BCLP

Halliburton v Chubb: The Future of Repeat Appointments

The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal.  The core…more

Appeals, Arbitration, Arbitrators, Bias, Disclosure Requirements

See all updates »

FinCEN Adopts AML/CFT Rules for Investment Advisers with Few Changes from Proposed Rules

On August 28, 2024, the Financial Crimes Enforcement Network (“FinCEN”) adopted final rules (“Rules”) applicable to investment advisers with relatively few changes from the rules as proposed…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Compliance, Compliance Dates

See all updates »

Adoption of Directive (Ue) 2024/1226 on Criminalisation of Violations of EU Sanctions: What Are the Stakes Involved in Transposing in Into French Law?

On 19 May, Directive (EU) 2024/1226 on the definition of criminal offences and sanctions for breaches of EU restrictive measures, adopted by the EU Council on 24 April, entered into force. By harmonizing the laws of the…more

Criminal Prosecution, Criminalization, Economic Sanctions, EU, France

See all updates »

The SEC Declares “You All Fail”

On November 9, 2021, the SEC released a Risk Alert from the Division of Examinations which provides observations from recent examinations into advisers that offer electronic investment advice..…more

Algorithms, Compliance, Digital Platforms, Disclosure Requirements, Investment Adviser

See all updates »

JPUTs may now need to be registered under the trust registration service

Some of the most commonly used trust structures in UK real estate ownership are Jersey Property Unit Trusts (JPUTs). It has become clear recently, following confirmation from HMRC, and HMRC now changing its published guidance,…more

Anti-Money Laundering, Beneficial Owner, HMRC, Property Owners, Real Estate Investments

See all updates »

Achieving Net Zero - Regulation of District and Communal Heating and Cooling and Impact on the Real Estate Sector

This is our first insight on new regulation that will affect the district/communal heating and cooling sector. It focuses on consumer protection and the impact on building owners/landlords and management companies…more

Climate Change, Net Zero, UK, Utilities Sector

See all updates »

Quantity - Not Quality - Matters in Assessing Liability for Patent Infringement under Section 271(f)(1)

In Life Technologies Corp. v. Promega Corp., the Supreme Court ruled that, as a matter of law, “the supply of a single component of a multicomponent invention” from the United States does not trigger liability under Section…more

Component Parts Doctrine, Genetic Testing, Life Technologies Corp v Promega Corp, Manufacturing Facilities, Patent Infringement

See all updates »

Disputes in Focus: Quick Q&A on Developments in Forensic IT & AI

In this insight, Clare Reeve Curatola ask our experts, Jason Alvares and Chris Wheatley, to share their insights and thoughts on the developments and challenges in forensic technology. They also share practical tips to optimise…more

Disclosure Requirements, Discovery, Document Retention Policies, Document Review, Electronically Stored Information

See all updates »

The Song Remains the Same: California Enacts Even More Stringent Employment Laws

The California State Legislature recently passed a series of new employment laws that will impact employers beginning January 1, 2023, or in the near future. Three of the most significant new laws concern wage transparency,…more

Compliance Dates, Fast-Food Industry, Job Ads, Marijuana, Off-Duty Employees

See all updates »

CMA Hits Accelerator on Enforcement of UK Labour Markets

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan…more

Anti-Competitive, Cartels, Collective Bargaining, Cost-of-Living Adjustment (COLA), Department of Justice (DOJ)

See all updates »

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new…more

Advertising, Beverage Manufacturers, Class Action, Coronavirus/COVID-19, Federal Trade Commission (FTC)

See all updates »

U.S. - Coronavirus (Legal) Immunity – Protections for Nursing Homes

As we reported in a recent alert on the risky business of re-opening, businesses throughout the United States are working to obtain legal immunity from COVID-19 lawsuits, including class actions. Among those businesses are…more

Civil Liability, Coronavirus/COVID-19, Health Care Providers, Immunity, Nursing Homes

See all updates »

Proposed Regulations Impact Treatment of CFC Pledges and Guarantees

On October 31, 2018, the Treasury Department released proposed regulations (the “Proposed Regulations”) that reduce certain amounts otherwise includible in the taxable income of a corporate U.S. shareholder of a controlled…more

Beneficial Owner, Controlled Foreign Corporations, Corporate Taxes, Distribution Rules, Financial Guarantee Requirements

See all updates »

DOJ Updates Criteria for Review of Corporate Compliance Programs, Emphasizing AI Issues

On September 23, the Department of Justice updated the document it uses to evaluate a corporation’s compliance program in the context of wrongdoing by the corporation – the Evaluation of Corporate Compliance Programs, or ECCP…more

Artificial Intelligence, Chief Compliance Officers, Compliance, Department of Justice (DOJ), Internal Controls

See all updates »

Settlement Showdown - Have You Really Settled Your Claim?

In Bin Obaid v Al-Hezaimi [2024] EWCA Civ 612, the Court of Appeal upheld a High Court decision in finding that subsequent claims did not fall within the scope of claims which were released under an earlier settlement deed. It…more

Beneficial Owner, Contract Terms, Deeds, Real Estate Investments, Settlement

See all updates »

Changes and Developments in California Employment Laws for 2022

As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere with…more

Agricultural Workers, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Cal-OSHA

See all updates »

BCLP Benefits Newsletter: Summer 2021

Congress extended the availability of refundable tax credits for Eligible Employers who provide paid family leave or sick leave from April 1, 2021 to September 30, 2021 in connection with COVID-related illness. Under ARPA,…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Defined Contribution Plans, Department of Labor (DOL)

See all updates »

UK HR Two Minute Monthly: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at the Tribunal, and a General News Roundup

Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what…more

Appeals Tribunals, Employment Discrimination, Employment Litigation, Employment Rights Act, European Convention on Human Rights

See all updates »

Recent Changes to the Special Administration Regime for Water Companies

The UK government recently introduced legislation implementing changes to the special administration regime for regulated water companies (“WISAR”). The changes are designed to modernise the WISAR and to better align it with the…more

Administrative Procedure, Debt Restructuring, Infrastructure, Insolvency, Property Owners

See all updates »

The Wait for CATOs is Nearly Over... Volume 4

As part of the government’s wider review of the electricity transmission network via the Integrated Transmission Planning and Regulation Project, and after its successful introduction of competition to offshore transmission…more

Competition, Consultation, Electricity, Energy Projects, Energy Sector

See all updates »

