As seen in the New England Real Estate Journal , June 17 – 23, 2016 edition. For those who negotiate construc­tion contracts, we know some terms are much harder to negotiate than others (e.g., indemnity clauses, no damage for delay, warranties, assignment rights, etc.). Invariably, however, one of the toughest terms is the liquidated dam­age clause. In...

As seen in the Providence Business News on June 10, 2016. Every business owns valuable intellectual property (IP) which should be protected.  Unfortunately, the day-to-day rigors of running a successful business typically push IP protection to the bottom of the to-do list. If you are selling or buying a company, IP protection issues quickly become part of...

As it appeared on May 26, 2016 on the ABA website, Section of Litigation Commercial & Business  Practice Points. One question faced by creditors of a consumer debtor in bankruptcy is how to reach what is often their most valuable asset, their home. The Bankruptcy Code and state laws provide exemptions for property—or for up...

Dawn broke a cheery red, vanquishing the shadows on Mohegan bluffs.  Bull rakers were out in a placid Greenwich Cove.  Yellow school buses, noisy with the exuberance of third graders, wound their way through the streets of Cumberland.  RISD and Johnson & Wales students explored new food ideas.  The commute on Route 95 slowed at...

SAFE stands for “Simple Agreement for Future Equity” and is a creation of the ubiquitous start-up accelerator, Y Combinator. SAFEs look like convertible notes, but have some material differences that you should understand. How does a SAFE work? Much like a convertible note, a SAFE is an instrument that gives an investor a right to...

Every time you visit a website to read the news, use a social media account, or buy a pair of shoes, you are binding yourself to online contractual terms. Courts routinely uphold those terms when a website user is required to click an “I agree” button signifying assent to those terms, and often uphold them,...

On April 20, Partridge Snow & Hahn partner, Michael Gamboli, was quoted in a RI Lawyers Weekly article titled “Employer can’t enforce non-compete vs. doctor.” The article details a Superior Court Judge’s decision to not allow a health care provider to enforce a non-competition agreement with a physician who left to work elsewhere. Subscribers of the publication...

If you are a founder of an early stage company, the issue of raising money is likely top of mind and a material source of anxiety. My guess is that when you hatched your great idea and decided to launch your company, you knew that raising capital would be something you’d need to do, but...

As in The Anchor, First Quarter 2016 Is your organization prepared for a cyber-attack?  No, this is not a tagline to promote or sell cyber security insurance (although the cyber-related insurance market is growing into the multiple of billions of dollars).  It is a question for you and your customers.  Increasing cyber threats and government regulations designed to protect against them, mean...

As seen in the March 25, 2016 edition of the New England Real Estate Journal. China’s volatile stock market has only increased the desire for foreign capital inflow from China to U.S. Chinese foreign investment in U.S. commercial real estate has increased steadily from $3 billion in 2013 to $6.6 billion in 2014 to $8.6 billion...