Aimee B. Davis Law P.C.

Deals Seem to Take Longer Than Ever to Close

Deals Seem to Take Longer Than Ever to Close Throughout my 30-year career, I’ve noticed an uptick in how long it takes to close deals. These days it seems to take longer than ever.   I negotiate lots of billboard leases. Unlike commercial leases, billboard leases tend to be much shorter documents and generally contain… Continue reading Deals Seem to Take Longer Than Ever to Close

The Unforeseeable Force Majeure

The Unforeseeable Force Majeure {The first time a client called me seeking to be excused from performance of a contract under the force majeure clause due to COVID-19 was in March 2020. During the next 2 years, I regularly assisted clients seeking rent abatements on account of the pandemic.   What is force majeure?  In… Continue reading The Unforeseeable Force Majeure

What is M&A Transaction Insurance?

What is M&A Transaction Insurance? {4 minutes to read}  When I began my career in Big Law, M&A insurance didn’t exist. About 15 years ago, private equity firms began using it when acquiring companies.     Before that, buyers sought protection against losses resulting from misrepresentations made by sellers in asset or stock purchase agreements… Continue reading What is M&A Transaction Insurance?

What is a Buy/Sell Agreement and Why Do I Need One?

What is a Buy/Sell Agreement and Why Do I Need One? Last year I was retained by a few clients to either draft new or review and revise their existing buy/sell agreements. In one case, it was the owner/operator of various restaurants who (following 20 years in business without any written agreement among the shareholders),… Continue reading What is a Buy/Sell Agreement and Why Do I Need One?

Compliance with the Corporate Transparency Act is a Legal Hot Potato

Compliance with the Corporate Transparency Act is a Legal Hot Potato Since becoming effective January 1, 2024, I’ve received many email alerts from accountants and attorneys announcing The Corporate Transparency Act (CTA).   What is the CTA? The CTA is an anti-money laundering act requiring millions of small businesses (each a “Company”) to file Beneficial… Continue reading Compliance with the Corporate Transparency Act is a Legal Hot Potato

To Jointly Venture or Not?

To Jointly Venture or Not? {4 minutes to read}  {4 minutes to read} When I was a junior associate working in BIG law firms, I wondered when I’d have enough corporate transactional experience to confidently advise clients how to structure their complex commercial deals. Fast forward nearly 30 years, and I continue to learn that… Continue reading To Jointly Venture or Not?

Make the Contract Make Sense [and Say What You Mean]

Make the Contract Make Sense [and Say What You Mean] {4 minutes to read}  {3 minutes to read} Legal contracts are often difficult enough to understand and interpret, but recently I’ve encountered opposing counsel suggesting vague language, which “kicks the can down the road” — so that key terms and decisions are made later, outside… Continue reading Make the Contract Make Sense [and Say What You Mean]

What is the Difference Between a Lease and a License?

{4 minutes to read} Although the words “Lease” and “License” are sometimes used interchangeably, these are separate legal concepts that convey different rights and duties to the recipient.

What to Do if Consent Can’t be Obtained

What to Do if Consent Can’t be Obtained {4 minutes to read}  If we learned something from the #Metoo movement, I hope it includes that what constitutes informed consent is complicated. There is a different (yet also complicated) consent right that is governed by corporate law, which is: Consent to assign a contract to a… Continue reading What to Do if Consent Can’t be Obtained

Questions About the Confidentiality of Customer Lists

Cyber security, Data protection, information safety and encryption. internet technology and business concept. Virtual screen with padlock icons.

Questions About the Confidentiality of Customer Lists {3 minutes to read} In order to maintain my license and remain an attorney in good standing in the State of New York, I’m required to attend 24 hours of continuing legal education (CLE) every two years. After 25 years practicing law, it’s become increasingly challenging (and this… Continue reading Questions About the Confidentiality of Customer Lists