Financial Poise

Business Law

Woman whispers to man, symbolizing an accredited investor keeping confidential business information

The Civil Courts: When Your ‘Confidential Business Information’ Isn’t So Secret

In a civil court case, your confidential business information is only as confidential as the judge allows. Read about Purdue Pharma’s high-profile case.

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apple cell phone with social media icons illustrating Communications Decency Act

The Communications Decency Act and the Rise of the Trolls 

Section 230 of the Communications Decency Act protects internet companies from litigation of content posted by third parties. Should they have immunity?

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401k lawsuit

4 Steps All Companies Should Take to Protect Themselves from a 401(k) lawsuit 

401(k) lawsuits are on the rise. Take these four important steps to ensure retirement plan options are transparent and reasonable.

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trump tariffs hit Chinese imports

Expert Advice on Surviving the 2019 U.S. Importers Crisis

How to Lessen the Impact of the New Tariffs Recently, The U.S. raised tariffs on $200 billion worth of products from 10% to 25% with a threat to levy additional tariffs on an additional $325 billion worth of goods from China. These new tariffs follow a host of previous White House-imposed duties on various trading […]

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measuring the loss of trade secret theft

Case Assessment on Trade Secret Misappropriation

How does the court calculate damages in trade secrets misappropriation cases? Learn how to measure actual loss, reasonable royalty rates and other remedies.

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Business Divorce

Breaking Up Is Hard to Do: Surviving a Business Divorce

Conflicts between business partners are nearly inevitable. Thankfully, there are a number of ways for parties to negotiate up-front. Precautionary agreements give you space to resolve issues more easily or, at least, provide a picture of what the result will be when resolution is not possible.

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spinal tap lawsuit

This Lawsuit Goes to 11: Fraud and the Economic Loss Rule

The “This is Spinal Tap” Lawsuit If you’ve never seen This is Spinal Tap, close your browser immediately and watch. The 1984 “mockumentary” about a fictitious British rock band touring America belongs on the Mount Rushmore of movie comedies. It birthed a new style of storytelling, and it is impossible to imagine The Office, Parks and […]

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reasonable cybersecurity measures

Understanding “Reasonable Cybersecurity Measures” to Safeguard Data

Reasonable Cybersecurity Measures for Protection After collecting personal information, businesses must take “reasonable measures” to safeguard it. Some states, such as Florida and Alabama, have this standard (or a similar one) in their cybersecurity statutes. On the federal level, the Federal Trade Commission has brought numerous enforcement actions against companies for engaging in “unfair” cybersecurity […]

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The New York City Bar Versus The Litigation Funding Industry

The New York City Bar Versus the Litigation Funding Industry

Let’s Talk Litigation Funding A July 30, 2018, legal ethics opinion from the New York City Bar Association (“NYCBA”) raises concerns about a common structure used for funding of litigation. In particular, the NYCBA Professional Ethics Committee concludes: “Under Rule 5.4(a) [of the New York Rules of Professional Conduct], a lawyer may not enter into […]

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business valuation tax act of 2017

Business Valuation Tax Act of 2017: Comparability and Calculation

What is the Business Valuation Tax Act of 2017 Anyway? The Business Valuation Tax Act of 2017 (Tax Act) has introduced changes to the financial and regulatory landscape that specifically affect business valuation in the context of C-Corporations. This article provides a general overview of commonly used valuation methodologies and highlights a few key effects […]

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