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Recordkeeping:  the often-thankless administrative task that only gets noticed when things go wrong.  Why should your legal department even care?  Two reasons: Let us layer on the additional complication of messaging apps…  Professional texts are corporate records, and their retention may be required.  Here are the facts: On September 27, 2022, the US Securities and …

What’s up with WhatsApp? 4 Tips for Avoiding Recordkeeping Fines Read More »

The world of corporate compliance is in continuous evolution.  Sometimes, however, it suffers a slight paradigm shift.  With apologies to Yentl, “this is one of those moments.” The DOJ has now outlined a number of prioritized topics that you might find alarming: 1. Clawbacks for guilty executives; 2. CCO Certifications; and 3. Personal messaging. Before …

Dramatically New DOJ Expectations for Compliance Programs: What You Need to Know Read More »

As attorneys, one of our sacred obligations is the maintenance of the attorney-client privilege.  We strive to maintain the privilege to the fullest extent practicable.  However, the law always provides for exceptions.  (We won’t, for example, be able to assist you with homicide.  Sorry.)  The U.S. Congress may be adding another exception to that relatively …

What Are Your New Compliance Expectations under the ENABLERS Act? Read More »

With the Russian invasion of Ukraine, several topics have taken center stage, among them: economic sanctions, wheat and food shortages, and the exits of famous brands like Starbucks, McDonald’s, and PepsiCo.  (What will Red Square do without its Happy Meals?)   Yes, Russia “exports” foreign brands; it also “exports” cyber-terrorism and ransomware attacks.  (To be …

Ensure Your Insurance Insures Cyber-attacks! (Also, 3 Macro-Recommendations to Maximize Protection) Read More »

Unfortunately, it is that time again. You may already be aware that, in order to remain compliant with state law, Texas requires annual tax filings. Each year, Corporations and LLCs must file the Annual Franchise Tax Report and the Franchise Tax Public Information Report.  This year, the deadline is May 16, 2022. Helpful (and complimentary!) …

Texas Franchise Tax Reporting: Step by Step Read More »

In response to the COVID-19 pandemic, the U.S. government offered COVID-19 Economic Injury Disaster Loans (“EIDL”) through the Small Business Administration (‘SBA”).  The SBA stopped accepting new loan applications as of January 1, 2022.  Due to program design, the EIDL might cloud title without providing adequate public notice.  This means that an EIDL loan could …

Don’t Let Your EIDL Loans Breach Contracts and Cloud Title! Read More »