Corporate/Securities/M&A

Yes, Even Angel Investors Need an Attorney

By  Dustin Rickett Being an angel investor is an exciting journey filled with opportunities, risks, and countless decisions. As you navigate the world of startup investments, building a solid foundation for success is crucial. While you may be a savvy investor with a keen eye for potential, you should seriously consider adding an attorney to your team. Before you roll your eyes too hard at an attorney advising you to

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If I Win a Lawsuit, Must the Losing Party Pay My Legal Fees?

By Charlie Carlin At Fortis Law Partners, we frequently help clients who entered into business transactions that later went sideways. When that happens, we guide our clients through determining whether or not it makes sense to sue the other party for breach of the contracts. To determine that, we must help our clients weigh the cost of the lawsuit—the bulk of which will come from attorney fees—against what they can

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Good Faith and Fair Dealing in Contracts

By Charlie Carlin The general rule in Colorado is that every contract contains an implied duty of good faith and fair dealing. See State Farm Mut. Auto. Ins. Co. v. Goddard, 2021 COA 15, ¶ 29, 484 P.3d 765, 772; Alpine Bank v. Hubbell, 555 F.3d 1097, 1104 (10th Cir. 2009). This means that if the contract confers discretion on how the parties must perform under that contract, there is

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New SEC Cybersecurity Rules: What Public Companies Need to Know

The Securities and Exchange Commission (SEC) has implemented new rules requiring all public companies, including emerging growth companies (EGCs) and smaller reporting companies (SRCs), to disclose material cybersecurity incidents as well as information regarding their cybersecurity risk management, strategies, and governance policies.[1] Why? Gary Gensler, SEC Chairman, stresses that consistent cybersecurity disclosure is decision-critical for investors. Therefore, these new rules underscore the necessity for public companies to reinforce their cybersecurity

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Thinking About Selling Your Business? Your Top 9 FAQs Answered by an Attorney who Helps Clients Sell Businesses

By Andrew Comer Selling a business can be a very time-intensive, complex, and overwhelming process. Many clients come to me wondering how or when to begin the sale preparation process (or, in some cases, are unaware that there is a preparation process!).  However, businesses that have taken time to prepare for a sale ahead of time are far more likely to obtain a higher valuation and experience a problem-free closing.

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Part 4: 7 Things Every Company Needs to Know and Do Now to Ensure Compliance with Colorado’s New Data Privacy Law 

By Tyler Rauert Data Controllers have important new obligations under Colorado’s newly-enacted Data Privacy Law. They are as follows: Under the law, controllers MUST: Under the law, controllers MAY NOT: Keeping these new obligations in mind, here are the seven things every business should do now in order to ensure compliance with Colorado’s new data privacy law: This issue isn’t going away.  Developing internal privacy expertise is critical to successfully and cost-effectively

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Part 3: FAQs ABOUT COLORADO’S NEW PRIVACY ACT Who Does It Apply to and Three Unique Characteristics

Part 3: FAQs ABOUT COLORADO’S NEW PRIVACY ACT
Who Does It Apply to and Three Unique Characteristics

By Tyler Rauert When did The Colorado Privacy Act take effect?  July 1, 2023. Who Does the Colorado Privacy Act Apply To? The law applies to entities, including nonprofits, that conduct business in Colorado or deliver commercial products or services targeted to residents of Colorado; AND either: The law also applies to service providers, contractors, and vendors that manage, maintain, or provide services relating to the data on behalf of these companies.

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How the U.S. Differs from the E.U. - Part 2: UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE

Part 2: UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE
How the U.S. Differs from the E.U.

By Tyler Rauert In the first blog post in our data privacy series, we reviewed what unites the various data privacy regimes businesses are likely to encounter. Now, let’s identify the most important differences among them.   The first and most obvious is that the developed world’s two largest economies, the U.S. and European Union, have different perspectives on data privacy.  In the EU, the General Data Protection Regulation (GDPR) is

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UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE Part 1 of 4

UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE
Part 1 of a 4-Part Data Privacy Deep-Dive

By Tyler Rauert Data might be the most valuable asset in today’s economy.  Its capacity to power businesses and transform industries – even industries without mandatory hoodies or kombucha on-tap – is undeniable.  However, as Spider-Man reminds us in every chance he gets, with great power comes great responsibility.  Governments worldwide recognize the power of data and are codifying the duties of data-driven organizations in increasingly inescapable regulatory regimes.   While

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Nasdaq and SEC Adopt Final Executive Compensation Clawback Rules: What Are the Implications for All Listed Companies?

The Securities and Exchange Commission (SEC) has implemented new rules, now adopted by the New York Stock Exchange (NYSE) and the Nasdaq Stock Market (Nasdaq), requiring all listed companies, including emerging growth companies (EGCs) and smaller reporting companies (SRCs), to create and enforce executive compensation “clawback” policies.  What is a Clawback Policy? Clawback policies generally require publicly listed companies to recover, or “claw back,” excess incentive-based compensation paid to current

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