In commercial real estate transactions, landlords and tenants negotiate numerous lease issues, such as rent, term length, permitted uses, and the right to assign or sublet. In the early stages of lease negotiations, the tenant improvement allowance (“TIA”) often becomes a focal point that can ma...
Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease, particularly if there is an issue with the tenant’s creditworthiness. The guarantor may be an individual or another corporate entity which promises to ...
For companies that do business with the federal government, two recent announcements may lead to increased scrutiny on their salary equity practices. On March 15, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued a new directive regarding con...
On March 21, 2022, the Securities and Exchange Commission (SEC) proposed rules to significantly expand and standardize registrants’ climate-related disclosures for investors. By a 3-1 vote, the SEC proposed rules that would mandate disclosures in periodic reports and registration statements to add...
Any business which uses computer networks and other technological services is increasingly at risk of cyber-attacks by criminals ranging from “lone wolf” hackers to foreign governments and even competitors. As news about these brazen acts become more common, small companies and large corporation...
In late July, 2021, the Biden Administration issued a National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (“Memorandum”). Through this action, the government will be establishing preliminary cybersecurity performance goals for both government and ...
Employers and employees alike should be aware that new standards concerning non-compete agreements and other restrictive covenants are on the horizon. On July 9, 2021, President Biden signed a broad executive order called “Promoting Competition in the American Economy,” aimed at expanding worker...
Both new and established businesses should take every possible measure to protect trade secrets and other proprietary information. One of the most common ways is through the use of a non-disclosure agreement (“NDA”) in situations where they are sharing confidential information that ordinarily ...
Businesses have numerous reasons to retain their data besides for internal recordkeeping and privacy concerns. They must also consider the possibility of being entangled in litigation and be forced to turn over records that might be requested by the opposing side. Generally, if a company is involved...
With many businesses still struggling to pay rent due to the nearly year-long pandemic and commercial landlords with troubles of their own meeting their payments to lenders and other creditors, both groups have become increasingly aware of the importance of early termination clauses in commercial le...
As if employers did not have enough challenges due to the global pandemic that has continued to decimate most of the world as we start a new year, business owners and corporate executives face another set of decisions concerning whether to require employees to obtain a COVID-19 vaccination. The fast...
As a large segment of the workforce continues to work remotely, there has been an uptick in technology related scams that leave businesses increasingly susceptible to online scams. Recently the U.S. Justice Department -specifically, the FBI, and the Department of Homeland Security, through its US Cy...
Cybersecurity and data privacy concerns arise in many types of commercial transactions. but greater focus on potential cybersecurity and data privacy issues. Among the most typical transactions involve the potential merger with or acquisition of a target company that operates in certain highly-regul...
Selecting professional advisors, including legal counsel, is one of the key considerations for any start-up. The business founders can not only enhance their chances for success, both short-term and long-term, but also can help the new business avoid costly mistakes. It’s often advisable to...
As we continue working remotely during and even after the pandemic, companies and their employees must rely on communications platforms such as WebEx, Zoom, and Google Meet to conduct business. In many instances, call participants discuss trade secrets or other confidential information, which may no...
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