Cooperative Success in Changing the Autonomous Vehicle Legal Landscape

Rumors flew as early as 2016 that Kitty Hawk, a three-year-old corporation backed by Google co-founder Larry Page, had entered the autonomous aerial vehicle space. This March, the world learned that the mysterious flying…more

Aircraft, Automotive Industry, Aviation Industry, DMV, Manufacturers

See all updates »

Key Concepts In Privacy Law for Insurance Carriers: Part 1 - GLBA

This article is the first in a series that will address privacy concerns for insurance carriers, agents and brokers. The insurance industry is uniquely situated at the confluence of multiple data privacy regimes…more

Bank Holding Company Act, Captive Insurance Company, Data Privacy, Financial Institutions, Financial Services Industry

See all updates »

Modernizing UK Trade Settlement Standard: The Road Ahead

The Accelerated Settlement Taskforce is currently examining a potential migration by the U.K. from a so-called T+2 to a T+1 settlement standard, i.e., reducing the time it takes for securities transactions to settle, having…more

Corporate Governance, Distributed Ledger Technology (DLT), Financial Markets, Financial Services Industry, Regulatory Requirements

See all updates »

Fair Payment Practices: Recent Developments

In this Insight, first published in PLC, Jennifer Badham discusses various attempts to address late payments and long payment terms that are a common problem in construction industry supply chains, including two recent…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

See all updates »

The EU’s Digital Operational Resilience Act 2022/2554 (DORA)

Long IT sub-contracting chains can make it hard for financial institutions to understand the vulnerabilities in their IT estate and the location of key functions (where these may be located in entities who do not have a direct…more

Bank of England, Compliance, Compliance Dates, Cybersecurity, EU

See all updates »

Administering the Paycheck Protection Program and Managing Litigation & Regulatory Risk in the U.S.

The Paycheck Protection Program (PPP) has seen extraordinary demand since the passage of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. Prior to the PPP going live just days later on April 3,…more

Coronavirus/COVID-19, Financial Institutions, Paycheck Protection Program (PPP)

See all updates »

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and…more

Adjudicatory Process, Arbitration, Breach of Warranty, Construction Contracts, Construction Industry

See all updates »

U.S. COVID-19 Impacts: Emergency Repurposing of Hotels

As the pressure mounts on hospitals and healthcare facilities throughout the country to confront the overflow of patients affected by the COVID-19 virus, State and local governmental agencies are contracting with hotel owners…more

Coronavirus/COVID-19, Emergency Management Plans, Healthcare Facilities, Hospitality Industry, Hospitals

See all updates »

Ignore at Your Peril! Decoding the Building Safety Act 2022 and What It Means for Those Involved in UK Based Branded Residences and Hotel Projects

Historically, the United Kingdom has lagged behind the likes of Dubai, South Florida, New York, Hong Kong SAR and Singapore in the branded residences space, as us Brits have tended to prefer traditional house living. However,…more

Building Codes, Design-Build, Health and Safety, Hotels, Mixed-Use Zoning

See all updates »

Fleeing New York for a Tax Home in Florida

As we deal with the first snowfall of the season in New York, many New Yorkers may think about picking up and moving to Florida to avoid the cold winter.  Many New Yorkers also think about making Florida their tax home, to take…more

Domicile, Estate Tax, Income Taxes, Multi-Factor Test, Primary Residence

See all updates »

USTR to Close Comment Period on Continuation of Section 301 Tariffs on Chinese Imports on January 17

The U.S. Trade Representative (USTR) is now accepting comments from the public on whether to continue the current Section 301 tariffs on imported goods of Chinese origin. Commenters are guided by a questionnaire that the USTR…more

China, Comment Period, Government Investigations, Imports, Intellectual Property Protection

See all updates »

FTC Announces New Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger…more

Acquisitions, Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

Stay Above Board In 2024: New Thresholds Applicable to Clayton Act Prohibition on Interlocking Directorates

The Federal Trade Commission recently announced revised thresholds (“2024 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national product…more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, The Clayton Act

See all updates »

SEC Proposes to Modernize Derivative Regulations for Investment Funds

On November 25, 2019, the Securities and Exchange Commission voted to propose a new rule regarding the regulation of the use of derivatives by registered investment companies, including mutual funds, exchange-traded funds (ETFs)…more

Business Development Companies, Closed-End Funds, Derivatives, ETFs, Investment Funds

See all updates »

Confronting and Mitigating Against Corruption

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics…more

Bribery, Civil Liability, Construction Contracts, Construction Industry, Construction Project

See all updates »

UK Corporate Briefing - October 2024

Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue we discuss..…more

Annual Reports, Board of Directors, Corporate Governance, Financial Conduct Authority (FCA), FTSE

See all updates »

Moving New York Forward: Governor Cuomo Authorizes the First New York Regions to Enter Phase One of Reopening

Governor Cuomo’s New York Forward reopening plan split the state of New York into ten (10) regions. The restrictions on business operations will be considered on a regional basis based on established criteria tailored to…more

Coronavirus/COVID-19, Executive Orders, Governor Cuomo, Re-Opening Guidelines

See all updates »

Gone but Not Forgotten: New FinCEN Guidance on CTA Reporting Requirements for Companies that Cease to Exist

FinCEN clarifies that entities that are dissolved in 2024, or merge into other entities in 2024, do still have beneficial ownership information filing requirements if not exempt…more

Beneficial Owner, Corporate Dissolution, Corporate Transparency Act, FinCEN, Mergers

See all updates »

State Specific Requirements for Wind and Solar Project Land Contracts 2024 Overview

In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical generation by other means. The…more

Clean Energy, Easements, Energy Information Association (EIA), Energy Policy, Energy Projects

See all updates »

SDNY Chief Judge Holds that Stand-alone Website Is Not a Place of Public Accommodation

In a recent decision, Chief Judge Laura Swain of the U.S. District Court for the Southern District of New York ruled that a “stand-alone website is not a place of public accommodation under Title III of the ADA.”…more

Americans with Disabilities Act (ADA), NYCHRL, Public Accommodation, Title III, Website Accessibility

See all updates »

Excise Tax on Share Repurchases: A Provision Searching for Its Purpose

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the ‘‘Act’’), which aims to mitigate climate change, lower health care costs, and reduce the national deficit. The Act’s spending measures…more

