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Legal Articles

The Death of the Acreage Dedication?

Posted by Ryan M. Newburn | Mar 29, 2024 | 0 Comments

Acreage dedications in midstream oil and gas contracts have been subject to considerable scrutiny and legal debate in recent years. This article provides an overview of the current state of acreage dedications, examining key legal cases such as In re Sabine Oil & Gas Corp., In re: Extraction Oil & Gas et al.; In re Southland Royalty Company, LLC et al, and ETC Texas Pipeline, Ltd. vs. Chesapeake Energy Corporation, et al. The discussion highlights the implications of these cases for parties involved in midstream transactions, particularly those with acreage dedications, and offers insights into emerging trends and considerations in this complex area of law.

Acreage Dedications in Midstream Contracts

Posted by Ryan M. Newburn | Mar 06, 2024 | 0 Comments

Acreage dedications are a fundamental component of midstream oil and gas agreements, playing a crucial role in facilitating the transportation of hydrocarbons from production sites to market. These dedications involve the commitment of a specified area of land or leasehold to a midstream service provider for the exclusive use of its infrastructure. This article aims to dissect the concept of acreage dedications, analyze their significance, and delve into their practical applications within the oil and gas industry.

Asset Protection: Safeguarding Your Assets for a Secure Future

Posted by Tom Rubane | Feb 20, 2024 | 0 Comments

In today's unpredictable world, protecting your assets has become essential. Whether you are an individual or a married couple, having a solid asset protection plan can shield your hard-earned wealth from potential future liabilities. Asset protection strategies can vary depending on your specific circumstances, such as owning a house, having minor children, receiving Medicaid or veteran benefits, or having young adult children.

Securities Offerings Under Reg D

Posted by Patrick Ivy | Feb 13, 2024 | 0 Comments

Companies will often seek to raise capital through the issuing of securities. These issuances are governed by the Securities Act, intended by Congress to prevent widespread securities fraud and protect the retail investor from depredations by securities issuers.  Regulation D allows companies to raise capital through a sale of securities without the onerous registration and disclosure processes usually required by such sales under the Securities Act of 1933.

Generational Wealth Planning

Posted by Tom Rubane | Jan 25, 2024 | 0 Comments

Generational wealth planning is crucial for securing your family's financial future. This article explores pragmatic strategies to pass on assets efficiently, minimize tax implications, and foster a lasting financial legacy. From establishing trusts to navigating inheritance laws, this article offers straightforward insights to help you make informed decisions in managing and transferring wealth across generations. These practical steps and essential information ensure a solid foundation for your family's prosperity.

New Beneficial Ownership Information (BOI) Reporting Rules - What You Need to Know

Posted by Ryan M. Newburn | Jan 18, 2024 | 0 Comments

On January 1st, 2024, the Financial Crimes Enforcement Network's (FinCen) Final Rule regarding Beneficial Ownership Information Reporting will take effect under the Corporate Transparency Act. The US Federal Government believes such rules are necessary to protect the financial system from abuse by illegitimate, corrupt, and criminal activities. However, such rules will require new federal filings for small businesses or other companies not exempted under the new reporting requirements. Therefore, it is essential to be informed about these new disclosure requirements.

Understanding Will-Based Estate Plans: A Comprehensive Overview

Posted by Tom Rubane | Dec 21, 2023 | 0 Comments

Estate planning is crucial to organizing our lives, ensuring that our wishes are honored, and our loved ones are cared for after we are gone. Among the various approaches to estate planning, will-based strategies play a fundamental role. They provide a straightforward way for individuals to express their intentions, take care of their families, and address the complexities of asset distribution. For many, a Will-based estate plan may be the simplest and most cost-effective option, making the often-intricate landscape of estate planning more accessible and practical for everyone.

