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 [...]
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, [...]
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 [...]
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 [...]
The SEC Announces Its First Enforcement Actions in Connection with Coin Offerings
In Corporate Issues PostedThe SEC announced today (Sept. 11, 2018) a pair of enforcement actions, the first of their kind, both in the digital securities or “coin” space. In 2017, the SEC issued its DAO Report, [...]
Preferred stock provides flexibility in structuring investments. It can furnish various dividend and participation rights (such as rights to participate with common stock in proceeds from company [...]
On August 13, 2018, the Foreign Investment Risk Review Modernization Act (FIRRMA) was signed into law. FIRRMA substantially expands the scope of transactions eligible for review by the Committee [...]
Many lower middle market business clients looking for financing options often hear their bankers and financial advisors refer to mezzanine capital, but few understand its true purpose and [...]
The attorney-client privilege protects from discovery or other disclosure confidential communications between an attorney and a client for the purposes of obtaining or providing legal assistance. [...]