To heighten an already exciting time of year, yesterday both Houses of Congress passed a substantial re-write of major portions of the Internal Revenue Code of 1986. All that awaits now is the formality of President Trump's signature, which as of this writing has not...
PLDO Law Blog
Month: December 2017
WORKPLACE SEXUAL HARASSMENT: A PARADIGM SHIFT?
With the seemingly daily news reports of sexual harassment scandals, business owners and investors are starting to realize an inconvenient fact: leaving the problem of workplace sexual harassment to the human resources department or middle-managers may no longer be...
Stay Ahead of the Constant Innovations in Cybercrime
Most business owners have been exposed to cybercrime during the past ten years and the rate of attack by these criminals increases daily. Cybercrime includes phishing and spamming, and those performing the criminal act are referred to as "hackers." Cybercrime is...
RI Marijuana Cultivators License Application Process Will Not Reopen in 2018
Late last week, the Rhode Island Department of Business Regulation (DBR) announced that the agency will not reopen the licensed cultivator application process in 2018. In the notice, the DBR stated that under its authority it "may modify the licensed cultivator...
GOVERNOR MCKEE MAKES LONG-AWAITED ANNOUNCEMENT OF RHODE ISLAND CANNABIS CONTROL COMMISSION NOMINATIONS
After much anticipation, Rhode Island Governor Daniel McKee made a move critical to advancing the state’s cannabis legalization efforts by naming his appointments to the new Cannabis Control Commission (“CCC”). The announcement of Kimberly Ahern, the Governor’s...
FIRST CIRCUIT EXPLAINS FLSA OVERTIME REQUIREMENTS FOR ADMINISTRATIVE EMPLOYEES
It is well settled that the Fair Labor Standards Act (“FLSA”) requires employers to pay certain employees overtime pay at one and one-half times the employees’ regular rate. 29 U.S.C.S. §207(a). However, certain employees are exempt from this overtime requirement,...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...