Author Info for Tonkon Torp LLP

Rachel Atchison

Is Your Business Eligible for Portland’s New Tax Breaks?

A number of clients of my law firm, Tonkon Torp LLP, have asked about the recently-announced city of Portland business license tax break for signing a downtown Portland lease and about the Enterprise Zone tax exemption for… more

Business Taxes, Covered Employer, E-Commerce, Enterprise Zones, General-Business

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Yalda Bahramian

Signs of Revival in Portland’s Struggling Office Market

Amidst concerns about Portland’s office market, Patricia Raicht, real estate analyst at Jones Lang LaSalle, offers a more hopeful outlook. Despite nearly 30% vacancy rates, she highlights a slowdown in the decline and notes… more

Commercial Real Estate Contracts, Commercial Real Estate Market, Commercial Tenants, Oregon

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Paul Balmer

Major Changes Coming To Cannabis Industry – Most Of Them Are Good

The 2021 Oregon legislative session—mostly virtual in the midst of a global pandemic—saw legislators and draft bills largely focused on economic recovery issues. Most relevant to our narrow focus, the cannabis industry won some… more

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Maureen Bayer

Oregon EPR Law Challenged by Impacted Businesses on Constitutional Grounds

On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed suit against the Oregon Department of Environmental Quality and the Oregon Environmental Commission alleging that Oregon’s Plastic Pollution and… more

Arbitration, Constitutional Challenges, Department of Environmental Quality, Dormant Commerce Clause, Due Process

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Lauren Bernton

Compression—Oregon’s Lesser Known Property Tax Limit

Your property may be subject to one of Oregon’s lesser-known property tax limits, and you may not even know it. Even better, it may be possible for you to take action to increase the likelihood that this limit will apply to your… more

Commercial Real Estate Market, Department of Revenue, Fair Market Value, Oregon, Property Owners

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Owen Blank

Compression—Oregon’s Lesser Known Property Tax Limit

Your property may be subject to one of Oregon’s lesser-known property tax limits, and you may not even know it. Even better, it may be possible for you to take action to increase the likelihood that this limit will apply to your… more

Commercial Real Estate Market, Department of Revenue, Fair Market Value, Oregon, Property Owners

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Corinne Zycherman Brooks

Travel Restrictions for Nationals of 19 Designated Countries Starts June 9

The Trump Administration announced a travel ban that fully restricts U.S. entry of nationals from 12 countries and partially restricts nationals from seven additional countries. This U.S. entry ban applies to foreign nationals… more

Department of Homeland Security (DHS), Executive Orders, Exemptions, Foreign Nationals, Immigration

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Claire Brown

The Corporate Transparency Act – Penalties Suspended

The Financial Crimes Enforcement Network (FinCEN) announced on February 27, 2025 that it will not issue any fines or penalties or take any other enforcement action for failing to file or update BOI reports by the current… more

Beneficial Owner, Compliance, Corporate Transparency Act, Filing Requirements, FinCEN

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Paul Conable

SEC Scores a Win in Securities Case Against LBRY

If the ongoing fallout from the collapse of offshore cryptocurrency exchange, FTX, and now BlockFi wasn’t enough, crypto investors also lost a significant battle last month in the U.S. District Court of New Hampshire… more

Blockchain, Cryptocurrency, Digital Assets, Enforcement Actions, Fair Notice

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Sherrill Corbett

Before Selling a Business, Consider a Buyer’s Perspective

Several situations can prompt the sale of a Company. The owners may need to fund their retirement or succession from sale proceeds. A tempting, unsolicited offer may materialize. Or the owners may simply be ready to sell the… more

Business Assets, Buyers, Capital Structures, Employee Benefits, Financial Records

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Clay Creps

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is that… more

Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies, Hiring & Firing

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Jeffrey Cronn

How to Best Prepare Your Business for a Successful Sale

A potential business sale transaction can be an exciting time for a business owner. The sale represents pay-off for years, or even decades, of hard work. However, it’s seldom a simple process. A successful merger and acquisition… more

Business Ownership, Buyers, Employee Incentive Plans, Intellectual Property Protection, Operational Requirements

