Sullivan & Worcester

In this Client Alert, Rachael Schwartz discusses the SEC's amendments to Form N-PORT and Form N-CEN reporting, staff guidance on liquidity risk management program requirements and compliance dates.

To read the alert, click here: https://www.sullivanlaw.com/viewpoints/sec-adopts-amendments-to-form-n-port-and-form-n-cen-reporting-relating-to-liquidity-risk-management-issues-guidance-on-open-end-fund-liquidity-risk-management-programs

Sullivan is pleased to announce that Geoff Wynne, partner and head of Sullivan's Trade & Export Finance Group and its London office, has joined Trade Finance Global’s (TFG’s) first-ever Editorial Board for trade, treasury and payments. This initiative reflects TFG's dedication to maintaining high editorial standards and delivering impactful content to its rapidly growing audience of over 160,000 readers.

To learn more, click here: https://www.sullivanlaw.com/news/geoffrey-wynne-appointed-to-tfgs-editorial-board

Congratulations to Trade Finance Global on the launch of their new website, www.tradefinanceglobal.com.

Sullivan's Geoffrey Wynne, Trade & Export Finance Partner in London, was featured in TFG's video to announce the launch of their new and improved website.

To watch the video, click here: https://tradefinanceglobal.wistia.com/medias/2p1jqvfcaj

Nicholas O'Donnell was quoted in the article "Museum to Part With Cranach Portrait Sold as Owner Fled the N***s," published by The New York Times [sub. req'd] on August 26, 2024.

The article discusses how the firm's client, Allentown Art Museum, has reached an agreement with the heirs of Henry and Hertha Bromberg concerning Portrait of George, Duke of Saxony by Lucas Cranach the Elder and his workshop. Pursuant to the agreement, the painting will be auctioned at Christie’s in New York next year following educational programming focusing on the painting’s history.

To learn more, click here: https://www.sullivanlaw.com/news/museum-to-part-with-cranach-portrait-sold-as-owner-fled-the-nazis

Sullivan & Worcester's tax attorneys have once again been recognized by International Tax Review’s World Tax Guide. Richard Jones, David Nagle and Douglas Stransky each received a Highly Regarded individual recognition for their work in Tax Controversy, and Daniel Ryan received a Highly Regarded individual recognition for his work in general corporate tax. Lew Greenwald is also recognized as a Notable Practitioner in general corporate tax.

To learn more, click here: https://www.sullivanlaw.com/news/sullivans-tax-attorneys-recognized-in-itrs-world-tax-guide-2025

Sullivan's Nicholas O'Donnell published a new blog discussing how the firm's client, Allentown Art Museum, has reached an agreement with the heirs of Henry and Hertha Bromberg concerning Portrait of George, Duke of Saxony by Lucas Cranach the Elder and his workshop.

To read the blog, click here: https://blog.sullivanlaw.com/artlawreport/allentown-art-museum-to-auction-cranach-painting-once-owned-by-collector-persecuted-in-nazi-germany?utm_campaign=Art&utm_medium=email&_hsenc=p2ANqtz-8KhLobejTCWERmyyyXmGclczSWuYu-MStDZNUTCoEmMZGqKTDXWZUIEKEocnaZXuenmhhC-cX5iQcPFxT_eC-Q1SIaYg&_hsmi=321719692&utm_content=321719692&utm_source=hs_email

Sullivan was issuer's counsel in the $5.5 million registered direct offering of ordinary shares and warrants by Evogene Ltd. (Nasdaq: EVGN), a leading computational biology company aiming to revolutionize life-science-based product discovery and development utilizing cutting-edge computational biology technologies across multiple market segments.

The Sullivan team consisted of Oded Har-Even, Howard Berkenblit, Eric Victorson, Ilana Neck-Levin, Alexander Rudofsky and Brendan O'Brien.

To read the press release, click here: https://www.prnewswire.com/news-releases/evogene-announces-pricing-of-us5-5-million-registered-direct-offering-and-concurrent-private-placement-302229491.html

Sullivan represented ThinkEquity in the $12.5 million public offering of common stock and pre-funded warrants by Scorpius Holdings, Inc. (NYSE: SCPX), an integrated contract development and manufacturing organization (CDMO).

The Sullivan team consisted of Oded Har-Even, Ron Ben-Bassat, Angela Gomes, Ilana Neck Levin, Yardenne Kagan and Joshua Stein.

To read the press release, click here: https://finance.yahoo.com/news/scorpius-holdings-inc-announces-pricing-012500905.html

In this Client Alert, David Danovitch, Michael Dyson, John Hunt and Erika Dennery discuss the SEC's and CFTC's enforcement actions against multiple firms, federal recordkeeping requirements and regulatory compliance, violations and investigation findings, notably lighter fines for self-reporters and industry-wide implications.

To read this alert, click here: https://www.sullivanlaw.com/viewpoints/sec-and-cftc-continue-their-lucrative-pursuits-of-penalizing-unapproved-communication-methods

The Court of Appeal has reversed a decision regarding an offer under a Bankers Association for Finance and Trade (BAFT) Master Risk Participation Agreement (MRPA), in a case between Kimura Commodity Trade Finance Fund Limited and Yieldpoint Stable Value Fund, LP.

