On Dec. 4, 2018, the Federal Acquisition Regulatory Council finally released a proposed rule to implement changes to certain small business subcontracting regulations required by the 2013 National Defense Authorization Act (NDAA). 83 Fed. Reg. 62540 (Dec. 4, 2018). This is a welcome, if not Continue Reading
Drafters, Nota Bene: A Review of Recent Changes in New Jersey Corporate Law with Drafting Implications
In 2018, the New Jersey State Legislature enacted significant changes to corporate law that, in the aggregate, mirror Delaware corporate law in relevant areas and were intended to make New Jersey a more competitive, business-friendly landscape. In 2019, we can expect to see the effects of those Continue Reading
Understanding Mortgage Acceleration and Its Statute of Limitations Implications
A year ago, pending in New York were nearly 26,000 legacy foreclosures—foreclosures arising from mortgages originated between 2004 and 2008. Many of these mortgages went into default shortly after origination, which was common among toxic mortgages from that period. Legacy foreclosures are Continue Reading
Beyond Bitcoin—Will Blockchain and Smart Contracts Self-Execute Their Way Into the Utility Industry?
Blockchain is being touted as a game changing development—a disrupter or innovator (depending on your view) that will transform how industries conduct business. One thing is clear, what started as the foundation for Bitcoin has evolved well beyond cryptocurrency into a process that has the Continue Reading
The U.S. Government Is Asking Industry to Help Identify ‘Emerging Technologies’
In a highly unusual move, the federal Bureau of Industry and Security is asking U.S. industry to help identify emerging technologies that are essential to national security but currently escape the tangle of laws and regulations that govern — and in some cases restrict or prohibit — the sale or Continue Reading
Jurors Should Ask More Questions during Trials
Picture a courtroom near the end of a two-week civil jury trial. It is a securities class action, where shareholders in Acme Corp. challenge General Merchandise Inc.’s acquisition of Acme. Acme’s directors are defending the deal that they negotiated with General Merchandise. The key issue in the Continue Reading
Tax Cuts: Sham or Rate Relief?
At the end of last year, when the Tax Cuts and Jobs Act of 2017 looked like it would pass Congress and then dramatically drop federal income tax rates, APGA spotlighted Federal Energy Regulatory Commission (FERC)’s responsibility to address that impact on interstate pipeline rates. APGA was Continue Reading
Estate Planning and Administration in the Digital Age
As estate planners and tax advisors, when we think of estate planning and administration, certain assets come to mind. We typically think of real estate, vehicles, jewelry, and other tangible personal property. We might also think of financial assets, such as cash, stocks, and bonds. Those Continue Reading
FIRRMA Becomes Law, Reforming CFIUS, Export Controls, and Forever Changing Diligence in Foreign Direct Investment and Structuring of Public and Private Equity Deals
In June 2018, the White House outlined the threats posed by China’s investment in and acquisition of US companies, noting that China is engaged in "state-sponsored IP theft through physical theft, cyber-enabled espionage and theft, evasion of US export control laws, and counterfeiting and piracy." Continue Reading
Entering the US Market: Legal Hurdles That Manufacturers Must Overcome
From design to delivery, a manufacturer has so much to consider when selling a product in the United States. The US government, as well as independent agencies, police nearly every facet of product development, and the regulations are constantly changing in light of both technological and scientific Continue Reading