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Rocky Dallum

Oregon Health Care Market Oversight Program Creates Hurdle for Healthcare Transactions

Healthcare organizations be warned: entities that operate, own, or are closely related to a health care provider with any presence in Oregon may need to seek approval from the State before completing any merger, acquisition,… more

Business Entities, Competition, Financial Transactions, Health Care Providers, Healthcare

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Sam DeBaltzo

Covenants in Development Financing – What to Expect

Loan financing is a cornerstone of real estate development. It’s a rare project that has captive capital to finance the entire project, and many investors expect that their contributions will be leveraged with debt financing… more

Borrowers, Construction Loans, Construction Project, Debt Financing, EBITDA

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Michael Fletcher

Uncertainty in Oregon for Crypto Assets Under Commercial Law

While some states have moved to adopt model Uniform Commercial Code (UCC) provisions to provide a clear legal framework for commercial and secured transactions involving crypto assets, Oregon has yet to take action. This is a… more

Collateral, Creditors, Cryptocurrency, Digital Assets, Financial Transactions

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Will Gent

Ninth Circuit Empowers Commercial Property Owners to Restrict Firearms

Last month, in Wolford v. Lopez, the Ninth Circuit Court of Appeals issued a decision with implications on commercial property owners’ rights to restrict firearms on private property. Interpreting the U.S. Supreme Court’s recent… more

Commercial Property Owners, Concealed Weapons, Firearms, Gun Laws, Oregon

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Kyle Grant

Legal Lessons from Portland’s Commercial Real Estate Uncertainty

In today’s commercial real estate market, the only certainty is uncertainty. This is not a call for panic, but rather a call for balance. Now is not the time for bet-the-firm risks, nor is it a time for total retreat to the… more

Commercial Leases, Commercial Litigation, Commercial Property Owners, Commercial Real Estate Contracts, Commercial Real Estate Market

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Stephanie Grant

Portland's Neighborhood Associations Going Strong After 40 Years

Portland's neighborhood associations have generated news lately, from Montavilla's resolution resisting the City's efforts to clear homeless camps, to controversy over whether transient persons can vote in Overlook's meetings,… more

City Councils, City Planning Departments, Housing Developers, Land Developers, Urban Planning & Development

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Gwendolyn Griffith

IRS Challenges Ahead For Insurance Producers?

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on… more

FICA Taxes, Insurance Industry, IRS, S-Corporation, Self-Employment Tax

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Mia Gutierrez

Oregon Consumer Privacy Act Enforcement Takes Effect July 1, 2025 for Nonprofits

As Oregon’s data privacy landscape continues to evolve, nonprofits must take note: the Oregon Consumer Privacy Act (OCPA) will apply to nonprofit organizations beginning on July 1, 2025. The grace period granted to nonprofits is… more

Compliance, Consumer Privacy Rights, Data Collection, Data Privacy, Data Security

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Drew Hagedorn

2021 Oregon Legislative Forecast Is Hazy With A High Chance Of Storms

The 2021 legislative session is underway, and it’s already shaping up to be one of the most dynamic in a string of dynamic sessions. Before I give you a rundown of the key bills I’m watching for the commercial real estate… more

Commercial Real Estate Market, Coronavirus/COVID-19, Income Taxes, Legislative Process, Oregon

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Charles Harrell

Oregon’s Senate Bill 4 Will Empower and Accelerate Semiconductor Growth

In the 2023 legislative session, Oregon passed Senate Bill 4 – a groundbreaking move to bolster its position as a leader in the semiconductor industry and to strengthen the industry within its borders. The legislation empowers… more

Incentives, Innovative Technology, Manufacturers, New Legislation, Oregon

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Mick Harris

Checking in on the Portland Metro Residential Real Estate Market

The June 2025 Market Action Report for the Portland metropolitan area, published by RMLS, describes a residential real estate market that is steady, if subdued, with slight pricing increases and modest shifts in transactional… more

Affordable Housing, Buyers, Contract Terms, Housing Market, HUD

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Matt Heldt

The Amended Fair Chance Act Is Changing Background Check Requirements for Washington Employers