In his article, "Yieldpoint v Kimura: A Victory for Market Practice, or Just a Warning on How to Draft?," published by Trade Finance Global (TFG), Geoffrey Wynne writes about the following:
- Explaining the BAFT MRPA
- The current case
- The decision
- Outcomes
- How will the BAFT MRPA be used in the future?

To learn more, click here: https://www.sullivanlaw.com/viewpoints/yieldpoint-v-kimura-a-victory-for-market-practice-or-just-a-warning-on-how-to-draft

Sullivan is proud to announce that International Tax Review’s World Tax Guide has recognized the firm in the 2025 edition of its guide to the world’s leading tax firms. Sullivan has been ranked as both a leading tax firm and a leading general corporate tax firm.

To learn more, click here: https://www.sullivanlaw.com/news/sullivan-worcester-recognized-as-a-leading-firm-in-itrs-world-tax-guide-2025

The FTC’s near-total ban on non-competes was scheduled to take effect on September 4, 2024. With just weeks to go, a federal court in Texas has set aside the rule and ordered that it will not take effect at all. The case is now likely headed for appeal.

In this Client Alert, Erika Todd and Ryan Rosenblatt discuss the practical results of this ruling and possible upcoming legal developments.

To read the full alert, click here: https://www.sullivanlaw.com/viewpoints/texas-court-blocks-federal-non-compete-ban-setting-up-appellate-challenge

Sullivan was placement agent's counsel for A.G.P./Alliance Global Partners in the $1.4 million registered direct offering of common stock by Precision Optics Corporation, Inc. (Nasdaq: POCI), a leading designer and manufacturer of advanced optical instruments for the medical and defense industries.

The Sullivan team consisted of Ron Ben-Bassat, Eric Victorson, Phillip Carnevale, Daphna Shteinberg and Joshua Stein.

To read the press release, click here: https://finance.yahoo.com/news/precision-optics-announces-pricing-1-123000948.html

Boston Real Estate Times, New England’s largest commercial real estate digital, print and video media, recently announced the winners of its annual Excellence Awards in Commercial Real Estate for 2024.

Sullivan's Ameek Ashok Ponda has been chosen as Real Estate Attorney of the Year. Ameek is nationally recognized for his work in REIT conversions and REIT cross-border matters. He has represented public and private REITs in an array of real property sectors, both domestically and abroad.

To learn more, click here: https://www.sullivanlaw.com/news/boston-real-estate-times-announces-2024-excellence-award-winners

Best Lawyers® has recognized Ameek Ashok Ponda as the 2025 "Lawyer of the Year" for Tax Law in Boston.

Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year," making this a significant and coveted accolade. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments. Ameek was recognized for this same award in 2017 and 2012.

To learn more about Ameek and this recognition, click here: https://www.sullivanlaw.com/news/ameek-ashok-ponda-named-2025-best-lawyers-lawyer-of-the-year-in-boston

Sullivan is proud to announce that our firm is reaffirming its commitment to Mansfield Certification for 2024–2025.

Mansfield is a year-long structured certification process designed to ensure all qualified talent at participating law firms has a transparent, fair and equal opportunity to be considered for advancement into leadership. The focus is on opening the door wider and ensuring that opportunities for advancement are inclusive for everyone.

To learn more, click here: https://www.sullivanlaw.com/news/sullivan-worcester-reaffirms-its-commitment-to-mansfield-certification-for-2024-2025

Sullivan & Worcester is excited to announce that 33 lawyers have been included in the 2025 edition of The Best Lawyers in America® and nine lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch® in America.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers has earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals.

To learn more about the lawyers recognized, click here: https://www.sullivanlaw.com/news/33-sullivan-worcester-lawyers-recognized-as-best-lawyers-award-recipients

On Tuesday, August 6th, Governor Healey signed into law House Bill 4977, “An Act relative to the Affordable Homes Act.” The 181-page Bill provides for $5.1 billion in capital funding to support housing production and preservation in the Commonwealth which is almost triple the amount in prior authorizations.

In this Client Alert, Karen Kepler and Spencer Stone discuss how this new law includes several important legislative initiatives that are not necessarily only about affordable housing. These include changes to the administration of registered land in the Commonwealth, changes to eviction processes and amendments to zoning and homestead laws.

To read the alert, click here: https://www.sullivanlaw.com/viewpoints/housing-bill-becomes-law-but-its-not-just-about-housing

Sullivan is excited to announce that it was ranked second nationally among securities law firms in the Placement Agent Counsel category for PIPE and private placement markets in Q2 2024. The firm was also ranked seventh in the Issuer Counsel League Table category by number of transactions.

To learn more, click here: https://www.sullivanlaw.com/news/sullivan-ranks-high-in-placementtrackers-q2-2024-pipe-and-private-placement-markets-league-tables

Karen Kepler moderated the panel "Exploring Financing: Creative Approaches to Filling the Capital Stack" at Bisnow's Boston Affordable Housing Summit.

