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Cover Your SaaS – Issue V, Q3 202110/04/2021

As we move into harvest season, we here at Cover Your SaaS (CYS) have cultivated a fresh crop of updates for your enjoyment. Keen observers will note that there has been a somewhat larger gap than usual between newsletters and we admit, it has been a minute. Of course, absence makes the heart grow fonder so we are excited to…

Foreign Discovery Through Letters of Request Are Not An Absolute Right09/05/2021

The Letter of Request Procedure is the main means of evidence gathering under the Hague Convention. This process begins with a request made to the U.S. court where the action is pending to issue a letter of request seeking the production of specified documents or the taking of testimony from a particular witness. The court transmits the letter of request…

Delaware Bankruptcy Court Confirms Bankruptcy Court Has Authority to Issue Preliminary Injunctions To Freeze Assets09/02/2021

In 1998, The U.S. Supreme Court in Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, 527 U.S. 308, held that the District Court had no authority to issue a preliminary injunction preventing petitioners from disposing of assets pending adjudication of the respondents’ contract claim for money damages. Subsequently, courts have interpreted Grupo to carve out exceptions for equitable actions…

Inquiry Notice Applies to A Transferee’s Good Faith Defense to a Trustee’s Fraudulent Avoidance Action09/02/2021

On August 30, 2021, the Second Circuit decided in Irving Picard, trustee for the Liquidation of Bernard L. Madoff Investment Securities, LLC v. Citibank N.A., 20-1334, on “appeals of the latest installment in the long-running litigation arising from Bernard Madoff’s Ponzi scheme” whether the District Court properly dismissed actions brought against initial and subsequent transferees, to avoid and recover transfers,…

As SPAC Deal Flow Increases, Expect Litigation to Follow Suit08/31/2021

With the recent rise in popularity of special purpose acquisition companies (“SPACs”), expect an uptick in SPAC related litigation to follow. SPAC’s are referred to as “blank check” companies because they are shell companies formed by a sponsor group to raise funds in an initial public offering (“IPO”) for the purpose of acquiring a yet-to-be-identified privately held target company. After…

And Then There Were Three: The Colorado Data Privacy Law – Colorado Becomes Third State to Enact Consumer Privacy Law07/15/2021

On July 7, 2021, Colorado’s Governor, Jared Polis, signed the Colorado Privacy Act (“CPA”) into law.  Colorado is the third U.S. state to enact a comprehensive privacy law, following the previous enactment of the California Consumer Privacy Act (“CCPA”) and the Virginia Data Privacy Act …

Discovering and Recovering Cryptocurrency Assets Is Easier Than Originally Suspected07/01/2021

It is no secret that the rapid development of cryptocurrencies and sudden surges in their popularity presented challenges to victims trying to recover their losses. Cryptocurrencies are a secure, decentralized and anonymous way to conduct transactions outside the customary banking channel. Criminals flocked to cryptocurrencies …

The Rise Of Fraud Schemes From the CARES Act05/07/2021

The CARES Act, which sought to provide economic assistance during the global health pandemic, is exalted as an essential federal initiative. One of the most visible pieces of that Act is the PPP, which seeks to provide immediate financial assistance in the form of SBA-guaranteed …

Chicago Department of Finance Issues Nexus Guidance01/25/2021

On January 21, 2021, the Chicago Department of Finance (“Department”) issued an anticipated Information Bulletin (“Nexus Bulletin”) providing guidance on nexus and establishing a prospective “safe harbor” for certain taxes, including electronically delivered amusements under the Chicago’s Amusement Tax (“Amusement Tax”) Ordinance and nonpossessory computer …

Prejudgment Freezing Orders in the US To Combat Evasive Debtors in the Current Pandemic Environment01/14/2021

The 2021 pandemic environment is showing trends toward evasive debtors trying to protect their wealth by moving assets fluidly around the world as creditors evaluate the value of assets and the ability to recover claims and debts.

Current Trends to Hide Assets01/07/2021

With the economy on troubling grounds, there is a greater desire to protect assets. But, there is a difference between hiding and protecting assets. Hiding assets is a form of protection, but done for illicit purposes to keep away from current creditors.