Biden Administration, Exceptions, Excise Tax, Inflation Reduction Act (IRA), IRS

See all updates »

Operational Real Estate: Challenges and Opportunities

A distinct asset class? Operational real estate is often spoken about as if it is a distinct real estate type or as if the term is only applicable to certain more operationally intensive real estate types such as hotels or…more

Asset Class, Asset Management, Business Operations, Commercial Property Owners, Investors

See all updates »

Student Accommodation: What is happening in the market? Six key things you need to know

With a huge influx of students this year, both from the UK and abroad, there is high demand for purpose built student accommodation (PBSA). Yet, while there is a lot of willing capital looking to enter this market, as with…more

Building Codes, Climate Change, Colleges, Construction Industry, Educational Institutions

See all updates »

NY Court of Appeals on the Foreclosure Statute of Limitations

The New York Court of Appeals’ decision last week, Freedom Mortgage Corp v. Engel, contains two “reliable and objective rules permitting consistent application of the statute of limitations.” What are those rules?  One,…more

Appeals, Commercial Property Owners, Executive Orders, Fannie Mae, Foreclosure

See all updates »

Recent SEC Whistleblower Awards Highlight Importance of Internal Reporting

The SEC’s most recent whistleblower awards highlight the importance of internal reporting to a company’s compliance program and especially how a company investigates and responds to such reports.   On May 24, 2019, the SEC…more

Compliance, Corporate Counsel, Enforcement Actions, Foreign Corrupt Practices Act (FCPA), Internal Reporting

See all updates »

Basel 3.1 Implementation in the UK and US - Market Response to Potentially Onerous UK and US Implementation Proposals

The UK regulators (primarily the Prudential Regulation Authority) are currently reviewing consultation responses received on the proposed implementation of Basel 3.1 in the UK, with the final rules being published between…more

Basel III, Commercial Real Estate Market, Financial Services Industry, Prudential Regulation Authority (PRA), UK

See all updates »

Commission's First Decision Under the Foreign Subsidies Regulation Authorising a Concentration Subject to Conditions

On 24 September 2024, the European Commission adopted its first decision under the Foreign Subsidies Regulation (“FSR”)…more

Antitrust Investigations, EU, European Commission, European Merger Control Regulation, Foreign Subsidies

See all updates »

Basel 3.1 Implementation in the UK and US - Market Response to Potentially Onerous UK and US Implementation Proposals

The UK regulators (primarily the Prudential Regulation Authority) are currently reviewing consultation responses received on the proposed implementation of Basel 3.1 in the UK, with the final rules being published between…more

Basel III, Commercial Real Estate Market, Financial Services Industry, Prudential Regulation Authority (PRA), UK

See all updates »

U.S. Supreme Court to Hear Appeal Concerning Securities Fraud Pleading Standard

The U.S. Supreme Court recently agreed to hear an appeal of a Ninth Circuit decision that could have a significant impact on future securities fraud claims nationwide. At issue is how heavy a burden plaintiffs will bear in…more

Certiorari, Expert Witness, NVIDIA, Pleading Standards, PSLRA

See all updates »

Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 - qualifying lease certificates

In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s…more

Building Codes, Building Standards, Certification Requirements, Compliance, Construction Defects

See all updates »

The winding road ahead: navigating representative proceedings in the High Court

With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in an…more

Access To Justice, Case Management, Class Action, Class Representatives, Equitable Relief

See all updates »

The New Mass Tort: Herbicides

The modern mass tort, where thousands of personal injury cases are transferred to a single court for coordinated management, has evolved over the past two decades after courts concluded that the class action procedure was not…more

Distributors, Herbicides, Manufacturers, Mass Tort Litigation, Multidistrict Litigation

See all updates »

Briefcase 2024 Quarter 2: Key Real Estate Cases and Updates

Case 1: Patel and others v Spender and others - The applicants sought to modify a covenant against external alterations relying on the “limited benefit” ground in section 84 of the Law of Property Act 1925…more

Commercial Real Estate Contracts, Freehold Estates, Leaseholds, Property Owners, Real Estate Investments

See all updates »

RTI Ltd v MUR Shipping BV: Certainty v Commerciality

In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise…more

Commercial Reasonableness, Contract Terms, Economic Sanctions, Exchange Rates, Force Majeure Clause

See all updates »

Ban on Online Sales in a Franchise Network: The French Competition Authority Sanctions Franchisor De Neuville

On February 6, 2024, the French Competition Authority ("l'Autorité") fined chocolate producer De Neuville 4 million euros for vertical agreements. This decision is interesting in several respects..…more

Anti-Competitive, Canadian Internet Registration Authority (CIRA), Corporate Branding, Corporate Fines, Distributors

See all updates »

Electric Aircraft - A new era for aviation?

Throughout the ages humans have dreamed of flying.  With the advent of the age of flight that dream became a reality as developments in aircraft technology meant that air travel was more accessible to, and affordable for, the…more

Aircraft, Aviation Industry, Biofuel, Carbon Emissions, Climate Change

See all updates »

Insight report 1 - The Sustainable Real Estate Imperative

As pressure increases for organizations to reduce their environmental impact, sustainability is shaping the commercial real estate market. Our global real estate research reveals that over seven in 10 investors (71%) expect a…more

Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG), Green Buildings

See all updates »

Takeover Panel response - conditions to offers and the offer timetable

Last year the Takeover Panel (the “Panel”) published a consultation paper proposing a number of amendments to (i) simplify the offer timetable under the Code (ii) provide certainty that once a firm offer has been announced it…more

Consultation, Regulatory Authority, Scheme of Arrangement, Takeover Bids, Takeover Code

See all updates »

Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these…more

Administrative Procedure, Class Action, Collective Actions, Competition, Redress Payments

See all updates »

CFPB Redefines Discrimination in Financial Services with Updates to UDAAP Examination Manual

The Consumer Financial Protection Bureau (CFPB) materially altered the consumer protection landscape in the financial services industry through a series of revisions to its examination manual for unfair, deceptive and abusive…more

Anti-Discrimination Policies, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, ECOA

See all updates »

Reviewing SAAS Agreements in the Age of AI

The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages from…more

Intellectual Property Protection, IP License, SaaS, Software, Software Licenses

See all updates »

Autumn Budget 2024 - What’s the Tax Impact on the Real Estate Sector?

