By Brian Reilly Thirty-three states, including Rhode Island, allow a for-profit entity to form as a benefit corporation in lieu of a traditional corporation. The downside is officers and directors of benefit corporations face burdens and costs that leaders of traditional corporations do not. Because benefit corporations are for-profit entities, officers and directors must consider...

For Decades corporations have incorporated mandatory arbitration provisions into contracts in an effort to control litigation expense and uncertainty and to secure the adjudication of disputes in the forum of their choosing. Reliance on contractual arbitration provisions to obtain these outcomes in cases which involve claims directly against employees may be unwise as a result...

By David Wittmann and Brian Reilly Within the past few weeks, the Securities and Exchange Commission (SEC) has settled two enforcement actions against companies engaged in the sale of digital assets. It also separately settled actions against DJ Khaled and Floyd Mayweather for their failure to disclose payments they received in relation to promoting the sale of...

On August 10, 2018, Massachusetts Governor Charlie Baker signed into law an act relative to the judicial enforcement of noncompetition agreements that fundamentally changes the way those agreements are regulated in Massachusetts. The act applies to all noncompetition agreements entered into after October 1, 2018, so all employers that have Massachusetts-based employees who are subject...

In August of this year, Massachusetts Gov. Charlie Baker signed into law an omnibus economic development law (the “Law”). Of major significance, the Law contains provisions that fundamentally change the way employee noncompetition agreements are regulated in Massachusetts. While the Law does not abolish noncompetition agreements in Massachusetts, it substantially limits the terms upon which...

The Tax Cuts and Jobs Act signed into law late last year created a tax incentive aimed at increasing economic development in low-income communities. Both real estate developers and investors can benefit from the new Opportunity Zone tax incentive program enacted as part of that legislation, presenting the opportunity for significant tax savings. Developers and...

Companies that close a venture capital financing usually have multiple investors. Customarily, there will be a venture capital firm or other institutional investor that leads the investment round by investing the most money (referred to as the Lead Investor) and other investors that follow on with smaller investment amounts (referred to as the Follow-On Investors). The Follow-On Investors could...

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