Consideration for Creditors During Current Economic Upheaval When Confronting Cayman Islands Trusts and Foundation Companies12/18/2020

The economic upheaval caused by the pandemic has forced persons to focus on asset preservation. The desire to protect wealth and business assets in a well-run, regulated and safe jurisdiction has led to a marked increase in business for the financial sector in places such …

Chicago Lease Transaction Tax Rate Increase for “Cloud” Software Products12/16/2020

On November 16, 2020, the City Council for the City of Chicago (“City Council”) amended the Chicago Personal Property Lease Transaction Tax Ordinance (“Ordinance”), eliminating the lower rate of tax on a nonpossessory lease of a computer, which includes “cloud” software products.

Cover Your SaaS – Issue IV12/08/2020

With the holidays upon us, it seems like a good time to take a pleasant stroll through the cloud computing and digital product SALT developments you and your clients should be aware of. We returned to the “classic” format for this edition, organizing the stories …

Cover Your SAAS – Issue III08/18/2020

Welcome to the third edition of Cover Your SaaS. Following a brief mid-summer hiatus from which the authors returned pale as ever, we dive once more into the cloud computing and digital product SALT developments you and your clients should be aware of. This is …

Cover Your SaaS – Issue II06/22/2020

Welcome to the second edition of Cover Your SaaS, your new favorite(ish) semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Far from accepting a sophomore slump, this edition boldly delves into SALT developments in the digital products sphere, the importance of separately …

Cover Your SaaS: A Semi-Regular Publication on State and Local Tax Developments in the Cloud Computing and Digital Space – 4/10/2004/10/2020

Welcome to the first edition of Cover Your SaaS, a new semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Using the latest in news-scanning technology, i.e., the daily emails that land in our inbox, our goal is to keep you updated on …

Trusts and Estates Checklist of Information to be Maintained02/27/2020

The first step in implementing your estate planning is to prepare lists of personal and financial information.  These should include lists of assets, estate planning documents, personal information, important people and personal directives.  Once gathered and organized, keep the information up-to-date and stored in a …

The New Illinois Cannabis Regulation and Tax Act and a Preview of Upcoming Litigation02/26/2020

As you undoubtedly know by now, on January 1, 2020, Illinois became the 11th state to legalize the possession and use of adult-use cannabis. The new law, the Cannabis Regulation and Tax Act, 410 ILCS 705, et seq., (the “CRTA”) – all 610 pages of …

Letters of Wishes: An Administrative and Moral Headache in Disguise?02/04/2020

Trustees may have difficulties determining whether to make distributions when the grantor’s intentions are unclear.

Current Treatment of Mareva Injunctions in Canada01/29/2020

A Mareva injunction freezes a defendant’s assets to avoid their dissipation and to enable a judgment to be later satisfied. 

Cybersecurity Preparedness01/29/2020

As 2020 kicks off, cybersecurity remains ever present in the news whether its predictions for cyberattacks in conflict between state actors, such as the United States and Iran, or the recent New York Times report regarding a possible hack at the Ukrainian gas company at the heart …

SEC Proposes Changes to Accredited Investor Standard and Assesses its Impact on the Marketplace01/09/2020

In December 2019, the Securities and Exchange Commission (the “SEC”) proposed amendments to the definitions of “accredited investor” and “qualified institutional buyer”.

Illinois House Bill Requires Public Corporations with Principal Executive Offices in Illinois to Report to Secretary of State01/07/2020

House Bill 3394, approved by the Governor on August 27, 2019 and effective immediately (Public Act 100-589), amends the Business Corporation Act of 1983 (“BCA”) to add new Section 8.12 and amend Section 14.05.

Developments Offshore In Third Party Disclosures in Wrongdoings (Norwich Pharmacal Relief)01/06/2020

In the last several years to assist tracing of assets and discovery of perpetrators, courts in English common law countries have shown a willingness to assist victims by ordering third parties to disclose information through discovery about wrongdoings under Norwich Pharmacal relief.

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