The real estate sector was not ignored by Budget announcements today. There were no seismic changes – the changes announced were less impactful than the speculation in the weeks preceding the Budget…more

Autumn Statement, Budgets, Business Taxes, Capital Gains, Capital Gains Tax

See all updates »

Non-UK corporate landlords: tax and debt restructurings

From 6 April 2020, all non-UK resident corporate landlords (NRLs) are within the charge to UK corporation tax on the income from their UK property rental business (PRB) and on capital gains from direct or indirect disposals of…more

Commercial Property Owners, Debt Restructuring, Foreign Entities, Foreign Investment, Investors

See all updates »

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests…more

Affirmative Action, Annual Reports, Civil Rights Act, College Admissions, Corporate Counsel

See all updates »

Discovery of Text Messages, IMs, DMs

Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested…more

Discovery, Discovery Violations, Document Productions, Duty to Preserve, Electronically Stored Information

See all updates »

Private life and disciplinary dismissal

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email box,…more

Discipline, Email, Employee Misconduct, Employer Liability Issues, France

See all updates »

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’…more

Consumer Privacy Rights, Data Protection, Data Protection Impact Assessments (DPIAs), EU, Mobile Health Apps

See all updates »

Corporate Transparency Wave: New York and Beyond - What Businesses Need to Know About the New or Proposed State Laws on Corporate Transparency

The federal Corporate Transparency Act (the “CTA”) has prompted certain states to consider their own laws aimed at increasing the transparency of beneficial ownership. This article delves into the recently enacted New York…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Corporations Code, Disclosure Requirements

See all updates »

Seventh Circuit Holds ERISA Venue Selection Provision is Enforceable

On August 10, 2017, in In re Mathias, the United States Court of Appeals for the Seventh Circuit held ERISA Section 502(e)(2) venue provisions do not invalidate a forum-selection clause contained in plan documents, in a 2-1…more

Appeals, Caterpillar, Contract Terms, Employee Retirement Income Security Act (ERISA), Forum Selection

See all updates »

PFAS Update: Litigation Trends - Motions to Dismiss

Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public awareness…more

Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Injury-in-Fact

See all updates »

PFAS Drinking Water Standards: State-by-state Regulations - September 2024

The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels…more

Drinking Water, Environmental Testing, Hazardous Substances, New Regulations, PFAS

See all updates »

Certification of Collective Actions in the CAT

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an…more

Administrative Procedure, Apple, Canada, Class Action, Class Certification

See all updates »

One Month In: Top 5 Takeaways for U.S. Securities Firms in the Midst of the Pandemic

U.S. Securities firms are on the frontlines of one of the most volatile economic periods in history. With the Dow Jones Industrial Average flirting with the 30,000 mark in February, few firms could have predicted that the next…more

Coronavirus/COVID-19, Financial Industry Regulatory Authority (FINRA), Financial Services Industry, Securities and Exchange Commission (SEC)

See all updates »

Distressed Hotels in France

In 2019, the French hospitality industry reached an unprecedented amount of transactions with a total volume of 4.4 billion euros compared to 1.8 billion euros in 2018, which included a large distress transaction completed by…more

Acquisitions, Coronavirus/COVID-19, Debt Restructuring, Distressed Debt, Financial Distress

See all updates »

What’s the deadline? Timely guidance for procurement challenges in Altiatech Ltd v Birmingham City Council [2023]

A recent Technology & Construction Court’s judgment considers the procedural time limits that apply in procurement litigation. The question of timing in bringing a claim in procurement challenges is not straightforward,…more

Contract Termination, Public Contracts, Public Procurement Policies, Rules of Civil Procedure, UK

See all updates »

NAIC Holds Special Session on COVID-19

On Friday, March 20, 2020, the National Association of Insurance Commissioners held (via video conference) a public Special Session concerning COVID-19 so that state insurance regulators and industry and consumer representatives…more

Coronavirus/COVID-19, Insurance Industry, NAIC, State of Emergency

See all updates »

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris…more

Arbitration, Arbitration Agreements, Contract Terms, Forum Non Conveniens, France

See all updates »

Insight report 1 - The Sustainable Real Estate Imperative

As pressure increases for organizations to reduce their environmental impact, sustainability is shaping the commercial real estate market. Our global real estate research reveals that over seven in 10 investors (71%) expect a…more

Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG), Green Buildings

See all updates »

Coronavirus Act 2020 UK: Government powers to require assistance with death management explained

As the tragedy of the Covid-19 crisis unfolds, the real estate sector should be aware that the Coronavirus Act 2020 includes some important wide reaching powers in Schedule 28 to deal with the increasing number of coronavirus…more

Coronavirus/COVID-19, Emergency Management Plans, Special Powers, State of Emergency

See all updates »

New law to mitigate insolvencies in Germany

Once again, since spring 2020, the German legislator is adapting fundamental provisions of German insolvency law. Find out here what this is about and what implications the changes have for enterprises…more

Commercial Bankruptcy, Coronavirus/COVID-19, Germany, Insolvency

See all updates »

Genetic Privacy: The Next Target in Class Action Litigation for Illinois Employers

Illinois employers are likely still reeling from the thousands of biometric privacy class action lawsuits that have flooded court dockets over the last 5 years. Another wave is coming—this time, under the Illinois Genetic…more

Americans with Disabilities Act (ADA), Biometric Information Privacy Act, Civil Rights Act, Class Action, Corporate Counsel

See all updates »

New California Laws Change Sexual Harassment Landscape

On Sunday September 30, 2018, while many of us were busy setting our Fantasy Football lineups, outgoing Governor Jerry Brown signed a number of work-related bills arising in response to the #MeToo movement that will…more

#MeToo, Confidentiality Agreements, Employer Liability Issues, FEHA, Governor Brown

See all updates »

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping…more

Damages, Forfeiture, Landlords, Leaseholds, Minerals

See all updates »

U.S. Supreme Court: Courts Must Consider Generic Nature of Statements in Considering Certification of Securities Class Action, but Defendants Bear Burden in Rebutting Price Impact

In a closely followed case concerning class certification in securities fraud class actions, the U. S. Supreme Court has held that the generic nature of a company’s statements should be considered in determining whether such…more

Arkansas Teacher Retirement System v Goldman Sachs Group, Basic v Levinson, Burden of Persuasion, Burden of Proof, Certiorari

See all updates »