Washington employers will soon be subject to new, more burdensome rules under recent amendments to the Washington Fair Chance Act. Passed this legislative session, HB 1747 goes into effect on July 1, 2026 for employers with 15… more

Adverse Employment Action, Criminal Background Checks, Employee Rights, Employer Responsibilities, Hiring & Firing

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Ted Herzog

Governmental Structural Changes to the U.S. Economy Are Underway – What to Expect

I attended the American Seniors Housing Association (ASHA) convention in Phoenix last month. The agenda featured an address by Rob Kaplan, Partner and Vice Chairman of Goldman Sachs, and former President and CEO of the Federal… more

Debt, Energy Sector, Federal Funding, Federal Reserve, Immigration

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Karen Hobson

Planning Your Estate? Here Are Five Common Pitfalls to Consider

In our estate planning practice, whether we are helping high-net worth individuals, family-owned business owners or young families, we urge all our clients to avoid these common pitfalls. If you carefully discuss the below… more

Beneficiaries, Estate Planning, Estate Tax, Gift Tax, Trusts

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Jarell Hunt

What You Need to Know about the FTC Safeguards Rule

The compliance deadline for implementation of certain requirements of the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information, better known as the “Safeguards Rule,” is June 9, 2023. Here is what you… more

Customer Information, Data Security, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

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Josie Jeremiah

You’re Not the Boss Anymore

It’s nice to get paid. Giving up control of your business? Well… that’s a different story. On closing the sale of a business, owners realize a dramatic financial return on their investment. However, few buyers are willing to… more

Buyers, Buying a Business, Contract Negotiations, Earn-Outs, Post-Closing Rights

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Jordan Jeter

Texas Court Strikes Down FTC Rule Banning Noncompetition Agreements Weeks Before Enforcement

On Tuesday, August 20, 2024, the U.S. District Court for the Northern District of Texas struck down the Federal Trade Commission’s (FTC’s) final rule banning most noncompetition agreements. The FTC was set to start enforcing the… more

Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Injunctions

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Samantha Klausen

Lawsuits Don’t Often Make Your Dreams Come True

The recent legal clash between Daryl Hall and John Oates highlights key lessons about partnership dynamics and the necessity for a well-crafted partnership agreement. Their conflict, while centered on assets derived from their… more

Artists, Collaboration, General-Business, Music Industry, Partnership Agreements

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Blerina Kotori

Following End of Mask Mandate, OSHA Issues New Guidance for Employers

After the end of the mask mandate on March 12, many businesses were left wondering whether OSHA’s other requirements for workplaces, such as employee notification, infection protocols, and ventilation systems, remained in… more

Coronavirus/COVID-19, Masks, OSHA, Ventilation Systems, Workplace Safety

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Melina LaMorticella

All Noncitizens Must Report Change of Address to USCIS Within 10 Days of Moving Residence

The Trump administration is focusing on fully enforcing existing immigration laws, including the requirement that noncitizens file Form AR-11 to notify USCIS of a change in residence within 10 days of moving… more

Department of Homeland Security (DHS), Enforcement Actions, Foreign Nationals, Immigration Enforcement, Immigration Procedures

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Mark LeRoux

To Be Or Not To Be A Deductible – That Is The Current PPP Question

Now that Paycheck Protection Program (PPP) funds are landing in business accounts, it’s time to dig into how PPP loan forgiveness is taxed. Tonkon Torp attorneys have detailed how PPP loans work in our firm’s COVID resource… more

CARES Act, Federal Loans, IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

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Maureen McGee

Oregon Health Care Market Oversight Program Creates Hurdle for Healthcare Transactions

Healthcare organizations be warned: entities that operate, own, or are closely related to a health care provider with any presence in Oregon may need to seek approval from the State before completing any merger, acquisition,… more

Business Entities, Competition, Financial Transactions, Health Care Providers, Healthcare

