worldwide popularity, you might be wondering whether you can pursue opportunities within the industry. The answer in large part depends on what type...more

COVID-19 Alert – CARES Act Provider Relief Fund

As part of the CARES Act, $100 billion of relief funds have been designated to assist hospitals and other healthcare providers on the front lines of the COVID-19 response. The funds are used to support healthcare-related...more

SBA Issues Additional Guidance On Affiliation Rules

In connection with the relief being offered to small businesses as a result of the impact of COVID-19, the CARES Act has modified certain provisions of the Small Business Administration’s (“SBA”) size and affiliation...more

COVID-19 Alert – New York Essential Business Guide

As the COVID-19 pandemic evolves, Governor Andrew Cuomo continues to reinforce his initial mandate limiting in-person business operations solely to Essential Businesses throughout the State. In an effort to facilitate the...more

COVID-19–Status Of New Jersey Business Operations As Of March 30, 2020

Pursuant to a series of Executive Orders issued by Governor Phil Murphy in response to the COVID-19 pandemic (together with related guidance and orders issued by the Office of Emergency Management), certain businesses must...more

COVID-19 Alert: New York City Offers Small Business Assistance

As COVID-19 continues to negatively affect commerce around the country, there are different programs available to help businesses in need. In addition to the Small Business Association’s recent expansion of its Economic...more

SBA Expands Disaster Loan Program For Small Businesses Impacted By COVID-19

In an effort to assist small businesses impacted by the Coronavirus, the Small Business Association (SBA) has recently expanded access to its Economic Injury Disaster Loan program for small businesses and private nonprofit...more

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