Business Law
What is a Force Majeure Clause in a Contract?
What is a Force Majeure Clause in a Contract? A force majeure clause is a provision typically added to contracts
Eric Gros-Dubois
May 26, 2020
Eric Gros-Dubois
Tax Law
Who Does the SEC Oversee?
The Securities and Exchange Commission (“SEC”) is an independent government agency created to regulate corporate securities while maintaining fair market practices. The SEC is commanded by a five-member commission who act cooperatively to enforce the rules and regulations that make up the securities market. Their authority is derived from the Securities Act of 1933 and the Securities Exchange Act of 1934.
Eric Gros-Dubois
May 26, 2020
Tax Law
What is the Purpose of the SEC?
The U.S. Securities and Exchange Commission is a governmental agency that serves the purpose of protecting investors from fraud and maintaining fairness and efficiency of the U.S. market. One of the main goals of the SEC is to mandate disclosures about all kinds of investments to both small and big businesses.
Eric Gros-Dubois
May 26, 2020
Employment Law
What Is HIPAA?
The HIPAA stands for The Health Insurance Portability and Accountability Act. This federal Act protects the privacy of patient information from third parties. Therefore, most healthcare providers such as healthcare insurance companies, hospitals, etc. can only disclose patient information in cases when the HIPAA allows the disclosure. Under the HIPAA, apart from disclosing the patient’s information for treatment purposes, only “the minimum necessary to accomplish the purpose of the disclosure” can be revealed.
Eric Gros-Dubois
May 26, 2020
COVID-19
Rehiring Furloughed Employees Post-Covid-19
A furlough is a temporary, unpaid leave of absence, with an expectation that an employee will return to his or her job at a specific time. A furlough could also include reduced hours of work or work weeks. Ultimately, a furloughed employee remains an employee.
Eric Gros-Dubois
May 25, 2020
Business Litigation
Securities Class Action Lawsuits
A securities class action lawsuit is filed by investors who have bought or sold a company’s publicly traded securities within a class period and have suffered economic injury as a result of violations of securities laws.
Eric Gros-Dubois
May 25, 2020
Tax Law
What are Accredited Investors and what is a Private Placement Memorandum?
The reason for such disclosures is to protect the company in the event things fall apart and the investors try to sue the company for securities fraud for example. Such disclosures will be used as the company’s defense. One of the best ways to provide such disclosures is through a document called a Private Placement Memorandum (aka PPM).
Eric Gros-Dubois
May 25, 2020
Business Law
What if I’m a Small Business Owner and I’m Looking to Protect my Life-long Legacy?
While it can be emotional to imagine the state of a business after your passing, it can prove crucial in the protection of your legacy. The reality is that your sudden passing can lead to thousands or millions of dollars in losses for your business, and even starker consequences for your family.
Eric Gros-Dubois
May 22, 2020
Business Law
Consumer Class Action Lawsuits
In a class action lawsuit, only one lawsuit is filed on behalf of an entire group of injured parties. Very often, for example, such lawsuits unite many individuals and go after a large company that has produced defective products that have causes injury or loss to every individual member of the class action lawsuit. The settlement that such a lawsuit results in is typically divided between all of the individual plaintiffs.
Eric Gros-Dubois
May 22, 2020
Business Law
Enforcement Against a Personal Guarantor (Part 1)
A personal guarantee is an individual or business entity that guarantees responsibility for another’s financial obligation, should they ever fail to repay their lender. Personal guarantee’s usually come in when securing a debt for a loan such as a car finance or mortgage, but the guarantor is not contractually liable for any part of the loan unless the debtor fails to make a payment.
Eric Gros-Dubois
May 22, 2020
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