Practical perspectives for contemporary legal challenges.
When it’s time to finally sell your company or if you’re exploring a potential acquisition target, one of the first documents you will encounter is the confidentiality agreement or non-disclosure agreement (“NDA”). You say to yourself, I’ve seen hundreds of NDA’s (perhaps more) in my day-to-day business, so “I’m fine signing just another NDA!” However, …
Continue reading “Just Another NDA? Why M&A Confidentiality Agreements Are Different”
As a trust and estates and tax attorney, I am frequently asked by clients (and colleagues) if there are options to reduce the income tax burden they expect to pay on portfolio income or when they expect to experience a liquidity event in the future. Clients who live in high-tax states (e.g., states with a …
Continue reading “A Smart Way to Plan for High State Income Taxes: The Nevada ING Trust”
While Chapter 11 does not require debtor insolvency, it does require good faith (applicable to the petition and the plan), which for solvent debtors seeking to reject and modify lease-counterparty rights, includes establishing some level of financial distress susceptible to resolution through the plan process. Key takeaways While Chapter 11 does not require insolvency, it …
Continue reading “Colorado Bankruptcy Court Pushes Back on Chapter 11 Filings by Solvent Debtors”
On January 16, 2026, the Federal Trade Commission (“FTC”) published to the Federal Register the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) merger-reporting thresholds for 2026. Each year, the FTC is required to adjust the thresholds under the HSR Act to correspond with changes in gross national product. The thresholds for 2026 will increase …
Continue reading “2026 FTC Updates to HSR and Clayton Act Threshold”
Trademarks are generally recognized as an essential and major component of each company’s economic value.[1] In fact, a well-recognized report indicates that company trademarks and other intellectual property assets represent 90% of the market value of businesses included as part of the S&P 500. In recent years, larger cannabis companies expanded their brands to reach …
Continue reading “What Does the Revised Definition of Hemp Mean for Trademarks?”
The Corporate Transparency Act (the “CTA” or the “Act”) has dropped off of most people’s radar, perhaps prematurely. Although December 2025 was not the CTA roller coaster that December 2024 was,[1] it still provided some year-end entertainment. You may remember that the Financial Crimes Enforcement Network, an arm of the U.S. Department of the Treasury (“FinCEN”), …
Tennessee’s Alcoholic Beverage Commission (TABC) has moved decisively into the hemp space. Emergency rules adopted in September 2025 now require mandatory age verification and prohibit sales of Hemp-Derived Cannabinoid Products (HDCP’s) to anyone under 21. Beginning January 1, 2026, TABC will also roll out a three-tier licensing system for hemp-derived cannabinoid products (suppliers, wholesalers, retailers), …
Continue reading “TABC Tightens Rules on Hemp-Derived Cannabinoid Products, COAs, and Retail Sales”
After half a decade of development and review, the U.S. Department of Defense (DoD)*/ will implement contracting regulations, effective November 10, 2025, making the Cybersecurity Maturity Model Certification (CMMC) Program a reality for hundreds of thousands of companies across the defense industrial base (DIB). More than ever before, companies doing business with DoD, either as …
Continue reading “Preparing for CMMC: Navigating DoD’s New Cybersecurity Rules”
On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The Court’s decision restores an important tool for all Title V sources facing potential enforcement as a result of emergency technological …
Continue reading “Key D.C. Circuit Decision Revives CAA Emergency Event Affirmative Defense”
What Happened? On January 8, 2025, the United States Department of Justice (“DOJ”) issued a final rule (“Final Rule”) to implement Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (“EO 14117”). The Final Rule aims to restrict or prohibit certain categories of data …