REMINDER: New COVID-19 Reporting Obligations for California Employers Took Effect January 1, 2021

New reporting requirements for COVID-19 exposures at work became effective on January 1, 2021. The new requirements impose obligations for employers to notify employees (and employers of subcontracted employees) of COVID-19…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

See all updates »

U.S. Liability Considerations for Product Manufacturers Shifting Production to New Products to Assist in Pandemic Response

An issue of concern for some manufacturers during the COVID-19 outbreak is the issue of potential liability in a product liability lawsuit if they switch their manufacturing process to produce items they don’t normally produce…more

Coronavirus/COVID-19, Corporate Liability, Food and Drug Administration (FDA), Government Contractor Defense, Immunity

See all updates »

PFAS Update: Maine Issues Long-Awaited PFAS In Consumer Products Implementation Rule

In July 2021, Maine enacted a law that requires the disclosure of any product that contains intentionally added PFAS, and eventually prohibits the sale and distribution of any product that contains intentionally added PFAS in…more

Consumer Product Companies, Hazardous Substances, PFAS, Proposed Rules, Public Comment

See all updates »

Great British Railways: The Williams-Shapps Plan for Rail - The numbers that tell the story

On 20 May 2021, the government published its white paper for the railways in Britain after an 18-month delay due to the pandemic - ‘Great British Railways: The Williams-Shapps Plan for Rail’ (the Plan). The government dubs…more

High-Speed Rail, Infrastructure, Railroads, Railways, Surface Transportation

See all updates »

The bankruptcy Pegasus: stalking horse agreements in aviation

The bankruptcy Pegasus: stalking horse agreements in aviation - The Covid-19 pandemic has had a significant impact on the aviation industry, with regular international travel being halted for prolonged periods since March…more

363 Sales, Aircraft, Airlines, Asset Purchase Agreements, Asset Purchaser

See all updates »

More good news for depositors of Silicon Valley Bank and Signature Bank

Here is the latest regarding the former Silicon Valley Bank of Santa Clara, California (“SVB”) and Signature Bank of New York, NY (“SB”) as of Monday, March 13, 2023 according to the FDIC and other regulators. We expect to learn…more

Banks, Corporate Counsel, Deposit Accounts, Deposit Insurance, FDIC

See all updates »

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an…more

Arbitration, Arbitration Awards, Arbitrators, Business Disputes, Hong Kong

See all updates »

The Transition Away from LIBOR

LIBOR, or the London Interbank Offered Rate, is a benchmark utilized in a variety of financial transactions (including the setting of interest rates in credit agreements). It was intended to be an average of the rates at which…more

Benchmarks, Financial Conduct Authority (FCA), Financial Markets, Financial Services Industry, Interest Rates

See all updates »

Former Traders Tom Hayes and Carlo Palombos LIBOR Convictions Upheld by Court of Appeal

R v TOM HAYES & CARLO PALOMBO [2024] EWCA 304 On 27 March 2024, the Court of Appeal (Bean & Popplewell LJJ, Bryan J) dismissed the appeals against conviction following referrals of the appeals to the Court of Appeal by the…more

Appeals, Appellate Courts, Banking Sector, Code of Conduct, Commercial Loans

See all updates »

BCLP Retail Insight: The Week That Was, Vol 11

This week the BCLP Retail team highlights a blog by our Planning & Zoning team on the recent High Court dismissal of a challenge to the recent changes to the Use Classes Order and General Permitted Development Order. We also…more

Bank of England, Coronavirus/COVID-19, Inflation Adjustments, Landlords, Office Space

See all updates »

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path Toward Licensing and Innovation

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”). Earlier…more

Antitrust Division, Antitrust Provisions, Connected Cars, Data Management, Department of Justice (DOJ)

See all updates »

HK Security of Payment Bill: Government Responds to Submissions from the Public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo…more

Adjudicatory Process, Comment Period, Construction Contracts, Construction Industry, Contract Terms

See all updates »

Hong Kong SAR Policy Address 2024: Foster Progress in Housing, Attracting Talent, Enhancing Culture, Tourism and Education

The Policy Address 2024 of Hong Kong was delivered by the Chief Executive on 16 October 2024 (the “Policy Address”). Among a series of reforms aimed at rejuvenating the city’s economy and enhancing residents’ livelihood, the…more

Affordable Housing, China, Foreign Investment, Hong Kong, National Security

See all updates »

International Law Recourse for Potential Expropriation of Foreign Assets by Russia

With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. It…more

Arbitration, Bilateral Investment Treaties, Corporate Counsel, Economic Sanctions, Enforcement

See all updates »

Showing Anti-Competitiveness the Red Card: The ECJ’s Hat-Trick of Sports Competition Cases

The European Union’s Court of Justice (“ECJ”) went into the 2023 winter break in style, publishing a hat-trick of judgments (hereafter referred to as SuperLeague, ISU, and Royal Antwerp) regarding the application of competition…more

Anti-Competitive, Antitrust Provisions, Court of Justice of the European Union (CJEU), EU, Fédération Internationale de Football Association (FIFA)

See all updates »

U.S. Supreme Court Strikes Down Bar on “Immoral or Scandalous” Trademarks

On June 24, 2019, the U.S. Supreme Court struck down as unconstitutional the Lanham Act's "immoral or scandalous" prohibition on trademark registration.  In Iancu v. Brunetti, ___ U.S. ___, the Court held - in context of…more

Constitutional Challenges, First Amendment, Free Speech, Iancu v. Brunetti, Lanham Act

See all updates »

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris…more

Arbitration, Arbitration Agreements, Contract Terms, Forum Non Conveniens, France

See all updates »

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and…more

Adjudicatory Process, Arbitration, Breach of Warranty, Construction Contracts, Construction Industry

See all updates »

Business Rates and the Bar - Occupation, Purpose and Trust in a Set of Chambers

In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes, or…more

Commercial Leases, Common Areas, Leases, Occupancy, Office Space

See all updates »

SEC Upcoming Rule Making Agenda Recently Released - Activity Largely Paused Until After the Election

The SEC recently released its Spring 2024 Reg. Flex Agenda, which is a list of upcoming SEC rule making activities, including both rule proposals and adoption of final rules…more

Final Rules, Proposed Regulation, Regulatory Agenda, Rulemaking Process, Securities and Exchange Commission (SEC)

See all updates »

