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October 10, 2023

In this issue:

Risks Make AI Workplace Policies a Requirement
New Federal Registration Exemption for M&A Brokers of Eligible Businesses
Video: Why Trademarks Can be One of Your Most Valuable Assets
Video: Why Selecting the Right Legal Counsel is Essential to Your Business
Event: Unintended Consequences Your College Student May Face
FAQs on M&A Deals for Small & Medium Businesses
FAQs on the Upcoming Corporate Transparency Act

Risks Make AI Workplace Policies a Requirement

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization.

As with most modern technologies, the use of AI-powered apps and tools comes with its own set of challenges. In the case of AI, the challenges can be profound and lead to significant legal risks and exposure...

New Federal Registration Exemption for M&A Brokers of Eligible Businesses

Nicholas J. Stock

The Securities Exchange Act of 1934 has recently been amended to exempt “M&A brokers” from registering with the Securities Exchange Commission (SEC) when facilitating qualifying securities transactions. The rule change was instituted to simplify small and middle market transactions, reducing time and expense to buyers, sellers, and brokers.

Until recently, M&A brokers have tentatively relied on a 2014 no-action letter in which the Division of Trading and Markets explained that it would not recommend enforcement to the SEC in connection with limited securities transactions involving a change of control of a privately held company by an unregistered broker.

The new amendment enables qualifying brokers to continue facilitating certain transactions on behalf of the seller or buyer without having to register with the SEC and comply with the associated regulations. Unlike the 2014 rule, the amendment provides a formal statutory exemption for M&A brokers...

Nick Stock

Video: Why Trademarks Can Be One of Your Most Valuable Assets

Whether you are already an established business or in the early stages of a start-up, protecting your trademark (TM) is often overlooked and cannot be overstated.

In following video, licensed patent and intellectual property attorney Mikhail “Mike” Murshak discusses:

What is intellectual property, the different types of IP and where do trademarks fall within the scheme?
What is the general process to register a trademark?
What are the benefits to trademarking, are there reasons to trademark?
What is the timeframe to get a trademark done and what protections does it offer?...

Video: Why Selecting the Right Legal Counsel is Essential to Your Business

Where every business is unique and legal requirements constantly change, it is crucial to have an attorney in your corner that understands your industry and your business’s legal needs.

In this “Legal Strategies for Women Leaders” session, business attorney Deanna Swisher discusses the need to select legal counsel that is right for your business needs including:

How should a business owner look for legal counsel?
How should a newly formed business approach contracts – do they need an attorney to review every contract?
When should a business owner be looking for and hiring an attorney?
Can a company use one lawyer for all of its legal needs?

Unintended Consequences Your College Student May Face

October 11, 2023

Join Foster Swift attorney Alex Rusek as he discusses the criminal & academic consequences students may face in regard to such matters of Academic Dishonesty using AI, Alcohol and Controlled Substances, Title IX/Consent for Sexual Activity and Other Criminal Defenses stemming from poor choices.

When: October 11, 2023 from 12:00-12:30 pm
Registration: https://bit.ly/2ndWeds2023

FAQs on M&A Deals for Small & Medium Businesses

Whether you are a buyer or a seller, Foster Swift's Deal Team and tax attorneys can help you navigate the challenges, minimize risk and realize the opportunities in today’s market. Times of crisis create M&A opportunities for those with the vision and resources to take advantage of them.

To assist with some common questions, below are some drop downs on Frequently Asked Questions (FAQs) concerning:

Deal considerations for small and medium businesses.
Buying and selling small and medium businesses.

FAQs on the Upcoming Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). The CTA is intended to combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity, thereby protecting U.S. economic prosperity. The database that will be created as a result of the CTA’s requirements is intended to aid law enforcement with investigations and mitigate risks as quickly as possible.

While these intentions are good, the impact of the CTA is expected to be drastic and jarring. The number of legal entities already in existence in the U.S that may now need to report information on themselves, their beneficial owners, and their formation or registration agents is in the tens of millions.

Beginning January 1, 2024, newly created companies that fall under the umbrella of the CTA will be required to report immediately. Existing entities will have one year to report...

Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.

IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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