Over the past few years, we have seen representation and warranty insurance (RWI) gain a larger foothold in middle and lower-middle market M&A transactions. With more insurers entering the [...]
This post was written by David Jaffe. For lower middle market growth companies, there’s never been a better time to consider a sale or private equity recapitalization transaction. In a [...]
The Third Circuit Reminds Employers to Provide Background Check Reports
In Employment and Labor, Risk Mitigation PostedA recent decision by the United States Court of Appeals for the Third Circuit in Long v. SEPTA should serve as a reminder that companies which use background checks to screen job applicants must [...]
Avoid Missteps With New Amendments to the Pennsylvania Contractor and Subcontractor Payment Act Going Into Effect On October 10th
In Corporate Issues PostedRecent amendments to the Pennsylvania Contractor and Subcontractor Payment Act affect virtually all non-public construction contracts entered in the commonwealth on or after October 10, [...]
Seize the Day! Taking Full Advantage of the Defend Trade Secrets Act Seizure Remedy to Protect Your Business
In Risk Mitigation PostedThe Defend Trade Secrets Act of 2016 (the “DTSA”), which created, for the first time, a federal cause of action for trade secret misappropriation, is a little over two years old now. One of the [...]
European General Data Protection Regulation Affects US Businesses
In Corporate Issues, Information and Business Technology, Intellectual Property PostedMany US businesses have avoided addressing compliance with the General Data Protection Regulation (GDPR) which took effect May 25, 2018. This is typically based on erroneous conclusions such as: [...]
Preferred Stock Demystified (Part III): Non-Convertible, Double-Dip Participating Preferred Stock
In Corporate Issues PostedLike non-convertible, straight preferred stock, non-convertible, double-dip participating preferred stock has a fixed, accruing dividend and a senior liquidation preference pursuant to which the [...]
Last week, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking, seeking to narrow the circumstances under which two or more separate employers may be joint-employers [...]
The American Arbitration Association has introduced Alternative Fee Arrangements for arbitrators. In lieu of the traditional hourly rate billing, for any two party commercial or construction [...]
Preferred Stock Demystified (Part II): Non-Convertible, Straight Preferred Stock
In Corporate Issues PostedNon-convertible, straight preferred stock is the most basic type of preferred stock. It is called “straight” preferred stock because it has a fixed dividend (often 8%) that continues to accrue if [...]