Twitter vs. Meta: Trade Secrets Theft Allegations Amidst Threads Launch

Posted by Ryan M. Newburn | Oct 24, 2023 | 0 Comments

Hours after the launch of Threads, Alex Spiro, an attorney for Twitter, sent a letter to Meta CEO Mark Zuckerberg accusing Meta of engaging in “systematic, willful, and unlawful misappropriation of Twitter’s trade secrets and other intellectual property.” The letter asserts that Meta has hired dozens of ex-Twitter employees with access to Twitter’s trade secrets and “ongoing obligations” to Twitter. It goes on to accuse Meta of “deliberately assign[ing] these employees to develop, in a matter of months, Meta’s copycat ‘Threads’ app with the specific intent that they use Twitter’s trade secrets and other intellectual property[.]” The letter demands that “Meta take immediate steps to stop using any Twitter trade secrets or other highly confidential information.”

Raising Capital in 2023 - Trends and Predictions for the Future

Posted by Ryan M. Newburn | Oct 17, 2023 | 0 Comments

Investment is a core pillar of economic growth. Fluid and easy access to investment capital allows firms to grow their businesses, develop new technologies, advance into new sectors, and hire more workers. Private and public capital markets serve an important and critical function in efficiently allocating capital. Capital, broadly speaking, includes all the productive assets of a firm. Such productive assets could fixed or physical assets such as machinery, factories, or land, or financial assets used for investing or purchasing productive physical assets. Financial capital is essential for the growth of a business. Businesses require such capital to buy new technology, machinery and hire employees. Often, companies must raise the financial capital necessary to grow their businesses, especially in the critical early periods where profits are speculative and costs are high.

Importance of Brand Identity in Mergers & Acquisitions

Posted by Ryan M. Newburn | Oct 10, 2023 | 0 Comments

A brand's identity is its outward appearance and reputation to consumers; typically, it includes visual aids like logos, slogans, and the reputation that brands cultivate within the community. Some classic and readily identifiable brand identities are attached to companies like Coca-Cola and Ben & Jerry's. You read the words "Coca-Cola" and visualize their iconic red packaging, the unique shape of a Coke bottle, and taste crisp bubbles on your tongue. Ben & Jerry's brand identity is different. This iconic ice cream brand is known for imaginative flavor names, social activism, and the personalities behind the name itself.

How the US Hopes to Use Midstream Infrastructure to Gain Energy Independence

Posted by Ryan M. Newburn | Oct 03, 2023 | 0 Comments

American energy independence has been a critical goal of US policymakers since at least President Dwight D. Eisenhower who imposed quotas on energy importations. But despite this focus, the United States, for decades, had relied on foreign energy sources for domestic consumption. However, the United States has experienced a sea change in domestic energy production in recent years. This article will provide an overview of the history of US energy independence, the recent boom in US energy production, and finally, the necessity of investing in the "midstream" of the energy supply chain to make the most of the United States' abundant natural energy resources and its natural gas production dominance.

Can Landlords be Held Responsible for Unlicensed Marijuana Dispensaries in Colorado?

Posted by Ryan M. Newburn | Sep 26, 2023 | 0 Comments

In 2012, the State of Colorado legalized retail marijuana use by those over the age of 21 through an amendment to their state constitution (Amendment 64). Since its legalization, the state has promulgated many rules and regulations pertaining to the sale of retail marijuana. What restrictions apply to those who operate retail marijuana businesses, and is there any liability for landlords who lease property to retail marijuana establishments? This article will address the potential legal issues landlords face when leasing property to retail marijuana establishments and recommend methods to mitigate such problems.

How will the Supreme Court's affirmative action decision impact nonprofits?

Posted by Patrick Ivy | Sep 05, 2023 | 0 Comments

The Supreme Court’s recent decision on affirmative action in Students for Fair Admissions v. President and Fellows of Harvard College has far-reaching implications for educational institutions and nonprofit organizations promoting diversity, equity, and inclusion. This article summarizes the Supreme Court’s decision and its potential effects on nonprofits, including how they may need to reassess their race-conscious programs and diversity initiatives to navigate the new landscape.

Who Should be a Part of a Non-Profit Board?