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Parna Mehrbani

Oregon Consumer Privacy Act Enforcement Takes Effect July 1, 2025 for Nonprofits

As Oregon’s data privacy landscape continues to evolve, nonprofits must take note: the Oregon Consumer Privacy Act (OCPA) will apply to nonprofit organizations beginning on July 1, 2025. The grace period granted to nonprofits is… more

Compliance, Consumer Privacy Rights, Data Collection, Data Privacy, Data Security

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Rachel Melissa

Oregon EPR Law Challenged by Impacted Businesses on Constitutional Grounds

On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed suit against the Oregon Department of Environmental Quality and the Oregon Environmental Commission alleging that Oregon’s Plastic Pollution and… more

Arbitration, Constitutional Challenges, Department of Environmental Quality, Dormant Commerce Clause, Due Process

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Michael Millender

Four Points To Keep In Mind About The New July 15 Tax Deadline

Last Friday, the Treasury Department and IRS revised their guidance from earlier in the week and issued a notice granting taxpayers an extension until July 15 to file income tax returns and make income tax payments that would… more

Coronavirus/COVID-19, Filing Deadlines, Income Taxes, IRS, Tax Returns

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Kristin Bremer Moore

Further Restrictions on Non-Disclosure and Non-Disparagement Clauses

Various governmental bodies have recently restricted employers’ ability to use non-disclosure and non-disparagement clauses. This alert briefly covers a few of those recent developments… more

Confidentiality Agreements, Employee Rights, NLRA, NLRB, Non-Disclosure Agreement

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Christopher Morehead

Breaking: Vaccine Mandate For Private Employers Forthcoming

The Biden Administration is set to announce sweeping COVID-19 vaccination requirements that will affect large employers and millions of employees across the country. The mandate extends to all employers with more than 100… more

Coronavirus/COVID-19, Executive Orders, Federal Employees, Healthcare Facilities, Joe Biden

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Jessica Morgan

The Corporate Transparency Act – Penalties Suspended

The Financial Crimes Enforcement Network (FinCEN) announced on February 27, 2025 that it will not issue any fines or penalties or take any other enforcement action for failing to file or update BOI reports by the current… more

Beneficial Owner, Compliance, Corporate Transparency Act, Filing Requirements, FinCEN

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Danny Newman

Distressed Cannabis Companies Find Hope with New Bankruptcy Ruling, Potential Substance Rescheduling

A recent court decision shows an evolving stance toward cannabis companies facing financial distress and seeking bankruptcy protection. Taken together with the U.S. Department of Health and Human Services recommending that… more

Agribusiness, Bankruptcy Code, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11

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Turid Owren

FY2025 H-1B Cap Registration – What You Need to Know

Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification. Registrations will be submitted… more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, United States-Mexico-Canada Agreement (USMCA)

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Christopher Pallanch

Oregon Health Care Market Oversight Program Creates Hurdle for Healthcare Transactions

Healthcare organizations be warned: entities that operate, own, or are closely related to a health care provider with any presence in Oregon may need to seek approval from the State before completing any merger, acquisition,… more

Business Entities, Competition, Financial Transactions, Health Care Providers, Healthcare

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Thomas Palmer

SEC Expands Definition of Accredited Investor

In an effort to expand investment opportunities in private companies, on August 26, 2020, the Securities and Exchange Commission adopted amendments to the definition of an “accredited investor.” The amendments expand the… more

Accredited Investors, Federal Register, Limited Liability Company (LLC), Regulation D, Securities Act of 1933

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Alan Perkins

Travel Restrictions for Nationals of 19 Designated Countries Starts June 9

The Trump Administration announced a travel ban that fully restricts U.S. entry of nationals from 12 countries and partially restricts nationals from seven additional countries. This U.S. entry ban applies to foreign nationals… more

Department of Homeland Security (DHS), Executive Orders, Exemptions, Foreign Nationals, Immigration

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David Petersen

Big, Beautiful Opportunity Zones

Deep in the 1,100 pages of the “big, beautiful bill” is a plan to retool and extend one of the big policies from the first Trump administration: Opportunity Zones. Under this tax incentive program, investors defer capital gains… more

Affordable Housing, Economic Development, Housing Market, New Legislation, Opportunity Zones

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Kurt Ruttum

Is Selling A Viable Option With An Unresolved PPP Loan On The Books?

