Business Law Blog

On October 22, 2019, the House of Representatives passed the Corporate Transparency Act of 2019 which requires the U.S. Department of the Treasury within one year to issue regulations to “carry out this Act.”

The Act requires each newly formed corporation and each newly formed limited liability company, unless specifically exempt, to file a report with the Financial Crimes Enforcement Network (“FinCEN”) disclosing the beneficial owners of those entities.» Read More

As discussed in my earlier blog “‘Measure for Measure:’ LIBOR, SOFR, and the ICE Bank Yield Index”, over $300 trillion of derivatives, loans, and other financial products have floating interest rates based upon the London Interbank Offering Rate (“LIBOR”).» Read More

What is privileged when you have to interview your corporate client’s CEO, or a security guard, or a manager, or even former employees? Does the attorney-client privilege apply to your interview? Is the employee your client? Does the work-product privilege apply?» Read More

Creating and maintaining a robust website is an ever-increasing business imperative. Many businesses turn to outside website developers for help. If that includes you, here are some important questions to ask your website developer.» Read More

On July 12, 2019, the Securities and Exchange Commission (“SEC”) Staff published a major and unusual joint statement on “LIBOR Transition.”

The Divisions of Corporation Finance, Investment Management, and Trading and Markets, together with the Office of the Chief Accountant, issued a seven-page, single-space statement.» Read More

On July 22, 2019, Fannie Mae and Freddie Mac issued a joint statement covering their plans to develop new adjustable rate mortgage (“ARM”) products that would be priced based upon the Secured Overnight Financing Rate (“SOFR”) instead of the London Interbank Offering Rate (“LIBOR”).» Read More

In perhaps a historic action, the IRS announced that by the end of this month it will contact more than 10,000 taxpayers with reminders of the federal income tax consequences of transactions involving virtual currencies.  Taxpayers who the IRS believes have engaged in virtual currency transactions that may have given rise to unreported or improperly reported income tax liabilities are urged to review past tax filings, file amended, or delinquent returns if necessary, and pay any required back taxes, interest, and penalties due to prior failures to fully or accurately report income from transactions involving virtual currency. » Read More

Government agencies and regulators are being forced to address the financial exploitation of older adults, as recent studies estimate that between $2.9-$36.5 billion in wealth is lost annually.[1] While older adults are not the only victims of financial fraud[2], they possess a number of characteristics that make them particularly vulnerable. » Read More

At the end of May, I wrote a piece titled “‘Measure for Measure’ LIBOR, SOFR, and the U.S. DOLLAR.  ICE BANK YIELD INDEX”.  As noted there, the U.S. Board of Governors of the Federal Reserve System (“FRB”) in 2014 created the Alternative Rates Reference Committee (“ARRC”) to develop alternatives to LIBOR. » Read More

As described in my February 28, 2019, article, “Broker/Dealer Research Reports – Mutual Funds, ETFs, and Business Development Companies,” the U.S. Securities and Exchange Commission (“SEC”) adopted new Rule 139b on November 30, 2018, to allow broker/dealers to issue “covered investment fund research reports” with respect to mutual funds, exchange-traded funds (“ETFs”), business development funds, and certain other pooled investment vehicles (such as unit investment trusts, commodity funds, and currency funds).» Read More