The changes to the real estate market brought upon by the COVID-19 pandemic combined with the convenience and ease of use of online platforms like Airbnb, VRBO, and HomeAway have led to an explosion in the short-term rental market throughout the country. As such, many individual and business investors are looking to capitalize on this heightened demand by either converting their already owned properties into short-term rentals or purchasing new properties. Prior to deciding

The CCPA went into effect on January 1, 2020. Thereafter, the CCPA was effectively amended via the CPRA. Critically, though the CPRA becomes effective on January 1, 2023, it covers data collected as of January 1, 2022. However, enforcement does not commence until July 1, 2023. Unfortunately, the final regulations related to the rollout of the CPRA have not yet been finalized. THE CCPA The CCPA applies to you if: You have annual gross revenues in excess of $25 million (whether

In 2018, the European Union (“EU”) enacted the General Data Protection Regulation (“GDPR”), vastly altering the landscape of data privacy laws. With its broad scope and potentially hefty fines for non-compliance, the GDPR called for widespread change to the way data was collected, stored, transmitted, and secured. Shortly after, California passed the first major data privacy law in the United States – the California Consumer Privacy Act, which became effective January 1, 20

On January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking that seeks to ban employers from imposing and enforcing existing non-compete clauses. The FTC’s proposed rule would serve, with minor exceptions, as a complete ban on non-compete clauses and drastically change the employer and employee relationship as well as competition in the marketplace as a whole. OlenderFeldman LLP has prepared this FAQ to address the proposed rule and what

Our 2022 M&A transactions continued the 2021 trend of a heavy emphasis on sales to private equity-backed strategic buyers vs. direct sales to private equity, by a factor of 3:1, continuing to evidence that platform transactions from prior years were executing their growth-by-acquisition strategy. A significant number of M&A transactions evidenced downward pressure on enterprise value, clearly showing the impact of the increased cost of debt for leveraged transactions. Equity/

New York Legislature Passes the LLC Transparency Act, Aims to Curb Illicit Business Activities. Introduction. New York is poised to implement the nation’s first publicly available beneficial ownership registry after the New York State Assembly and Senate passed the LLC Transparency Act[1] (the “NY Act”) last month. The bill is now bound for the desk of Governor Kathy Hochul. On June 20, 2023, the New York State Assembly ratified the NY Act, signaling a substantial move toward

With the EU-U.S. Privacy Shield Framework no longer available as a legal mechanism to transfer personal data from the EU/EEA/UK to the US (leaving most businesses to rely upon Standard Contractual Clauses), the U.S. has finally completed negotiation of the EU-U.S. Data Privacy Framework (“DPF”) to replace Privacy Shield. This memo addresses the basic considerations and issues for joining the DPF. Joining the DPF Program Confirm Entity’s Eligibility. The entity/business must

A successful professional partnership, whether doctors or lawyers, accountants or architects, requires more than a group of skilled service providers practicing their craft together. A robust partnership agreement will protect your partnership’s financial position, maximize operational efficiencies and establish a path to longevity. This article addresses 5 key provisions for inclusion in a partnership agreement. Governance Your agreement should establish clear governance p

One of the initial decisions a startup founder must make is whether they establish a corporation in Delaware or opt to incorporate in their home state. For the reasons below, Delaware continues to be the preferred choice when a startup intends on raising external sources of capital to finance growth. The following factors highlight why startups gravitate towards incorporating in Delaware: Investors' Prefer Delaware Corporations: Venture capital firms, angel investors, and sta