Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper attention in the review process: (1) Confidentiality Provisions; (2) Indemnity Provisions; (3) Consequential and Special Damages; (4) Product Warranties; and (5) Audit Rights.
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A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the target’s liabilities that are not expressly assumed by the acquirer remain liabilities of the target, and the acquirer will not have exposure to them. As a general rule, this is correct.
News reports show large-scale data breaches are on the rise and affecting large retailers and even consumer credit organizations. There are numerous categories of cyber crime, but the ones that affect the most victims include identity theft, credit card fraud, and social networking scams. However, there are actions you can take to better protect yourself, your family, and your lifestyle from cyber crime and its long-lasting effects.
Estate-planning advisors should be aware that there are many creative planning opportunities for the use of Private Placement Life Insurance (PPLI) with trusts. PPLI is essentially a flexible premium variable universal life insurance transactions that occurs within a private placement offering. Previously, PPLI hadn’t been as appealing due to lack of Internal Revenue Service guidelines; limited investment alternatives; and wide-ranging expense charges.
Business impersonation scams are a large and growing risk for high-net-worth individuals, closely held business owners, and institutions. Scams have claimed victims in all 50 states and more than 100 countries and there is every reason to believe the threat is growing. Learn seven steps that can help you protect yourself and your business from impersonation and other types of fraud.
Overall, the insurance market in Asia remained competitive in 2015, with rates remaining stable or decreasing in most lines of insurance. However, certain lines did experience rate increases and these were generally driven by loss experience, as in the case of the Tianjin explosion in August and its impact on property catastrophe-exposed coverage, or rising costs, such as has been seen in the medical malpractice and employee benefits lines.
Ample capacity and insurer competition generally put downward pressure on rates in most coverage lines in 2015, a trend expected to continue in 2016, barring unforeseen changes in condition. Other significant developments that bear watching throughout 2016 include demand for cybersecurity coverage across all industries, large-scale mergers and acquisitions, executive leadership changes, and recent announcements regarding potential and actual reinsurance underwriting.
Identity theft is a risk that continues to grow and change daily. Due to the many forms identity theft can take, including medical, credit, and financial, the threat remains prevalent and affects millions of people every year. Keeping up-to-date with the latest prevention methods is the surest way to protect the assets and identity. There are a number of steps that can be taken to reduce the risk of identity theft, including reducing access to personal information and maintaining a list of credit card issuers and phone numbers.
All businesses face cyber threats. Almost every company has some kind of network, database or online presence that puts it at risk for a cyber breach. Smaller businesses can be more vulnerable than larger ones as they often use third-party hosting and information processing that can be an entry point for cyber attacks. By following various proactive efforts, companies can protect their employees, their clients, the products, and their intellectual capital.
Each year fraudsters are stealing millions of dollars through sophisticated fraudulent use of Email Compromise Scams targeted at individuals and employees who regularly perform wire transfers. The scam involves a fraudster creating a false email or alternatively, hacking into a real email account of an executive, business partner, employee or financial advisor in order to generate a fraudulent request for a transfer of funds. The email is normally well designed and appears legitimate. Stay protected and secure by following preventive measures and developing good security habits.