Rimon

Ninth Circuit Questions Whether Litigation Funding Advances Made Against a Portfolio of Cases Runs Afoul of New York Usury Laws

Insight John J. Hanley John J. Hanley · Douglas J. Schneller Douglas J. Schneller · June 18, 2020
No Sure Thing! Ninth Circuit questions whether litigation funding advances made against a portfolio of cases runs afoul of New York usury laws. On June 11, 2020, the U.S. Court of Appeals for the Ninth Circuit certified a question for the New York Court of Appeals: whether a litigation financing agreement qualified as a “loan” or

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“Real Estate Private Equity Investments: Types of Structures” featured in Lexis/Nexis by Debbie Klis

Insight Debbie A. Klis Debbie A. Klis · June 15, 2020
This practice note discusses the various private equity investment structures available to investors seeking to invest in real estate in the United States. Investors may select a direct or indirect ownership structure of their investment, which owns a single or multiple properties in a single asset class or multiple classes. There is a myriad of

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New Amendment to PPP Loan Forgiveness terms

Insight Juan Zuniga Juan Zuniga · June 09, 2020
On June 5, 2020, the new Paycheck Protection Flexibility Act (“PPPFA”) entered into law which materially changed certain terms of the Paycheck Protection Program previously created under the CARES Act. The emphasis of the PPPFA is to ease the criteria that small business borrowers must comply with to have their PPP loans forgiven.

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Two Special Trusts to “Stretch” IRAs

Insight Brent Nelson Brent Nelson · June 08, 2020
After the SECURE Act, most IRA beneficiaries are required to withdraw the balance of the account within 10 years after the owner’s death. The details of those rules can be found in Brent's prior post here. In that post, Brent also introduced the concept of using an Accumulation Trust (i.e. a trust as beneficiary of an IRA

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IRS Provides Several Items of Relief Benefiting Qualified Opportunity Funds and their Investors

Insight Debbie A. Klis Debbie A. Klis · June 05, 2020
On June 4, 2020, the Internal Revenue Service (IRS) released Notice 2020-39 that contains relief for several of the time-sensitive requirements for qualified opportunity funds (QOFs) and for taxpayers who invest capital gains in qualified opportunity zones (QOZs).  The QOZ program designates economically-distressed communities (more than

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Rimon Partner Mark Lee’s article “The past through tomorrow: How would proposed amendments to DMCA change the online economy?” published in the Daily Journal

Insight Mark S. Lee Mark S. Lee · June 03, 2020
A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways some stakeholders like and others do not. Information wants to be free, but intellectual property wants to be protected. The tension between these technological and legal truisms is at the core of the compromises embedded in

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Audit committee self-evaluation process and format (and for boards and other committees)

Insight David W. Tate, Esq. David W. Tate, Esq. · May 29, 2020
A.  Introduction and Overview The following discussion specifically covers audit committee self-evaluations and provides processes that you can use – this discussion can also be used for board and other committee self-evaluations and processes, such as for governance and risk committees. As noted elsewhere in these materials, although

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Rimon Partner Juan Zuniga participates in SDVLP COVID-19 legal advice clinic

Insight Juan Zuniga Juan Zuniga · May 28, 2020
Rimon Partner Juan Zuniga recently participated in the San Diego Volunteer Lawyer Progam (SDVLP), COVID-19 Small Business and Nonprofit Brief Legal Advice Clinic, which provides free legal help to eligible small businesses and nonprofits impacted by the pandemic. Participating attorneys provided pro bono legal advice on a variety of

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The entrepreneur’s guide to surviving corona featured in U.S. 1 News

Insight Dror Futter Dror Futter · May 28, 2020
Remember all those articles about whether venture was overvalued? With blinding speed, they now seem quaint. Bluntly stated, most venture backed companies are in a fight for survival. Although certain areas of life sciences may do somewhat better, I think the impact will be widely felt. Complicating the fight is the fact that no one can predict how

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Rimon Partner challenges inadequacy of mail-in voting procedures

Insight May 22, 2020
States around the country are grappling with the issue of balancing the coronavirus and stay-at-home orders with the constitutional right to vote in the upcoming General Election. A growing number of states have “beefed up” their vote-by-mail procedures, while others, like Florida, are reluctant to improve the accessibility of

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