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.
Asset protection follows the continuum of life’s events, reflecting the changes that individuals, families, careers, businesses and wealth undergo. Within the wealth spectrum, a simple way of thinking about asset protection strategies is from lower risk and simpler tactics to higher risk and more complex and sophisticated tactics. This approach will cover everything from how assets are owned and titled to how they’re insured and protected against risk to how they can be held for efficient asset management.
Some 90 percent of adults over 65 prefer to “age in place,” and even the need for health or mobility assistance doesn’t change their desire to stay in their own homes. It raises issues not just for Baby Boomers, but for those who are responsible for their transitioning through the stages of aging. The “aging in place” trend has also brought with it significantly more options and risks on the continuum of care. Welcome to senior citizenship, 21st Century style.
Cybersecurity risk creates a vexing set of challenges for family offices, high net worth families and executives, who, like any other business, would be well-served to make cybersecurity an important part of their estate planning and asset protection strategies. If the family or executive is prominent, a host of other issues related to privacy and identity protection apply. While there is no simple solution to the growing risks posed by cybercrime, there are few steps family offices, high net worth families, and executives can take to minimize the cyber attacks.
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.