Wait – Before Selling Your Business, Do a Risk Assessment

Whether a strategic buyer, a private equity investor or another type of purchaser, most buyers prefer to avoid risk. So much so, that most buyers will pay a premium if the equity or assets they are purchasing don’t come with excessive legal baggage, liability, or other risks.Many business owners have given extremely large amounts of… View Article


Importance of Keeping Good Corporate Records

Buyers, investors, and underwriters. What do these three groups have in common? They all generally engage in pre-transaction diligence before moving forward with a transaction (e.g. purchase, investment, IPO, etc.) to ensure that there are no weird or non-market terms in organizational documents or other issues that may throw a wrench in the deal or… View Article


Residential Real Estate Professionals: Ten Tips to Decrease Your Chances of Getting Sued or Losing a Lawsuit

Many real estate licensees share a common goal – don’t get sued. But licensees who work “by the book” can still get sued. In fact, I’ve known many great real estate professionals who have found themselves in the middle of disputes (some petty, some catastrophic).To drive this point home, imagine two licensees.The first licensee plays… View Article


Ownership of Domains: A Small Issue that May Become a Big Problem

Domain names are often one of the main identifiers of a business, its identity, its intellectual property and its website. A domain name generally corresponds to a certain IP (Internet Protocol) resource or address within the Domain Name System (essentially, the phone/address book for the internet).Ownership of domain names is different than many other types… View Article


Tax Credits Are Your Friend

Approximately half of the states in the United States now offer some sort of tax credit to spark entrepreneurial growth and/or start-up investment. Each state tax credit program is unique and has different requirements and benefits (types of business or industry, amount of tax credit, refundable or non-refundable tax credits, etc.) but Minnesota has an… View Article


Mobile App Developers: Are You Developing a Secure Mobile App?

Who is asking? The U.S. Government. Specifically the Federal Trade Commission’s Bureau of Consumer Protection. With the continuing growth of mobile applications, the FTC has increased its awareness of the mobile marketplace. This increased attention is highlighted by the recent actions against mobile app developers (e.g. Credit Karma, Inc. and Fandango, LLC).The two companies mentioned above… View Article


Real Estate Developers Beware: United States Securities Laws Often Apply in the Condo/Hotel Context

For purposes of this post, condominium hotels, or “condotels,” are essentially real estate projects or properties that combine the convenience and control of condos with the amenities of a hotel (room service, maid service, valet parking, etc.). Condotels often include a rental and/or management component that allows a third party to rent the condo owner’s… View Article


Certain Inherited IRA Accounts are NOT Exempt in Bankruptcy

The title of this post is essentially the holding of the Supreme Court of the United States in Clark v. Rameker, 573 U.S. ____ (2014). Many debtors qualify to exempt certain “retirement funds” in a bankruptcy filing/case. However, in Clark the Supreme Court held that inherited IRA accounts, what most people would still consider “retirement funds,” are not exempt under… View Article


ADA Compliance for Websites and Mobile Applications

The Americans with Disabilities Act (the “ADA”) is widely known for its accessibility requirements relating to certain buildings and other spaces (e.g. hotels, restaurants, and other commercial improvements). Recently, however, more consumers have initiated class action litigation for ancillary items used by these places of “public accommodation.” For example, several class-action lawsuits have been filed… View Article


Exporting through the Cloud – Where is Your Data Going?

Use of Cloud-based services has grown rapidly over the last five years. Cloud service providers (“Cloud Providers”) are increasing in numbers and cloud-based offerings are being offered to the general public with increasing frequency. Many companies are choosing to host Software-as-a-Service (SaaS) products and other offerings in “the cloud.” And many companies, from start-ups to… View Article