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
Business Law
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
Business Law
Enforcement Against a Personal Guarantor (Part 2)
If a personal guarantor does not respond to the lender’s demand, the lender has two options to choose from in order to collect the debt. First, the lender can file suit against the personal guarantor and second – he can petition a court for the personal guarantor’s bankruptcy.
Eric Gros-Dubois
May 22, 2020
Bankruptcy
Covid-19 Disaster Assistance Update
The measurements taken to prevent the spread of Covid-19 in the US have caused an economic downturn that is dramatically affecting our country’s small businesses. While Congress was able to enact the CARES Act to provide emergency financial aid to those applied for one of its programs; unfortunately, it has now been reported that funding for these programs has been exhausted.
Silvino Diaz
May 5, 2020
Bankruptcy
Who is a Borrower’s Representative?
Borrower’s Representative means an individual or an organization that is designated by the Borrower to act on behalf of the Borrower by a written certificate and complying with the requirements of the applicable state. The borrower’s representative always requires some written proof of authority before being able to act on behalf of the borrower.
Eric Gros-Dubois
April 29, 2020
Business Law
How to Ensure you are Compliant with the PPP Loan
Over the past several weeks, thousands of businesses have applied for and (some) have received the Small Business Administration’s Paycheck Protection Program loan. An attractive condition of this loan is the potential it to be forgiven. However, the SBA has continued to issue guidance on how to remain eligible for forgiveness, and there are strict protocols that businesses must follow.
Silvino Diaz
April 29, 2020
Business Law
How to Protect your Business Against Trademark Bullying?
Trademark bullying is the process of large worldwide famous companies aggressively asserting their trademark rights over smaller businesses. Even though it is a common practice in the trademark world for trademark owners to “police” the use of their trademarks in the market, sometimes big companies take this “policing” a step further, counting on the inability of small businesses to finance prolonged court litigation over their trademark rights.
Eric Gros-Dubois
April 27, 2020