Arbitration Provisions In LLC Agreements Are Enforceable, Even If Other Terms Are Not

The Ritz-Carlton Management Company (RCMC) was able to compel arbitration as provided for in a condominium association LLC operating agreement, even though condominium owners alleged the agreement was unconscionable, and that RCMC had committed fraud. (Ritz-Carlton Mgmt. Co. v. Ass’n of Apartment Owners of Kapalua Bay Condo. (D. Haw., 2013), rehearing denied, http://www.gpo.gov/fdsys/pkg/USCOURTS-hid-1_13-cv-00055/pdf/USCOURTS-hid-1_13-cv-00055-1.pdf ) The…

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Private Offerings Slides Available

I’ll be delivering a talk for the Illinois State Bar Association on private offerings after the JOBS Act, and have posted the PowerPoint for free download at slideshare.net. The slides cover exceptions from public offering registration under Regulation D (including the new Rule 506(c)), what and when to file reports with state and federal regulators,…

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FINRA Proposed Limited Registration For Capital Finders

The Financial Industry Regulatory Authority (FINRA) has proposed a limited form of registration for persons and organizations involved in finding capital for business deals. The title for such brokers would be “Limited Corporate Financing Brokers”, and the proposal is Regulatory Notice 14-09, available at  http://www.finra.org/Industry/Regulation/Notices/2014/P449587 “Finders” regulation has been an active topic of conversation in…

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Phase I Hazardous Land Conditions Study Standard Approved By USEPA

The US Environmental Protection Agency issued rules December 30, 2013 approving the American Society for Testing and Measurement (ASTM) E1527-13 standard practice for Phase I environmental site assessments. This is an “all appropriate inquiries” standard, which defines and limits what types of site conditions require inquiry, allows parties to rely on agency letters indicating they…

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