Practical perspectives for contemporary legal challenges.
On February 13, 2026, FinCEN issued an Order providing “exceptive relief” to covered financial institutions (including banks, savings associations, and broker-dealers). The order simplifies the requirements for obtaining beneficial ownership information (“BOI”) for a legal entity customer each time the customer opens a new account. Under the Order, a covered financial institution is required to …
Continue reading “FinCEN Simplifies CDD Requirements for Financial Institutions”
Commercial auto, workers’ compensation, and general liability insurance receive the lion’s share of attention from the captive marketplace. This focus is understandable. Commercial auto and workers’ compensation insurance are not only legally mandated but often contractually required. Liability insurance (CGL) indemnifies the insured against the most ubiquitous cause of action – negligence, making it a …
Continue reading “Understanding Warranty Risk: How Warranties Work – Part 1”
When tenant debtors continue to use leased space after filing for bankruptcy, they, by definition, benefit from such use. Landlords often hold off on pressing available remedies because of the debtor’s continued use and failure to reject. The TRP Brands decision confirms that tenant debtors cannot have it both ways: post‑petition use induces landlord reliance, constitutes a …
Continue reading “You Use It, You Pay for It: TRP Brands Reinforces Landlord Rights”
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”