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What’s New in the Law?

Pre-Bankruptcy Planning can include Removal of Trust Beneficiary

Pre-Bankruptcy planning requires debtors to make sure that their pre-bankruptcy asset transfers are made for equivalent value to avoid being clawed back as fraudulent to creditors.  A CA court recently held that a parent’s removal of a beneficiary (soon to be debtor) from a family trust is not a fraudulent transfer.    

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Entrepreneurs take Tik Tok Houses Public

A new breed of entrepreneurs is investing in social media stars, yielding volatile penny stock investments that are attracting teenagers.  West of Hudson Group operates a network of content houses where many influencers live and has taken them public through a blank check company.  This new trend seems to be begging for better scrutiny from…

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Chapter 15 Filings as Cross-border Connectors

Chapter 15 allows foreign companies to file US bankruptcy proceedings to protect US assets.  Over the past year, filings in Canada, Australia and the UK have spilled over to the US.  While each country has its own unique set of laws, these cross-border links demonstrate the truly global nature of insolvency and the need to…

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Will Student Debt become dischargeable?

The saga of student debt continues into the new administration.  Here’s to hoping that it will be treated like any other debt in bankruptcy in the future, treating Education Department backed debts like any other unsecured debt, and affording fresh starts to all.

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“Comparable Worth” Law Rectifies Gender Discrimination

The concept of “Comparable Worth” as a way to equalize gender pay under Title VII has been discarded by US courts as too murky to implement.  Meanwhile, in New Zealand, a woman-led government is finally making it law.  It is about time that so-called “women’s work” is recognized and compensated for its skillful value-add.

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Opening The Digital Front Door in Telehealth

The “Digital Front Door” is a new integrated digital experience that empowers people to take an active role in managing their health.  It is based on the use of personalized mobile and web platforms, many of them created by start-ups.  Spurred by COVID-19, established healthcare systems have forged relationships with these start-ups, opening the door to enhanced care.

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Venture Debt is a Growing Option for Start-ups

Venture Debt is a growing option for start-ups to access growth capital, while maintaining founder equity.  The terms of Venture Debt include fixed repayment with interest secured by company assets, with a mild equity twist.  This is a welcome trend, although piggy-backing on the prior infusion and support of Venture Capital.  

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Hybrid Independent Contractor Model Emerges

Uber, Lyft and DoorDash have successfully obtained the CA vote to retain their workers as independent contractors, but they conceded to providing some “employee” benefits to obtain this milestone vote. This may be the beginning of a new model for independent contractor talent hiring in the growing gig ecosystem.  

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SEC to Expand Crowdfunding Investment Pool

The SEC recently voted to expand its mission to help small business fundraise in private markets by increasing the threshold crowdfunding amount to $5M and the amounts that the non-accredited can invest.  This new access is expected to boost entrepreneurship, now ever more present in our new normal of COVID-19.  

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