Blog
What Is Founders Stock?
The term, "founders' stock" is often used in the start-up world. Founders’ shares are typically shares of common stock issued to founders and initial employees of a company very early in the process of forming and organizing the company. These shares can be issued...
Is it Easy Being Green? Demystifying SEC Climate Disclosure Rules
In the midst of the growing trend to invest in climate-forward and environmental, social, and governance (ESG) companies, the U.S. Securities and Exchange Commission (SEC) is once again taking steps to stay current. The SEC is considering passing climate-related...
The Coinbase Bankruptcy Disclosure: Are Your Assets Safe?
The press has been buzzing about Coinbase’s most recent 10-Q disclosure in its May 10, 2022, filing with the Securities and Exchange Commission (SEC). In the filing, Coinbase indicated that a bankruptcy court might treat its customers as unsecured creditors if a...
New Requirements for U.S. Entry at Land Ports and Ferry Ports
Beginning as of Saturday January 22, 2022, the Department of Homeland Security will require that individuals, who are not U.S. citizens, permanent residents (green card holders) or U.S. Nationals, must show proof of being fully vaccinated against COVID-19 when they...
Employers Obligation to Provide Employees with COVID-19 Sick Leave Endures into 2022
When is an employer in New York State required to provide a COVID-19 Sick Leave to an employee? As 2022 dawns and the COVID-19 pandemic continues (along with the expansion of COVID-19 cases due to the omicron variant), employers in New York State still have an...
Are Oral Contracts Legally Binding (in NYS)?
An arrangement can be as simple as a handshake agreement or an oral understanding over coffee. When two parties form an agreement without written documentation, is that agreement legally binding? The answer, generally, is yes, unless the agreement is required to be...
An Overview of Email Marketing – the CAN-SPAM Act
Businesses use email marketing to engage prospects, clients and customers on a regular basis. If you’re one of these businesses, you should have some familiarity with the laws governing email marketing. Specifically the The CAN-SPAM Act, a law that establishes rules...
Can an Employer Mandate COVID-19 Vaccinations?
With vaccinations for COVID-19 now readily available and with the Pfizer vaccine fully approved for use by the Food and Drug Administration, employers are considering whether they can (or should) impose a vaccination requirement on their employees. The simple legal...
HIVE Closes $100,020,000 Private Placement
November 30, 2021. We congratulate our client, HIVE Blockchain Technologies Ltd ("HIVE") (TSX.V:HIVE) (Nasdaq:HIVE) (FSE:HBF) on closing a Cnd$100,020,000 private placement of shares and warrants. Stifel GMP acted as lead underwriter and sole bookrunner on behalf...
Kavinoky is Hiring
We are seeking an associate attorney to join us, primarily in our litigation practice. In addition to working on litigation matters, we also would ask this person to work on commercial transactions as needed. The firm is looking for a candidate with three to five...
We Mourn the Loss of Richard Griffin
Kavinoky Cook LLP mourns the loss of our former partner, Richard F. Griffin, who died, peacefully, on Thursday morning, October 14, 2021, in Millard Fillmore hospital, of complications of a lung infection. We offer heartfelt condolences to his wife Jane and to all...
Predictmedix Registers as a Reporting Company
Our client, Predictmedix Inc., successfully cleared SEC comments today and is registered as a reporting company under the Securities Exchange Act of 1934. Predictmedix is a Canadian foreign private issuer that registered on Form 20-F. This registration is a step in...
Non-Compete Agreement Update
Non-compete agreements are “bread and butter” agreements in the business world. While the enforceability of these agreements has been a fundamental element in their drafting for many years, the environment is evolving more rapidly with the issuance of Executive Order...
Non-Disclosure Agreement (NDA) Guide for Small Businesses
Many businesses have proprietary information that they rely on to stay competitive. However, there are many instances where information has to be shared in order to accomplish an objective or simply to have a candid discussion that will not come back to bite the...
Share Transfer Restrictions – Sometimes We Want Them, Sometimes We Don’t
An issue that comes up regularly when we form a new business entity is restrictions on transfer of the equity shares. In a nutshell, the founders of the company usually are comfortable with each other, but they do not want new faces at the table if someone in the...
HIVE Blockchain Technologies Ltd. listed on the NASDAQ
Today we congratulate our client, HIVE Blockchain Technologies Ltd. on its new listing on the NASDAQ Capital Market. The ticker symbol is “HVBT”. HIVE mines Bitcoin and Ethereum in its state-of-the-art, green energy-powered data centers located in Canada, Sweden, and...
New York State Enacts the “NY HERO Act”
On May 5, 2021, Governor Cuomo signed legislation known as the New York Health and Essential Rights Act, or “NY HERO Act.” This new law imposes substantial new requirements on private sector employers related to workplace safety. First, the Act requires all private...
Helping Foreign Athletes to Compete in the U.S.
Since the onset of the COVID-19 pandemic, we have been approached by athletes from outside the United States seeking visa status to train and compete in the U.S. The pandemic has put their sport in a state of suspension and the window of opportunity that athletes...
An Unfortunate Fact of Business Life
We have all encountered it. Sometimes business people stretch the truth or outright lie. Do chronic liars have unique personality traits that help you spot them? We thought the article linked below was interesting. Judge for yourself.
Why Most Venture-Backed Startups Should Be C-Corps
If Your Company is a Candidate for Venture Capital Investors, Use a Structure That Investors Actually Like At the start of any business, the founders have to decide what type of business entity structure to adopt. Should you establish your business as a limited...
Private Placement and Crowdfunding Rule Changes Create New Opportunities
As of March 14, 2021, the Securities and Exchange Commission amended its private offering rules to harmonize an overly complex set of rules for smaller offerings. Many of the changes will apply directly to our smaller and medium-sized clients looking to raise equity...
Real Property Tax Assessment Grievance Filing Deadline
As the deadline for tax assessment challenges approaches, we are being asked whether declining values of commercial and office properties due to the pandemic can be the basis for filing a property tax assessment challenge. The answer is "Yes." The commercial retail...
Immigration Law Update
Prior Ban Rescinded On February 24, 2021, President Biden revoked the Trump Administration’s proclamation barring certain visa processing. This Biden Proclamation enables us to pursue new L-1 visas. It disables the Trump ban known as Presidential Proclamation...
New York Amends Sick Leave Law
New York's new sick leave law went into effect on January 1. New York is one of 15 states with a paid sick leave law. Workers can use sick leave to recover from an illness themselves, care for a sick family member, or seek help for themselves or a family member for...