Real estate developers face a complex, evolving landscape for wetland permitting in Florida in light of the loss of the state’s permitting authority, combined with recent federal executive actions and changes to Section 404 of the Clean Water Act (the “CWA”). These state and federal developments create challenges for developers seeking to build hospitals, schools or housing in or near wetlands in Florida.
Context and Legal Background
Section 404 of the CWA regulates the discharge of dredged or fill
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How to Be Removed From a U.S. Sanctions Watchlist List
U.S. sanctions are a powerful tool used to influence the behavior of foreign governments, individuals, and entities. Placement on any sanctions watchlist maintained by a regulatory agency can have devastating financial, commercial, and legal consequences, including freezing U.S. assets, restricting travel to the U.S., blocking U.S. financial transactions, and enduring a damaged reputation worldwide. Given the substantial penalties levied against international banks and foreign and domestic businesses that violate U.S. primary and secondary sanctions laws, complying with regulations is
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Delaware Supreme Court Decision Could Impact Post-Closing Indemnification Rights in M&A Deals
Parties to mergers, acquisitions and other corporate transactions have long relied on the Delaware courts’ predictable interpretation and enforcement of contracts as written. Recently, the Delaware Supreme Court (the “Court”) has signaled a potential change of course in its decision in Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC (“Thompson Street Capital“). Drawing on public policy arguments outside the four corners of the merger agreement at issue in the case, the Court suggests that
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Can Damage to a Customer’s Vehicle Caused by an Employee be Deducted from that Employee’s Paycheck Without Special Consent?
In Wisconsin, if an employee caused damage to a customer’s vehicle, can we deduct the cost from the employee’s paycheck without special consent?
Short answer—no, the employer must have provided consent or some form of written agreement with the employee in order to deduct the cost of the damages form the employee’s paycheck.
Under Wisconsin law, it is unlawful for an employer to make deductions from an employee’s earned wages for “defective or faulty workmanship, lost or stolen property
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I Paid for That Software to Be Developed, So Why Don’t I Own It?
You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case.
Consider the two similar scenarios below:
Suppose that your company is fortunate enough, or substantial enough, to have one or more software developer employees. Suppose also that one of your software developers writes the code for a new computer program that you would like to market.
Now, suppose your company
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The Deal is in the Details
In any transaction, the spotlight usually shines on the main agreement. That’s where the negotiation happens, the signatures go, and the headlines get made.
But the real guts of the deal? They’re often found in the documents no one talks about.
Lien releases. Bills of sale. Assignments. Resolutions. Certificates. Notices.
These so-called ancillary documents may not get much attention, but they’re what make the deal enforceable, functional, and safe. They transfer ownership, clear title, allocate risk, and ensure everyone
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Code Breaking Business Entity Names
Many people choose to start running their business by just starting to do their thing. If it is by themselves, they are a sole proprietor. Lots of hairdressers do that. Get a chair, some scissors, and a whole lot of skill, and ta-da! A business! Some join with one or two others to start, and now we have a general partnership. In neither case do they have to inform the government that they are up and running (unless there
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Is My U.S.-Based Company Subject to the GDPR?
If you are a compliance professional for a U.S.-based company, you have probably been told at some point that you have to worry about the General Data Protection Regulation (GDPR).
Have you encountered one of these situations?
- A vendor or customer tells you to sign a lengthy and very technical GDPR data processing agreement (“DPA”) as part of your contract.
- You are told to be prepared to respond to a data subject access request (“DSAR”), a burdensome GDPR information
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If You’re Using AI in Your Business, Start Here
A lot of the businesses we work with are experimenting with AI tools – drafting content, summarizing data, even building internal workflows. And understandably so: these tools are accessible, affordable, and increasingly powerful.
But we’re also seeing a familiar pattern emerge. AI is easy to use, and just as easy to misuse.
If you’re a business owner or decision-maker navigating this terrain, here are a few questions worth considering. These aren’t meant to scare you off. Rather, they’re designed
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From LLC to C-Corp Without a Tax Hangover
If your startup began life as an LLC, you’re not alone. A lot of founders are told that starting as an LLC is “easier” or “cheaper.” That might be true on paper, but if you’re planning to raise venture capital (even eventually) it’s usually better to start as a C-Corporation.
Here’s one reason why: converting from an LLC to a C-Corp during a financing round can trigger a surprise tax bill if you’re not careful.
When a company converts
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Why Estate Planning Isn’t Just for Retirement – It’s for Right Now
Too many high-earning professionals and business owners think of estate planning as something to do “someday”—after retirement, after the kids are grown, after things slow down. But life doesn’t always wait for the perfect moment. Whether you’re running a practice, growing a business, or building generational wealth, the decisions you make today will shape what happens if life takes an unexpected turn. Estate planning isn’t about preparing for the end—it’s about protecting what you’ve built while you’re still here
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U.S. Imposes Reciprocal Tariffs: Key Takeaways for Businesses
On April 2, 2025, President Trump issued an executive order imposing the long-awaited “reciprocal” tariffs on all imported products into the U.S. from all countries.
This executive order implements a 10 percent baseline general duty rate that will go into effect on April 5, 2025, in addition to the previously paid baseline duty for the imported product, which was based on the harmonize tariff schedule of the U.S. (“HTSUS”) code of the product.
After April 9, 2025, that
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It’s the End of Diversity, Equity and Inclusion (DEI) Programs as We Know It?
As promised in his campaign for the presidency of the United States, on January 21, 2025, President Trump issued Executive Order 14172 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” (Emphasis added).
The President’s Executive Order states that illegal diversity, equity and inclusion (“DEI”) policies violate the text and spirit of federal civil-rights laws.
Accordingly, the President ordered all federal agencies to enforce civil rights laws and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” The President
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The Corporate Transparency Act – FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies
On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN) released an interim final rule that removes the requirement for U.S. domestic companies and persons to report beneficial ownership information (“BOI”) to FinCEN under the Corporate Transparency Act (“CTA”).
Under the interim final rule, FinCEN revised the definition of a “reporting company” to include only entities formed under the law of a foreign country and registered to do business in any U.S. State or Tribal jurisdiction by filing a
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Minimizing Product Liability Risks Caused by AI: Practical Tips for Businesses
The use of artificial intelligence (AI) touches many sectors in the United States, and the business world is no exception. While this exciting development has proven useful for many businesses, it is also a new source of potential liability.
AI enhances products such as self-driving cars and medical devices, but the current legal framework has yet to evolve with this rapidly-developing technology. Companies should be aware of potential product liability risks under the current legal framework to ensure they
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The Corporate Transparency Act is Here (Not Really). Now It’s Off (Mostly)?
After a 4-week hiatus, I am back again with what are likely to be the final updates on the Corporate Transparency Act (CTA) for a while (famous last words). For those of you tuning back in, this post relates to our firm’s series about the Corporate Transparency Act and Beneficial Ownership Information Reporting. Please follow the link here to see all our firm’s posts on this topic.
When I last posted about the CTA, I mentioned that the 5th
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