Lawsuit awards can be incredibly high, and individuals known to have substantial assets are particularly vulnerable. In some cases, the high-stake lawsuits can cause devastating reputational damage. Given the risks and exposure, the need for holistic liability protection is an important issue. Learn the different types of liability i...
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The cloud is one of the largest drivers of emerging technology solutions, and for many organizations, it has become one of their most valuable information technology (IT) tools. It enhances data storage capabilities, security and agility to both scale up as well as scale down, while also reducing costs, in part due to its inherent flexibility and t...
In 2009 the Bitcoin blockchain emerged as a form of a smart contract and has since evolved. From both a technological and legal perspective, smart contracts will continue to evolve and disrupt in digital asset sales and capital markets, supply chain management, smart government records and smart cities, real estate land registries, and self-soverei...
Ask a wealth management colleague to define “the cloud” and you are likely to get a vague response. Even among information technology experts, the term “cloud” may refer to different technologies that are only connected in a general sense. And despite the fact that cloud computing has quickly become the IT norm, the question...
Estate-planning advisors should be aware that there are many creative planning opportunities for the use of Private Placement Life Insurance (PPLI) with trusts. PPLI is essentially a flexible premium variable universal life insurance transactions that occurs within a private placement offering. Previously, PPLI hadn’t been as appealing due to...
News reports show large-scale data breaches are on the rise and affecting large retailers and even consumer credit organizations. There are numerous categories of cyber crime, but the ones that affect the most victims include identity theft, credit card fraud, and social networking scams. However, there are actions you can take to better protect yo...
The revolution of the “information age” has created tremendous advantages and helped accelerate innovation, but it has also brought with it new risks—namely cyber attacks. While the corporate attacks get most of the media attention, do not forget that individuals—especially the high net worth—need to be vigilant about cyber security. The good news ...
A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the ta...
Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper ...
Cloud-based applications, also known as Software as a Service (SaaS), offer significant benefits. They are highly affordable, require minimal IT involvement, have no hardware requirements, and offer great flexibility. Yet there can be significant risks to a firm if it does not review vendors carefully. Unfortunately, security controls vary signific...
Although public companies are most often the targets of shareholder claims and class-action suits, not-for-profit and private entities are not immune from litigation. As a director, you could be named personally in claims of fraud or financial mismanagement from which the entity’s indemnification provisions and business structure cannot always prot...
Your first home, establishing your career, marriage, a new baby, a teen’s first car, a student going to college, retirement—many of life’s major events can affect not only your life insurance and estate plans but also your property and liability insurance. While insurance may not be top of mind during these memorable moments and key life-stage mile...
Although surveys vary, it is estimated that one-third of Americans own a gun. Therefore, the probability that a professional fiduciary (whether a trustee or personal representative) will be responsible for handling the sale or transfer of a firearm is relatively high. A fiduciary selling a gun collection faces unique challenges of both valuation an...
Data breaches have become an accepted fact of modern business. According to the Privacy Rights Clearinghouse, twenty-nine businesses reported data breaches in August of 2016 alone. No industry was safe. For many organizations, the question now is not “if,” but “when.” This year appears to be on pace to surpass the number of ...
It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While...