Beyond the £22BN Pledge: What the UK Needs to Do to Develop Its Carbon Capture, Usage and Storage Industry

Last week, the UK Government pledged £22 billion towards the development of the carbon capture, usage and storage (CCUS) industry in the UK. This is a significant step towards achieving net-zero emissions by 2050…more

Carbon Capture and Sequestration, Climate Change, Energy Sector, Environmental Policies, Federal Funding

See all updates »

CFTC’s Consent Order with Trafigura Trading: When Inaction Becomes Action

On June 17, 2024, the CFTC filed a consent order against Trafigura Trading LLC, requiring the company to pay a $55 million civil monetary penalty and implement remedial measures. The CFTC’s order details three violations of the…more

CFTC, Commodity Exchange Act (CEA), Consent Order, Dodd-Frank, Enforcement Actions

See all updates »

California Legislature Approves Bans on PFAS in Cleaning Products and Artificial Turf

Last week the California legislature passed two bills regulating PFAS in certain products: ..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and ..AB 1423 which restricts the use…more

Consumer Product Companies, Hazardous Substances, Manufacturers, Pending Legislation, PFAS

See all updates »

The FCA’s Commitment to “test and Use” Its Powers Pays Off in FCA v Bluecrest Capital

The recent decision by the Court of Appeal in FCA v BlueCrest Capital Management [2024] EWCA Civ 1125 reverses the Upper Tribunal’s decision in BlueCrest Capital Management (UK) LLP v FCA [2023] UKUT 00140 (TCC) (which we…more

Conflicts of Interest, Enforcement Authority, Financial Conduct Authority (FCA), Financial Services Industry, FSMA

See all updates »

PFAS Update: EPA Kicks Off the New Year with TSCA and TRI Actions

The United States Environmental Protection Agency (“EPA”) started the new year by finalizing two rules involving per- or polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”) and the Toxic Release…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Importers, Manufacturers

See all updates »

With a Focus on Life Sciences Claims, USPTO Issues 2016 Guidance on Patentable Subject Matter

Earlier this month, the U.S. Patent & Trademark Office (“USPTO”) issued updated guidance to its examining corps concerning subject matter eligibility rejections and responses under 35 U.S.C. § 101. The 2016 Guidance, available…more

Ariosa, CLS Bank v Alice Corp, Guidance Update, Life Sciences, Patent-Eligible Subject Matter

See all updates »

Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these…more

Administrative Procedure, Class Action, Collective Actions, Competition, Redress Payments

See all updates »

A deep dive into the FCA’s approach to the regulation of AI within financial services

Last week the FCA issued three announcements concerning its approach to the digital future of financial services in the UK. Amongst these was the FCA’s AI Update, their response to the government’s recent AI consultation outcome…more

Artificial Intelligence, Bank of England, Consultation, EU, Financial Conduct Authority (FCA)

See all updates »

Solar Development in Opportunity Zones

The Opportunity Zones program is an attractive option for industrial-scale solar energy producers seeking to develop new projects that receive preferential tax treatment. Designed to stimulate economic development in low-income…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Development

See all updates »

SEC Division of Examinations publishes 2025 Examination Priorities

On October 21, 2024, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) published its annual Examination Priorities for 2025 (the “Exam Priorities”). Below is a…more

Broker-Dealer, Enforcement Priorities, Investment Adviser, Investment Companies, Market Participants

See all updates »

The U.S. Shows it CARES by Enacting Taxpayer-Friendly Modifications to Rules for Deducting NOLs

Section 2303 of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), enacted on March 27, 2020 (the “Enactment Date”), includes taxpayer-friendly modifications to the restrictions placed on the deductibility…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Tax Relief

See all updates »

Foreign direct investment - Global trends and developments

The regulation of foreign direct investment, or FDI, has been in the spotlight for most of 2022 and will likely remain a key issue for dealmakers and cross-border M&A in 2023. Globally, we continue to see a trend towards…more

Acquisitions, CFIUS, China, Cross-Border Transactions, EU

See all updates »

U.S. Patent & Trademark Office Update: RCE Rule 1.114 Enforcement Change

The United States Patent & Trademark Office (“USPTO”) recently changed its enforcement of 37 C.F.R. 1.114(e)(3) as it relates to an inventor’s oath or declaration, and the change may impact U.S. national stage applications going…more

Enforcement, Examinations Under Oath, Inventors, Patent Prosecution, Patents

See all updates »

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’…more

Consumer Privacy Rights, Data Protection, Data Protection Impact Assessments (DPIAs), EU, Mobile Health Apps

See all updates »

Impact of COVID-19 on performance tests in hotel management agreements

COVID-19 has had a dramatic impact on the hotel sector, causing occupancy rates to plummet around the world. Periods of closure and low occupancy will have a negative effect on the financial performance of affected hotels and…more

Contract Terms, Coronavirus/COVID-19, Hospitality Industry, Hotel Management Agreements, Hotels

See all updates »

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn…more

Acquisitions, Antitrust Provisions, Enforcement Actions, EU, EUMR

See all updates »

Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

Case 1: Blackhorse Investments (Borough) Ltd v Southwark London Borough Council - The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction to…more

Commercial Leases, Foreign Investment, Landlords, Real Estate Investments, Real Estate Transactions

See all updates »

Georgia Supreme Court Weighs in on Director Liability

The Supreme Court of Georgia issued its latest opinion on March 13, 2019 in the continuing litigation over whether former directors and officers of the now defunct Buckhead Community Bank can be held liable for financial losses…more

Board of Directors, Commercial Loans, Community Banks, Corporate Officers, GA Supreme Court

See all updates »

Crisis Averted: Second Circuit Rejects Effort to Recast Secured Loans as Securities

On August 24, 2023, the Second Circuit prevented turmoil in the commercial lending market, ruling in Kirschner v. JP Morgan Chase Bank, N.A. (JPM), et al. that syndicated secured term loan notes were not securities for state-law…more

Anti-Kickback Statute, Commercial Loans, Creditors, Department of Justice (DOJ), JPMorgan Chase

See all updates »

CCUS 2024 Conference: Points to Note

The CCUS 2024 conference, “Capturing a Net Zero Future”, held in London on 15 and 16 October, provided a space for developers, policymakers, financiers, investors and industry experts to discuss the latest advancements and…more

Carbon Capture and Sequestration, Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions

See all updates »

Eleventh Circuit Finds No Article III Standing in Data Breach Class Action - Further Solidifying Circuit Split