The panelists discussed the requirements for different types of funding and the ways you can stack them as well as available funding options for developers to make deals pencil in today's market.

Panelists (from left to right) included Robert Charest, SVP of Equity Production at Boston Financial, Richard Muraida, SVP at Rockland Trust Bank, Josh Cohen, President of Development at Beacon Communities and Chrystal Kornegay, CEO of MassHousing.

Sullivan’s REIT and Tax teams advised American Tower Corporation (NYSE: AMT) and its subsidiary CoreSite in the formation of a new joint venture with Stonepeak to develop an 18-megawatt data center in Denver, Colorado. The total estimated development costs for the data center are expected to be more than $250 million.

Sullivan’s team was led by Ameek Ashok Ponda, director of the Tax Department, with Sullivan Tax partners Joel Carpenter and Sarah Wellings, and associate Connie Lee, contributing to the successful deal, which was announced on July 31, 2024.

To learn more, click here: https://www.sullivanlaw.com/news/sullivan-reit-and-tax-teams-advise-on-250-million-american-tower-stonepeak-joint-venture

Sullivan was issuer's counsel for LogicMark, Inc. (Nasdaq: LGMK), a provider of personal emergency response systems, health communications devices, and technology for the growing care economy, in their $4.5 million offering of common stock and warrants.

The Sullivan team consisted of David Danovitch, Michael DeDonato, Phillip Carnevale and Gabrielle Strasser.

To read the press release, click here: https://www.globenewswire.com/news-release/2024/08/02/2923657/0/en/LogicMark-Inc-Announces-Pricing-of-4-5-Million-Public-Offering-Priced-At-The-Market.html

Sullivan represented PolyPid Ltd. (Nasdaq: PYPD), a late-stage biopharma company aiming to improve surgical outcomes, in their $14 million "PIPE" offering of ordinary shares and warrants.

The Sullivan team consisted of Oded Har-Even, Howard Berkenblit, Gal Cohen, Reut Alfiah, Tamilla Nurizada, Yardenne Kagan and Omry Turgeman.

To read the press release, click here: https://finance.yahoo.com/news/polypid-announces-private-placement-14-003100469.html

Sullivan was issuer's counsel for Lipella Pharmaceuticals, Inc. (Nasdaq: LIPO), a clinical-stage biotechnology company addressing serious diseases with significant unmet need, in their $1.28 million offering of common stock and warrants.

The Sullivan team consisted of David Danovitch, Michael DeDonato, Hermione Krumm and Allison Strongwater.

To read the press release, click here: https://finance.yahoo.com/news/lipella-pharmaceuticals-announces-closing-1-200500060.html

Sullivan is pleased to announce that Brian Hurley has been accepted into the Association of Corporate Growth (ACG) Accelerator Program. ACG Accelerator is Boston’s premier leadership development program for rising leaders in the M&A community.

To learn more about Brian and ACG Accelerator, click here: https://www.sullivanlaw.com/news/brian-hurley-accepted-into-the-association-of-corporate-growth-acg-accelerator-program

Sullivan's Brian Hurley Accepted Into the Association of Corporate Growth (ACG) Accelerator Program Read More...

Sullivan's Ellis Lawson and David Green published a new blog discussing a significant milestone in the digitalisation of trade as the World Trade Organisation (WTO) Joint Statement Initiative (JSI) on Electronic Commerce published the text of its agreement on July 26, 2024.

To read the blog post, click here: https://blog.sullivanlaw.com/talking-trade-finance/wto-agreement-continues-push-towards-digitalisation-of-trade-documents

For the second consecutive year, Sullivan has been recognized as a Massachusetts Lawyers Weekly “Empowering Women” award recipient for our commitment to supporting and elevating women.

The list recognizes law firms that have demonstrated a commitment to hiring and promoting women, providing mentoring and opportunities for professional advancement of women attorneys, and establishing programs and policies to help women attorneys thrive professionally.

To learn more, click here: https://www.sullivanlaw.com/news/sullivan-worcester-honored-for-empowering-women-by-massachusetts-lawyers-weekly

The rate of change in the employment and benefits area seems to be accelerating. In this Client Alert, David Guadagnoli, Amy Sheridan and Erika Todd address some of the changes that have been of most concern to clients:

• Observations on Long-Time Part-Time Employee Determinations
• New Fiduciary Rule
• Confused over the Status of Non-Competes? Join the Crowd
• Minimum Wage and Overtime Changes
• Massachusetts Pay Transparency Update

To read this alert, click here: https://www.sullivanlaw.com/viewpoints/summer-2024-employment-and-benefits-updates

Summer 2024 Employment and Benefits Updates Read More...

Sullivan is hiring a Staff Accountant in our Boston office. The person in this position will assist the Accounting Manager and the Controller with daily and monthly accounting tasks and projects. This is a hybrid role.

To learn more or apply, click here: https://www.sullivanlaw.com/careers/current-openings

New Opening - Staff Accountant Read More...