When the second round of PPP funding became available in January 2021, our firm saw a significant drop off in the number of clients seeking a second PPP loan. I view this is a positive indication that the first round did its… more

Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Private Equity, SBA

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Melany Savitt

Travel Restrictions for Nationals of 19 Designated Countries Starts June 9

The Trump Administration announced a travel ban that fully restricts U.S. entry of nationals from 12 countries and partially restricts nationals from seven additional countries. This U.S. entry ban applies to foreign nationals… more

Department of Homeland Security (DHS), Executive Orders, Exemptions, Foreign Nationals, Immigration

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Zack Schick

Earn-Outs: Bridging the Valuation Gap

Do we value our possessions more just because we own them? Sometimes. Does this association of value apply to businesses? Almost always. The Cost of Risk- Buyers and sellers of a business often find themselves with a wide… more

Buyers, Earn-Outs, EBITDA, Investment, Mergers

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Drea Schmidt

Business Transition Planning In A Pandemic

It is an open secret that many business owners, no matter how organized, regularly neglect an important task—developing their exit strategy. The right transition plan depends on the nature of the business and the business… more

Co-Ownership, Coronavirus/COVID-19, EBITDA, ESOP, Exit Strategies

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Ava Schoen

Bankruptcy Doors Open a Little Wider to Cannabis Companies

In January, a California bankruptcy court issued an opinion providing another lifeline to cannabis companies that could benefit from the protection of the federal bankruptcy code – to reorganize or liquidate assets. The decision… more

Bankruptcy Code, Cannabis-Related Businesses (CRBs), Chapter 11, Controlled Substances Act, Corporate Counsel

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Jeanette Schuster

Oregon Department of State Lands Selects New Director

The Oregon State Land Board – comprised of the Governor, Secretary of State, and State Treasurer – recently appointed Kaitlin Lovell of Colton, Oregon as the new Director of the Oregon Department of State Lands (DSL). Lovell… more

Affordable Housing, Clean Water Act, Conservation, Environmental Policies, Government Agencies

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Kimberlee Stafford

Landowner Immunity on Oregon Trails Now Permanent

On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January 2,… more

Bodily Injury, Immunity, Land Owners, Land Use Restrictions, Liability

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Dallas Thomsen

Three Tips to Optimize Your Succession Planning

You’ve put the proverbial blood, sweat and tears into building your business. You’ve navigated its challenges and celebrated its growth. You may even have plans for what’s next — but are you planning for when you’re no longer… more

Business Development, Business Ownership, Business Strategies, Business Succession, Buy-Sell Agreements

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Joseph Voboril

The Liquidated Damages Provision in Construction Contracts: Include or Leave Out?

When representing owners on construction contracts, I often ask the owner whether they want to include a liquidated damages provision in the contract. A liquidated damages provision describes an amount of money, agreed upon by… more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, General Contractors

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Frank Weiss

Court Decision Favors Businesses Claiming Insurance Coverage For COVID-Related Losses

Companies across the state, and around the country, have suffered significant loss of income due to interruptions to their business caused by the spread of COVID-19 and the ensuing government-ordered closures. These companies… more

Business Closures, Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Insurance Claims

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Lindsay Willson

Three Tips to Optimize Your Succession Planning

You’ve put the proverbial blood, sweat and tears into building your business. You’ve navigated its challenges and celebrated its growth. You may even have plans for what’s next — but are you planning for when you’re no longer… more

Business Development, Business Ownership, Business Strategies, Business Succession, Buy-Sell Agreements

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Jeffrey Woodcox

COVID-19 Hangover: Should You Go Ahead With Plans For A Transaction In 2021?

By all accounts, 2020 was a challenging year and M&A activity was certainly no exception. In the immediate aftermath of the pandemic and its related lockdowns, many M&A deals were thrown into turmoil. As the year progressed, and… more

Business Ownership, Buyers, Coronavirus/COVID-19, Due Diligence, Loan Forgiveness

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