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YOU’VE BEEN HACKED: SHOULD YOU (OR YOUR INSURER) PAY THE RANSOM?
It’s 4:00pm on a Friday. You get a text message from a colleague saying they can’t log into their email. Then others start texting you with a similar message. Your IT person reports that there’s unusual activity on your computer network and they’re having trouble remoting into the system. An hour or so later, you get the weekend-ruining-news:...
HOW TO AVOID AN UNWELCOME SURPRISE IN YOUR BUSINESS & ESTATE PLANNING STRATEGY
In 2015, the Rhode Island Division of Taxation issued Declaratory Ruling 2015-01. The question at issue was whether a non-Rhode Island resident decedent’s interest in a multi-member LLC that owned real property was sufficient to subject the decedent’s estate to the Rhode Island Estate Tax. Generally, property has a tax situs in Rhode Island if it...
CREATING A POSITIVE CORPORATE CULTURE STARTS AT THE TOP
Corporate culture is defined in many ways; however, it is generally referred to as the shared values and vision of the company that will serve to achieve short and long-term goals of the business enterprise. It is a top-down dynamic that will impact everyone in the company and is one of the most important responsibilities of a board member....
THE IMPORTANCE OF A SELLER’S CONTRACTS WHEN BUYING A BUSINESS
When purchasing another business, one of the most important aspects of due diligence is reviewing the selling business’ contracts. Often the selling business’ revenue stream is tied to some type of contract. For example, it may get income through services contracts, sales contracts, licensing contracts, or even insurance billing contracts....
“FRUSTRATION OF PURPOSE” DISCHARGES COMMERCIAL TENANT’S RENT OBLIGATION
While specificity is typically a good thing in contract drafting, sometimes, too much specificity can backfire. A commercial landlord in Boston discovered this recently when the Suffolk County Superior Court discharged rent otherwise owed by a cafe operator during the period when the Governor had issued an emergency order banning on-premises...
IS 2021 THE YEAR FOR RHODE ISLAND? SMOKE SIGNALS POINT TO CANNABIS ADULT USE LICENSING
In 2017, the State of Rhode Island expanded its medical marijuana program by creating a licensing process for the cultivation and manufacturing of cannabis and cannabis products for sale at the State’s three sanctioned compassion centers. By all accounts – industry and otherwise – this licensing process was intended to set the table for the...
A “NATURAL DISASTER” – THE PANDEMIC’S IMPACT ON CONTRACTS
Early in the COVID-19 pandemic, we wrote about the legal concept of “force majeure” clauses found in some business contracts. A force majeure clause excuses a party from performing its obligations under a contract based upon some unforeseen and serious event such as a war, riot, insurrection, natural disaster, or other act of God. At that time,...
IMPORTANCE OF CORPORATE GOVERNANCE DURING THE PANDEMIC
It is widely recognized that the system of corporate governance is a key approach to preserving and protecting an enterprise and its stakeholders by checks and balances among the board and officers of a corporation. Strong governance policies make it possible to address potential and existing conflicts between the main parties in the...
IS 2021 THE YEAR FOR RHODE ISLAND? SMOKE SIGNALS POINT TO CANNABIS ADULT USE LICENSING
In 2017, the State of Rhode Island expanded its medical marijuana program by creating a licensing process for the cultivation and manufacturing of cannabis and cannabis products for sale at the State’s three sanctioned compassion centers. By all accounts – industry and otherwise – this licensing process was intended to set the table for the...
Cyber Security in a COVID-19 World
A recently published article by the Harvard Law School Forum provides valuable insight to the multiple challenges being faced due to the pandemic. Although businesses have readily discussed the actions to be taken in the event of a pandemic, the scope of challenges faced resulting from the COVID-19 attack is unprecedented. As governing boards...
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