Braden Perry Provides Document Retention Advice via RecordNations

Braden Perry, Partner with Kennyhertz Perry, LLC, recently spoke with RecordNations regarding effective document retention. “There is no better way to ensure proper retention than a consistently enforced document retention policy that ensures both hard copy and electronic data is handled properly. Handling retention, as well as destruction, is a key to any company in reducing cost or exposure in a legal forum and reduces costs in storage and backup. Remaining proactive and consistent is a key feature in a successful policy,” Perry said.

FBI Cyber Division Releases Alert MC-000060-MW Regarding Criminal Activity via Point of Sale (PoS) Malware

Yesterday, the Federal Bureau of Investigation, Cyber Division released Alert Number MC-000060-MW regarding continued use of PoS malware by cybercriminals in a number of restaurants, casinos, hotels, and resorts. The networks are infected to extract credit card data, which is spread through criminal circles and used for financial gain.

The alert was released as TLP:Green and the details of the alert, including useful information for potential networks subject to malware can be shared with clients and contacts, but not via publicly accessible channels. For this information or on ways to monitor and/or respond to cybercrime, please contact me at braden@kennyhertzperry.com, or online at Kennyhertz Perry, LLC.

Kennyhertz Invited to Address FastTrac NewVenture Entrepreneurs

John Kennyhertz of Kennyhertz Perry has been invited to address this season’s FastTrac® NewVenture™ entrepreneurs.  FastTrac is a program of the Ewing Marion Kauffman Foundation and brought to Kansas City by the UMKC Small Business & Technology Development Center in partnership with University of Missouri Extension.

In FastTrac NewVenture, aspiring business owners look at all aspects of their proposed companies, explore the feasibility of their business concept, and learn how to develop a viable business plan.  Participants address start-up issues such as assessing the competition, legal matters, marketing and financial management aspects of business ownership.  John will use his legal expertise to introduce the class to the basics of entity selection, first contract issues, and first employee considerations.

Kennyhertz Perry Client Memorandum: Private Right of Action for Selling Unregistered Securities in Kansas

The Kansas Uniform Securities Act (K.S.A. 17-12a101 through 17-12a703) regulates the promotion of speculative securities to protect investors. Enforcement of the Act may be handled by the Kansas Securities Commissioner, but private actions are also authorized in certain circumstances.

A security is any proof of ownership or debt assigned a value and may be sold. Common types of securities are stocks, bonds, and options. The rules regarding “crowdfunding” as a security were relaxed after the JOBS (Jumpstart Our Business Startups) Act was passed in 2012. The JOBS Act allows everyone the ability to invest in startups, with investment caps based on one’s income.

As a general rule, it is unlawful to sell unregistered securities in Kansas. There are two exceptions to that rule:

  • The security is a federal covered security, or
  • The security, transaction, or offer is exempted from registration.

DepositAccounts.com Interviews Perry on Investor Considerations with REITs

In an article entitled “Is a Real Estate Investment Trust Right for You,” Braden Perry discusses considerations investors should consider when evaluating a Real Estate Investment Trust (REIT) as part of their portfolio.  The article discusses the advantages and disadvantages of REITs, including the ability to add real estate to a portfolio without the burden of purchasing and managing real estate versus the tax inefficiencies and potential high management fees.  The article can be found at https://www.depositaccounts.com/blog/real-estate-investment-trust.html

Critical judgments and decisions in the investment process essential. Whether it’s stocks, bonds, real estate assets or any other financial commitment, the more research and preparation done on that investment, the better. Proper due diligence requires creativity coupled with common sense for any unnecessary surprises to be avoided, especially when it comes to money. For more information, please contact Braden Perry, who can assist with your investment due diligence.

Perry Speaks with Law360 on Panther Energy Indictment

Braden Perry recently spoke with Law360 regarding the HFT spoofing indictment filed against Panther Energy Trading, LLC.  The indictment, alleging Panther Energy designed and deployed algorithms that issued and canceled orders within milliseconds — faster than the blink of an eye but long enough to be detected by other automated trading programs that troll the markets.  These actions “spoofed” the markets with enormous buy or sell orders that were canceled almost instantaneously, all to win illegal profits by manipulating the price of futures contracts.  The action, according to Perry, protects high frequency traders and ensures integrity in the markets.

Perry Speaks on P2P Lending at Lend360

Braden Perry recently spoke at the Lend360 conference in New Orleans, discussing innovation and regulation in the peer-to-peer lending space.  Topics included the evolving regulation and consumer protection issues facing peer-to-peer lenders. To view the Powerpoint, please visit: http://www.lend360.org/akdejbuehflridbkvx/ Kennyhertz Perry is a business and litigation law firm dedicated to serving regulated businesses and entrepreneurs. The

Perry Featured in Corporate Secretary Article on the Walmart Ruling and Board Governance

Braden Perry was recently interviewed by Corporate Secretary regarding the Walmart v. Indiana Electrical Workers Pension Trust Fund IBEW ruling, imputing knowledge on Board of Directors.  The ruling, which many believe will expand director accountability for knowledge of documents never received and cloud the attorney-client privilege, allowed institutional investors to inspect corporate documents related to Walmart’s internal investigation of suspected bribes at its Mexican operations.  According to Perry, “companies should have clear policies that outline documents subject to books and records requests. There should also be clear reporting and communication lines to ensure board members have knowledge of facts for which they may be held accountable.”

Entrepreneur KC Radio Features Kennyhertz Perry’s Emphasis on Serving Startups

KMBZ’s Entrepreneur KC Radio recently featured the Kennyhertz Perry’s emphasis on serving entrepreneurs as they endeavor to establish and grow their businesses. As an attorney who serves the start-up community, Partner John Kennyhertz discussed a range of issues relevant to new companies including challenges faced with establishing capital, deciding how and where to form a

NBC’s KSHB Action News Features Kennyhertz Perry for Cutting Edge Position on Bitcoin

Kennyhertz Perry’s John Kennyhertz and Braden Perry were recently featured as guests on NBC affiliate KSHB 41 Action News for being among the first businesses in the metropolitan area to accept the cyber currency Bitcoin. Kennyhertz Perry commented not only on the business decision made to accept Bitcoin, but also the traction the new currency

Braden Perry’s Views of Legal Compliance for Content Marketing in White Paper

Kennyhertz Perry co-founder and partner discussed legal compliance for content marketing in Reputation Capital’s latest white paper “Content Marketing for Financial Services.” To download a copy of the white paper: http://offers.repcapitalmedia.com/content-marketing-financial-services/ About Braden Perry. A former federal enforcement attorney and veteran in regulatory compliance and white collar defense, Mr. Perry has expertise and consults with clients