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The Law and Other Anomalies

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Author Archives: Stephen Honig

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Meme me a Meme

Posted on July 14, 2026 by Stephen Honig

There is an ill-used category for posts to this site called “I’ve been thinking.”  First, I normally post as to substantive matters and have even stopped posting about the aggravating Red Sox.  Second, as has been suggested by some readers, … Continue reading →

Posted in I've Been Thinking | Tagged popular culture

State of Private Equity in 2026

Posted on July 7, 2026 by Stephen Honig

Private equity investments were considered selective last year, with price being an apparent issue mitigating against deal flow.   Perhaps also a lack of sufficient cash-outs constrained available capital. Optimism prevailed at the start of 2026, although to me there did … Continue reading →

Posted in I've Been Thinking, The Law

Tenth Man on Your Board of Directors

Posted on July 7, 2026 by Stephen Honig

This month’s issue of Directorship (the publication of  National Association of Corporate Directors) discusses the necessity of having a “tenth man” in the board room when discussing complex matters with substantial risk wherein the board promptly has granted approval. Boards are admonished … Continue reading →

Posted in AI, The Law

EEOC Formally Eliminates Affirmative Action

Posted on July 1, 2026 by Stephen Honig

Monday the US Equal Employment Opportunity Commission formally deleted support materials permitting affirmative action in cases where it was deemed appropriate to overcome past or present barriers to equal opportunity in employment.  This action is not unexpected; it is a … Continue reading →

Posted in I've Been Thinking, The Law

M&A: Trends in earn-outs and reps/warranty insurance

Posted on June 30, 2026 by Stephen Honig

Interesting trends have popped up relative to the use of earn-outs and insurance against seller misrepresentations in acquisition practice.  (Tip of the hat to the firm of SRS Acquiom which provides shareholder services in such transactions and periodically reports on … Continue reading →

Posted in The Law

Regulation of Prediction Markets

Posted on June 18, 2026 by Stephen Honig

To my mind, few things make less sense than the regulatory status of the prediction markets.  A very new phenomenon, prediction contracts first were regulated by various forms of State regulation, toyed with by the SEC and then came under … Continue reading →

Posted in I've Been Thinking, The Law | Tagged Prediction Market Regulation

Cannabis Status Revisited

Posted on June 3, 2026 by Stephen Honig

First, I find that many people do not understand the status of recreational cannabis.  It is Federally within Class 1 and thus is not legally available, according to clear reading of Federal law.  Since it may nonetheless be available under … Continue reading →

Posted in The Law | Tagged Cannabis regulation explained

Changes in Rating of Banks

Posted on June 3, 2026 by Stephen Honig

Banks are evaluated by a Federal Council staffed by several other agencies, including the Federal Reserve Bank.  The existing bank rating criteria, in effect in current form for thirty years, considered capital, asset quality, management quality, earnings, liquidity and exposure … Continue reading →

Posted in I've Been Thinking, The Law

SEC Regulation of Greenhouse Gasses

Posted on June 2, 2026 by Stephen Honig

In 2024 the SEC adopted a rule requiring robust reporting of emissions of greenhouse gasses by public companies.  The current SEC, under this administration, does not enforce this extant requirement; the rule itself has engendered various lawsuits claiming that the … Continue reading →

Posted in The Law

Mailing Tax Checks

Posted on June 2, 2026 by Stephen Honig

I find many clients are not aware that at some point in the foreseeable future the IRS will require that Federal tax payments be sent on-line.  We today await guidance on this mandate, although it is fair to anticipate a … Continue reading →

Posted in I've Been Thinking

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Stephen Honig at Duane Morris LLP
100 High Street
Suite 2400
Boston, MA 02210

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The statements and views expressed in this posting are my own and do not reflect those of my law firm, are intended for general informational purposes only, and do not constitute legal advice or a legal opinion.
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