Misclassifying Workers

EXECUTIVE SUMMARY Employee misclassification poses significant legal and financial risks for businesses. Workers must be properly classified as W-2 employees versus 1099 contractors using DOL and IRS tests that examine control, financial arrangements and work relationships. Employees require further classification as exempt or non-exempt based on salary level, basis and duties tests. Misclassification penalties include … Read more

Equity or Cash: Temptation & Risk for Lawyers

Sooner or later a startup lawyer will hear the suggestion that payment be postponed or waived in exchange for equity. What is the lawyer to do when the client cannot (or would rather not) pay and offers stock instead? On its face, taking equity looks like a practical solution. The client preserves cash, the lawyer … Read more

America’s AI Action Plan: A Legal Perspective

In July 2025, the Trump Administration unveiled America’s AI Action Plan, a sweeping national strategy aimed at securing U.S. global dominance in artificial intelligence. The plan is ambitious and broad, outlining how the U.S. intends to accelerate AI innovation, build robust AI infrastructure and assert leadership in international AI diplomacy and security. While the plan … Read more

New Jersey Angel Investor Tax Credit Program

The New Jersey Angel Investor Tax Credit Program serves as a powerful engine for innovation and economic expansion within the state. By offering substantial tax credits to those who invest in emerging technology businesses, the program seeks to attract much-needed capital to high-growth sectors like biotechnology, life sciences, advanced materials and renewable energy. The program … Read more

AI-Powered Contract Analysis in M&A

A variant of this post was published in Deal Points, the Newsletter of the Mergers and Acquisitions Committtee of the American Bar Association. In mergers and acquisitions, contracts form the backbone of transactions, governing crucial aspects such as liabilities, obligations, warranties and intellectual property rights. The thorough analysis of these contracts is a critical component … Read more

The GENIUS Act: Stablecoin Framework

Following widespread bipartisan congressional support, President Trump signed the Guiding and Establishing National Innovation for U.S. Stablecoins Act into law on July 18, 2025, marking the culmination of extensive legislative efforts to establish the first comprehensive federal regulatory framework for digital assets. The Act’s passage represents a significant milestone in cryptocurrency regulation and reflects strong … Read more

All Mariah Carey Wanted for Christmas Was for You to Stop Suing Her

The holiday season brought an early gift for Mariah Carey as she successfully defended against a copyright infringement lawsuit that threatened one of the most beloved Christmas songs of all time. The case serves as an important reminder for practitioners about the stringent requirements for proving musical copyright infringement and the risks of pursuing weak … Read more

SBA 7(a) Loan Application Guide

The SBA 7(a) loan program serves as the U.S. Small Business Administration’s flagship lending initiative, designed to bridge the gap between small businesses’ need and what traditional lenders are willing to provide. By guaranteeing a portion of the loan (typically 75 to 85%), the SBA reduces the risk for lenders, making them more willing to extend credit … Read more

AI Training Wins Copyright Battle

A recent ruling represents a significant development in the evolving landscape of AI copyright law. The Northern District of California’s decision in a case against Meta Platforms provides some important insights into how courts may approach the intersection of artificial intelligence and copyright protection. Background and Legal Framework Meta prevailed in a copyright case involving … Read more

Student Loans & the One Big Beautiful Bill Act

The recent passage of the One Big Beautiful Bill Act (OBBB) has fundamentally transformed the landscape for existing student loan borrowers, creating both new challenges and opportunities for those currently managing debt. Understanding how to navigate these changes while dealing with existing repayment obligations has become critical for millions of Americans facing an unprecedented default … Read more

Supreme Court: States Can Card You Online

The Supreme Court upheld Texas’s H.B. 1181, a law requiring commercial websites that distribute sexually explicit content to verify that users are at least 18 years old. The law targets material considered obscene for minors but not necessarily for adults. Petitioners representing the pornography industry challenged the statute as a violation of the First Amendment, … Read more