Jim Cumbee JD, MBA

If you are looking for the most important issues to consider for the DOL's Fiduciary Rule, this webinar from my K&L Gates colleagues will certainly help you find out!

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#SPBRestructuring dives into detail on what happens when a liquidating debtor seeks to assume a lease and waits up to two years thereafter to determine who the assignee will be! Make sure to check out the full blog below!

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My latested article. This one about the potential perils of post-closing purchase adjustments https://lnkd.in/ekB2DKRs

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About that Bankruptcy Court ➡️ #5thCircuit opinion in re: Serta Simmons Bedding, LLC: Over the years I have been engaged as a consulting and testifying expert in connection with various #liabilitymanagementtransactions undertaken by #distressedcompanies, including both drop downs and uptiers. In re: Serta, I was engaged by counsel representing the "excluded lenders". The issue revolved around Serta Simmons Bedding, LLC and the "preferred lenders'" assertion that #Serta's debt restructuring fell within the bounds of the "open market purchase" provision in Serta's loan agreement. As part of Serta's bankruptcy proceeding, I submitted a declaration and #expertreport in which I offered the opinion that Serta's actions did not constitute an "open market purchase", as a reasonable market participant would have understood that term. The Fifth Circuit agreed that Serta's uptier transaction did not constitute an "open market purchase". A team at Bates White Economic Consulting led by Kory Shipp supported me on this engagement. For further insights, my expert report and the Fifth Circuit's opinion can be found at the links below: Declaration and Expert Report of Marti P. Murray at https://lnkd.in/emMDuy_W Fifth Circuit Opinion at https://lnkd.in/eWs-k-4s #litigationsupport #expertwitness #liabilitymanagement #openmarketpurchase #leveragedfinance #distress #bankruptcy

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Importance of Proper Beneficiary Designations In today’s episode, you’ll hear about: • IFT, TOD, POD • Naming Contingent Beneficiaries • Update as Circumstances Change Listen now, here: https://lnkd.in/erSNp7NU

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Our recent MAZURKRAEMER Business Law newsletter chock full of the links to the projects, articles and presentations on which we have been working. CHECK IT OUT! https://conta.cc/3NoWv49

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Managers and members of LLCs have fiduciary obligations to the company and its members. In this StartupPercolator post, Perkins Coie's Patrick Anding and Andy Shawber provide an overview of those duties, when they apply, and some practical tips. #Startups #LLCs #StartupTips #FiduciaryDuty #StartupPercolator

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Managers and members of LLCs have fiduciary obligations to the company and its members. In this StartupPercolator post, Perkins Coie's Patrick Anding and Andy Shawber provide an overview of those duties, when they apply, and some practical tips. #Startups #LLCs #StartupTips #FiduciaryDuty #StartupPercolator

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A detailed, comprehensive Letter of Intent (LOI) is the foundation of a successful business sale. By addressing key issues early, you can protect your interests and prevent unwelcome surprises. Discover the power of a thorough LOI: https://lnkd.in/eX_jCn7b #LetterOfIntent #BusinessTransactions #CorporateLaw #FLBLaw

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Managers and members of LLCs have fiduciary obligations to the company and its members. In this StartupPercolator post, Perkins Coie's Patrick Anding and Andy Shawber provide an overview of those duties, when they apply, and some practical tips. #Startups #LLCs #StartupTips #FiduciaryDuty #StartupPercolator

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🔐 Trusts are powerful tools for asset protection and smooth estate transitions. Whether you need the flexibility of a Revocable Trust or the long-term benefits of an Irrevocable Trust for Medicaid planning, LAS can guide you through your options and help secure your legacy. 📞 (586) 413-7777 🌐 laslawoffices.com . . . #laslaw #lagrasoabdosilveri #legaladvice #legalhelp #legalnews #lawoffice #lawfirms #HealthCarePowerofAttorney #HIPAAAuthorization #FinancialPowerofAttorney #WillsAndTrusts #LadybirdDeeds #SpecialNeedsPlanning #EstatePlanningFAQ

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Please see a client alert for some further thoughts on the 5th circuit decision striking down the SEC’s Private Fund Advisers Rule. I look forward to discussing this and other regulatory compliance matters with my investment adviser network!

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The new HSR size of transaction threshold is $126.4 million. Starting in mid-February, if your deal value exceeds that, HSR may apply (there are other requirements and exceptions). (Up from $119.1 million.) Separately, we are watching certain legal challenges to the adopted but not yet effective new HSR rules and form. And it’s still possible the incoming administration will pause all pending rulemaking before the new HSR rules take effect. In other words, watch this space.

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Expedite your business sale by allowing due diligence to begin during the LOI phase. With a signed non-disclosure agreement, you can shorten the due diligence period, moving the sale forward more quickly. Tip: Start due diligence early to smooth the path to closing. Check out this article by Rick Costantini to learn how to streamline the process.

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Meet Stefan: The Presser Law Firm's newest Asset Protection Attorney! Read more about Stefan and the rest of our team on our wesbite. #ThePresserLawFirm #AssetProtection #WelcomeStefan #meettheteam

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We get lots of questions about whether or not an irrevocable trust can be amended. Making changes to an irrevocable trust can be very challenging, but it might be worth your time and effort under three circumstances. Learn more in our blog. https://lnkd.in/e7CxniPM

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New legal requirement for LLCs and Corps: FinCen BOI report #boifiling #boireport #boicompliance #boireporting #fincen #beneficialownership #howtofileboi #llcbusiness #llc #llctips #llcbusinessowner #businesstips #businesslawyer #businesshelp #legalcompliance #smallbusiness #smallbusinessowner #smallbiz

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