Posted by Ryan M. Newburn | Aug 29, 2023 | 0 Comments

Non-profits are legal entities that exist to address an important social purpose; they are often charitable and have missions relating to research, education, and/or community aid. Typically, non-profits are registered as 501(c)(3) organizations to receive tax-exempt status from the IRS. Charitable organizations are vital to the social and economic vitality of the U.S. Non-profits in the United States are abundant. Over 1.5 million 501(c)(3) organizations are registered in the U.S. as of 2023. Non-profits employ 10% of the U.S. labor force, making up over $2.5 trillion of U.S. GDP.

Employment Laws and Cannabis Use

Posted by Ryan M. Newburn | Aug 22, 2023 | 0 Comments

In the ever-evolving landscape of cannabis legalization, the intersection of cannabis use and employment laws has become a focal point of legal deliberation and social discourse. With changing perceptions and attitudes toward cannabis consumption, legislative measures have undergone significant transformations to safeguard the rights of individuals who use cannabis responsibly. This article aims to explore the complexities surrounding cannabis in the workplace and shed light on how the law is continually adapting to protect users' rights from discrimination.

Sarah Silverman's Lawsuit Against OpenAI for Copyright Infringement

Posted by Patrick Ivy | Aug 15, 2023 | 0 Comments

In July of this year, comedian and author Sarah Silverman and similarly situated co-plaintiffs filed a class action complaint in the United States District Court for the Northern District of California against OpenAI and related entities. Silverman and her co-plaintiffs alleged infringement of their held copyrights under 17 U.S.C. § 106 by OpenAI. The lawsuit quickly made headlines, as commentators noted that the case's outcome may have far-reaching implications for the future of artificial intelligence.

Hermes vs. Rothschild - IP Issues Arising with NFTs

Posted by Patrick Ivy | Jul 18, 2023 | 0 Comments

On February 8th, a jury in the Southern District of New York returned a consequential verdict: Mason Rothschild, the defendant, was liable for infringement on and dilution of Hermes International's trademarked handbag, the Birkin. The integrity of the Hermes brand was not the only important outcome at stake. The verdict implicated the future of digital ownership technologies, including the proliferation of non-fungible tokens, or NFTs.

How AI May Impact Intellectual Property Rights

Posted by Patrick Ivy | Jul 11, 2023 | 0 Comments

Artificial intelligence has emerged as a transformative technology with profound implications for various industries. AI’s continued development and reach raises important questions about intellectual property rights and ownership. This article will explore the interconnection between AI and IP and discuss the issues surrounding AI and copyrights, trademarks, patents, and brands.

Colorado’s State-Imposed Remediation Plan Impact on Oil Companies

Posted by Patrick Ivy | Jul 04, 2023 | 0 Comments

In April 2019, the governor of Colorado, Jared Polis, signed into law some of the most sweeping and significant state-level legislation regulating oil and natural gas. The bill, SB 18-191, decisively shifted the state government’s focus from “fostering” the oil and gas industry in the state to “regulating” it—with a particular emphasis on the industry’s climate and environmental impacts.

What is a 501(c)(4) nonprofit?

Posted by Patrick Ivy | Jun 13, 2023 | 0 Comments

The Internal Revenue Service (IRS) defines a 501(c)(4) nonprofit as a tax-exempt organization that is established for social welfare purposes or local associations of employees. The term “501(c)(4)” refers to the section of the Internal Revenue Code where these organizations are granted tax-exempt status.

What Are Fiscal Sponsorships?

Posted by Ryan M. Newburn | Jun 06, 2023 | 0 Comments

A fiscal sponsorship is a relationship between a nonprofit organization and a third-party entity engaged in a project or activity related to its mission – the nonprofit extends its legal and tax-exempt status to that third party in exchange for an administrative fee. The nonprofit is the "Fiscal Sponsor," and the partner organization is the "Sponsored Partner."

Why Businesses Should Care About ESG

Posted by Ryan M. Newburn | May 30, 2023 | 0 Comments

Increasingly, stakeholders and investors require more transparency surrounding the business practices that affect ESG. Businesses that commit to supporting and contributing to the environmental and social health of their local and broader communities are becoming more appealing to investors and consumers and are attracting greater investment and consumer spending.

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