Pannone Lopes Devereaux & O’Gara
Attorney Blog
Comparing Start-Up Valuation Methods
In our Business Law practice, we routinely deal with entrepreneurs and investors who are trying to structure an investment opportunity on the basis of the company’s value before the outside investment is closed. This challenge exists whether the investment will be with debt or equity. The backdrop in many of the discussions relates to how to...
Due Diligence Considerations for Entrepreneurs and Investors
Representing clients seeking to invest in a venture or finance a new business opportunity is a challenging experience for the lawyer as it routinely involves outlining the steps and various issues that are involved in the process of either type of transaction. The discussion would involve addressing equity and non-equity financing structures and...
Investment Structures in a Business Transaction
The process of negotiating an investment opportunity is oftentimes intimidating for first time investors or entrepreneurs. The business jargon is confusing, while the terms and conditions vary for each investment. The non-equity investment terms will vary from lender to lender, which requires careful examination by an accountant or lawyer. The...
Courts Start To Weigh In On COVID-19 Lawsuits
PLDO recently issued an advisory about the forthcoming explosion of lawsuits arising out of the coronavirus pandemic. Specifically, the article addressed the legal concept of “force majeure” and predicted that many businesses will claim that the pandemic prevented them from performing their contractual obligations, which is the thrust of force...
Employee’s “Odd” Behavior Justified Mandatory Drug Test
Most employers know that they cannot insist that an employee take a drug test unless the employer has “reasonable grounds” to believe that an employee’s job performance is impaired by drug use. Also, the employer must observe contemporaneous evidence of impairment such as behavior or speech. It is not simply enough to have a hunch or a suspicion...
Influencer Marketing Expansion Attracts Federal Regulators
The “influencer” marketing industry, which is predicted to become a $15 billion industry by 2022, is rapidly expanding, and with COVID-19 ramping up e-commerce, brands are increasingly turning to this marketing strategy. Influencers are people with varying amounts of online followers who promote and advertise products and services on YouTube,...
How Will COVID-19 Tracking Apps Affect Privacy?
America is grappling with a compelling question during the coronavirus pandemic: should we allow Big Tech and the government to use our smartphones to track our movements, body temperature, and activities to slow the infection rate? As explained by the wonderful documentary Terms and Conditions May Apply, history provides some guidance here....
Navigating Mortgage Relief Options Under The CARES Act
Homeowners challenged to stay current with their mortgage payments due to the COVID-19 crisis are finding relief in several federal emergency measures provided in the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act. Two provisions include a 60-day foreclosure suspension or moratorium on filing new foreclosure actions or...
Remote Notarization Has Arrived in Rhode Island (Temporarily)
On Friday, April 3, 2020, Rhode Island Secretary of State issued revised Standards of Conduct for Notary Publics in the State of Rhode Island and Providence Plantations, adding Section 8, which authorizes Remote Online Notarization (RON) of legal documents during the COVID-19 crisis. This revision aligns with Governor Gina Raimondo’s Executor...
Enhanced Bankruptcy Options For Small Businesses Under The CARES Act
With little fanfare, the Bankruptcy Code received its first major revision in 15 years in February 2020. This new revision – called “Subchapter V” – is primarily designed to make it easier for qualified small businesses with total secured and unsecured debt of up to $2,725,625 to declare bankruptcy, reorganize their affairs, and come out of...
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