As a business owner, it is important to recognize that your business is not just where you work, but probably represents a significant portion of your net worth and your largest asset. The ability to monetize that asset is the most important financial event of your life. If you want to have a successful exit…

Many businesses grant equity interests to key employees or other service providers in an effort to incentivize them to help grow the business. Businesses organized as corporations often turn to the grant of stock options in order to accomplish this goal. However,  limited liability companies (“LLCs”) have the advantage of being able to issue a…

April 2018: Joseph Otting, the head of the Office of the Comptroller of the Currency, announced on February 27, 2018 that banks no longer need to adhere to the Leveraged Lending Guidance when providing leveraged financing. Mr. Otting said that “Institutions should have the right to do the leveraged lending they want, as long as they…

January 2018 – In a detailed speech HERE given on January 9, 2018 at the annual Primary Dealer Meeting in New York City, Lorie K. Logan, Senior Vice President of the Federal Reserve Bank of New York, discussed the movement away from the use of the LIBOR rate as a reference rate and the New York Fed’s role as…

On September 1, 2017, the Federal Reserve Board adopted a rule (the “Rule”) that will require banks that are deemed “global systemically important banking organizations” (“GSIBs”) and the United States operations of foreign GSIBs to amend their hedging agreements and certain other agreements (known as “qualified financial contracts” or “QFCs”) to add limitations on the…

Among the many truisms defining the American culture is the proposition that we live in a litigious society. As a matter of sound public policy designed to motivate highly qualified individuals to accept the risks associated with acting as directors and officers of corporations, the law provides mandatory and permissive indemnification rights. The range of…

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