In Tsao v. Captiva MVP Rest. Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), Tsao brought a putative class action against PDQ - a restaurant chain that he purportedly patronized - following a data breach…more

Appeals, Article III, Class Action, Data Breach, Injury-in-Fact

See all updates »

New law to mitigate insolvencies in Germany

Once again, since spring 2020, the German legislator is adapting fundamental provisions of German insolvency law. Find out here what this is about and what implications the changes have for enterprises…more

Commercial Bankruptcy, Coronavirus/COVID-19, Germany, Insolvency

See all updates »

Q1 2024 UK Oil and Gas Sector Update

The Energy Act 2023 (the “Act”) (in force as from 26 October 2023) amends model clauses contained in exploration and production licences to introduce requirements for consent to be obtained from the North Sea Transition…more

Change in Control, Decommissioned Facilities, Energy Sector, Licenses, New Rules

See all updates »

U.S. COVID-19: Mandated Rent Deferral

As the COVID-19 pandemic continues to result in missing rent payments and bankruptcy filings by major tenants, government officials at all levels are intervening in the landlord-tenant relationship through eviction moratoriums,…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Moratorium, Municipalities

See all updates »

France - COVID-19 measures from 26 March 2020

On 26 March 2020, the French government issued 26 Covid 19 decrees as part of the health state of emergency that has been declared. Below is a  summary of the measures affecting businesses..…more

Coronavirus/COVID-19, France, Relief Measures, State of Emergency

See all updates »

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping…more

Damages, Forfeiture, Landlords, Leaseholds, Minerals

See all updates »

The Evolving Real Estate and Construction Disputes Landscape: Key takeaways from Horizons & Co. & BCLP’s discussion

As part of Riyadh International Disputes Week (RIDW), Horizons & Co. and BCLP hosted a discussion on the evolving real estate and construction dispute resolution landscape in the Kingdom of Saudi Arabia and wider region. This…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Project

See all updates »

Understanding The Implications of Murphy v. NCAA

The Supreme Court’s seminal decision in Murphy v. NCAA (formerly known as Christie v. NCAA) removes the federal ban on sports betting and returns to the states the ability to regulate sports betting. Some may believe the Supreme…more

Anti-Commandeering, Appeals, Constitutional Challenges, Murphy v National Collegiate Athletic Association, NCAA

See all updates »

State Specific Requirements for Wind and Solar Project Land Contracts 2024 Overview

In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical generation by other means. The…more

Clean Energy, Easements, Energy Information Association (EIA), Energy Policy, Energy Projects

See all updates »

Key Concepts In Privacy Law for Insurance Carriers: Part 1 - GLBA

This article is the first in a series that will address privacy concerns for insurance carriers, agents and brokers. The insurance industry is uniquely situated at the confluence of multiple data privacy regimes…more

Bank Holding Company Act, Captive Insurance Company, Data Privacy, Financial Institutions, Financial Services Industry

See all updates »

The greenwashing trap is set for landlords and tenants

Climate change presents a series of risks and opportunities for companies across the board. Increasingly they are being put on the spot to demonstrate that they have these things in hand and have a credible plan. …more

Civil Liability, Climate Change, Energy Efficiency, Greenwashing, Landlords

See all updates »

Fair's fair: the concept of fairness in Part 26A Restructuring Plans

Since its inception under CIGA 2020, there has been no shortage of legal commentary on the effectiveness of the legislation governing Part 26A Restructuring Plans, and the ways in which the judiciary have interpreted and…more

Bankruptcy Plans, Creditors, Debt Restructuring, HMRC, Insolvency

See all updates »

Other Perspectives on Trends in Employee Noncompetition Agreements

In mid-May, the New York Times published a long article reporting a national trend that employers are expanding both the number of employees who are required to sign non-competition agreements and the types of employees required…more

Blue Pencil Contract Modification, Confidentiality Agreements, Employer Liability Issues, Non-Compete Agreements, Restrictive Covenants

See all updates »

Latest European developments on measures to support transition towards a net-zero economy

On March 9, the European Commission adopted a series of measures to foster investment and financing the transition to climate neutrality and a net-zero industry in the EU. To this end, the Commission has..…more

Energy Sector, Environmental Policies, EU, European Commission, European Economic Area (EEA)

See all updates »

Supreme Court Denies Review in Website Accessibility Case Against Domino’s Pizza

Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,…more

Americans with Disabilities Act (ADA), Appeals, Dismissals, Dominos, Due Process

See all updates »

NLRB General Counsel Targets Non-Competes and Stay-or-Pay Provisions

Last week, the National Labor Relations Board’s General Counsel Jennifer A. Abruzzo (the “GC”) announced her position that “stay-or-pay” provisions in employment agreements are unlawful under the National Labor Relations Act…more

Employer Liability Issues, Employment Contract, NLRA, NLRB, NLRB General Counsel

See all updates »

A refresher on copyright - Lennox Estates v S&W Ventures

Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,…more

Architects, Architectural Copyrights, Contract Terms, Copyright, Copyright Infringement

See all updates »

AI Surveillance and Data Privacy at the Games

As the Paris 2024 Summer Olympic and Paralympic Games (the “Games”) turn onto the final straight, the Games have yet again captured widespread global attention, on and off the track. With over 15.3 million visitors in Paris this…more

Algorithms, Artificial Intelligence, Cameras, CNIL, Data Privacy

See all updates »

What Businesses and Lenders Need to Know About The CARES Act and the Paycheck Protection Program

The Coronavirus Aid, Relief, and Economic Security, or “CARES Act” - the third emergency bill that Congress has prepared in response to the Coronavirus (COVID-19) pandemic - was signed into law Friday, March 27, 2020. …more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

Significant Implications for Environmental Assessment of Major Projects

The Supreme Court’s judgment in R(Finch) v Surrey County Council [2024] UKSC 20 has potentially significant implications on how environmental impacts of major projects are assessed. The question at the heart of the case was how…more

Climate Change, Energy Projects, Energy Sector, Environmental Impact Statements, Environmental Policies

See all updates »

The Best Legal Review of the FTC’s Regulatory Review of Consumer Reviews

As we drifted into the July 4 weekend, the FTC set off some fireworks with the publication of its long-awaited updates to the Endorsement Guides and its corresponding FAQs, and it followed up on last year’s advance notice of…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Endorsement Guidelines

