How 2026 Will Reshape Business and Corporate Law
How 2026 Will Reshape Business and Corporate Law – governance, transparency, tax planning, and AI oversight shape valuation and deal risk.
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Understanding 83(b) Elections: A Guide for Holiday Bonuses
Explore the strategic nuances of 83(b) elections with our guide designed to help employees and founders navigate tax implications, maximize benefits, and understand risks associated with equity in holiday bonuses. Gain insights into making informed decisions and optimizing tax outcomes.
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SEC Modernizing Private Securities Offerings
The amendments adopted by the SEC should serve to lower the barrier for smaller companies to engage with investors in the private markets and to raise capital from a wider pool of investors. These amendments will also simplify future exempt offerings by eliminating certain potential pitfalls and causes for unnecessary uncertainty. The new amendments, while not seemingly groundbreaking, demonstrate that the SEC is open to continually adapting to the times to facilitate better functioning private markets and the growth of small and medium-sized businesses.
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The Benefits of the GDPR Two Years In
The General Data Protection Regulation (the “GDPR”), promulgated by the EuropeanCommission, was adopted in April 2016 and became effective in May 2018. Rarelymentioned with positivity in the past two years, the GDPR standardizes dataprotection laws across the European Union and applies to companies located outsideof the EU that offer goods or services or are monitoring…
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Part Two: Managing Equity Incentive Plans in a Volatile Market
Thisblog post is part two of two discussing equity incentives and ways foremployees to liquidate a portion of their shares while the company remainsprivate. Part One discussed the issuance of equity incentives to employees andother key personnel. Focusing now on already issued and vested equityincentives (for illustrative purposes hereof, we will focus on stock options),this…
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Part One: Managing Equity Incentive Plans in a Volatile Market
This blog post is part one of twodiscussing equity incentives and ways for employees to liquidate a portion oftheir shares while the company remains private. Most companies are in the middleof granting 2020 annual equity awards. This granting of equity awards ishappening simultaneously with the COVID-19 outbreak and the larger volatilityon business operations and financial…
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Data Processing Addendums for California
Earlier this month [January 2020], the California Consumer Privacy Act became effective with many companies scrambling to become compliant with the law. While there are many ambiguities in the law and the California Attorney General is still finalizing his draft regulations, companies are continuing to create their legal frameworks to comply with the law nonetheless. Part of this…
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Regulation Enforcement of CryptoCurrency Sept-2018
The Financial Industry Regulatory Authority (“FINRA”) announced on Tuesday, September 11, 2018, its first disciplinary action for securities violations against a cryptocurrency. The disciplinary action involves Rocky Mountain Ayre, Inc. (RMTN) in connection with its issuing and selling of HempCoin, which was marketed as “the first minable coin backed by marketable securities”. Ayre bought the…
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Do ICO’s Seek an Expectation of Profit Solely from the Efforts of Others?
In a previous article, we discussed the second prong of the Howey test – a “common enterprise” – and the US Circuit Courts’ fragmentation on the issue and lack of uniform definition. In this third and final part of our series pulling apart the Howey Test, we’re looking at the third and fourth prongs of…
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What is a Common Enterprise and is Bitcoin or Ethereum one?
In a previous article, we discussed the first prong of the Howey test – an “investment of money” – through the lens of so-called ‘airdrops’. Moving on to the second prong – a “common enterprise” – requires us to take a step back and consider multiple angles. While courts, generally, have been quick to find…
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