See all updates »

New Mortgage Servicing Rules for “Successors in Interest”

Effective as of April 19, 2018, successors in interest to property secured by mortgage loans that are covered by the Real Estate Settlement Procedures Act (“RESPA”) and Truth In Lending Act (“TILA”) now have certain rights under…more

Consumer Financial Protection Bureau (CFPB), Mortgage Servicers, Mortgage Servicing Rules, Mortgages, Private Right of Action

See all updates »

Paris Litigation Gazette - Issue 1

Welcome to the first edition of the Litigation Gazette. Each quarter, BCLP's Paris team keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance. In this…more

Antitrust Litigation, CNIL, Commercial Litigation, Competition, Employment Litigation

See all updates »

Taking stock! As UK businesses are ramping up their Brexit stockpiling we look at whether ABL could help

With a little more than a month to go until the UK is due to leave the EU, a number of leading retailers and wholesalers have announced that they are building up stock in case Britain exits without a deal. Companies such as…more

Asset-Based Lending, Commercial Loans, EU, No-Deal Brexit, Retailers

See all updates »

Confronting and Mitigating Against Corruption

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics…more

Bribery, Civil Liability, Construction Contracts, Construction Industry, Construction Project

See all updates »

Changes to the Register of Overseas Entities Regime - the Impact of the Economic Crime and Corporate Transparency Act 2023 on Real Estate

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) received Royal Assent on 26 October 2023, with the provisions of ECCTA to be brought in by secondary legislation in stages throughout 2024 and 2025…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, Foreign Entities, Foreign Ownership

See all updates »

Taggart v. Lorenzen, The State Of Bankruptcy Contempt Power Eight Months Later

So you (allegedly) violated a bankruptcy court order. Whether the debtor alleges you violated the terms of a confirmed plan, failed to provide certain notices required by the bankruptcy rules, violated the discharge injunction,…more

Attorney's Fees, Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Bankruptcy Court, Civil Contempt Orders

See all updates »

Brownfield Passports: A New Tool to Boost Brownfield Development?

Hot on the heels of the NPPF consultation MHCLG has published a working paper on the introduction of ‘brownfield passports’ to encourage development of brownfield urban land in a way that goes beyond the policy support in the…more

Brownfield Properties, Property Owners, Real Estate Development, UK, Urban Planning & Development

See all updates »

Enforcing share security: appropriation and “commercially reasonable” valuations

The recent case of ABT Auto Investments Ltd v Aapico Investment Pte Limited and others [2022] EWHC 2839 (Comm) explores a lender’s rights to enforce share security by appropriating shares secured in its favour. The statutory…more

Asset Valuations, Collateral, Commercially Reasonable Efforts, Equity Financing, Equity Securities

See all updates »

New York Prioritizes Retail Worker Safety

New York State has enacted the Retail Worker Safety Act, which goes into effect on March 4, 2025. The new law requires employers with at least ten retail employees to establish a workplace violence prevention policy and a…more

New Legislation, Retail Workers, Retailers, State Labor Laws, Workplace Safety

See all updates »

Abraham Accords: Three Years On

The Abraham Accords Peace Agreement of 13 August 2020 (the Abraham Accords) heralded the normalization of diplomatic and business relations between Israel and the United Arab Emirates (the UAE). This historic regional shift in…more

Abraham Accords Peace Agreement, Cross-Border Transactions, Economic Partnership Agreements, Foreign Investment, Foreign Relations

See all updates »

U.S. Congress Gives Employers an Incentive to Retain Employees in CARES Act

Section 2301 of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) , enacted on March 27, 2020, introduces an employee retention tax credit (the “ERC”) designed to incentivize employers affected by the…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Paycheck Protection Program (PPP), Relief Measures

See all updates »

To-Go Alcohol Becomes Permanent in Several States

In an effort to alleviate the financial burden on bars and restaurants caused by the COVID-19 pandemic, more than 30 states temporarily modified their laws to allow the sale of “to-go” alcoholic beverages. These temporary…more

Alcohol Beverage Control, Amended Regulation, Bars, Coronavirus/COVID-19, Proposed Legislation

See all updates »

Post-Panuwat: Have You Reviewed and Updated Your Insider Trading and Other Corporate Policies?

As discussed in our September 1, 2021 post, the SEC brought its first “shadow insider trading” case against Matthew Panuwat, a company employee who purchased options in a competitor’s shares shortly after learning his employer…more

Confidential Information, Corporate Governance, Criminal Convictions, Criminal Prosecution, Enforcement Actions

See all updates »

Mental Health Parity Final Rule Imposes Year-end Action Items on Group Health Plan Sponsors

On September 9th, the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (collectively, the “Departments”) issued the much anticipated final rule under the Mental Health Parity…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Drug Treatment, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Update - German employers must record the working time of their employees!

The most important facts are briefly as follows: Employers are now obliged to record employees’ working hours in accordance with Sec. 3 (2) No. 1 of the German Occupational Health and Safety Act ("ArbSchG") - ..A…more

Employer Responsibilities, Germany, Timekeeping, Work Schedules

See all updates »

IRS Releases 2023 Adjusted Qualified Plan Limitations

The Internal Revenue Service released the cost-of-living adjusted qualified retirement plan and welfare plan limitations effective January 1, 2023. For ease of reference and comparison to prior years, we have placed the adjusted…more

Contribution Limits, Cost-of-Living Adjustment (COLA), IRS, Qualified Retirement Plans, Retirement Plan

See all updates »

Basel 3.1 Implementation in the UK and US - Market Response to Potentially Onerous UK and US Implementation Proposals

The UK regulators (primarily the Prudential Regulation Authority) are currently reviewing consultation responses received on the proposed implementation of Basel 3.1 in the UK, with the final rules being published between…more

Basel III, Commercial Real Estate Market, Financial Services Industry, Prudential Regulation Authority (PRA), UK

See all updates »

Healthcare Data Breach Litigation Trends

Companies that have a breach involving PHI worry not only about fines and penalties imposed by HHS, but about class action lawsuits. The risk that a class action lawsuit will lead to financial liability, however, is often…more

Class Action, Data Breach, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Incident Response Plans

See all updates »

Demolished by the CMA - collusion in the demolition industry

On 23 March 2023 the UK Competition and Markets Authority (‘CMA’) issued an announcement that it has issued fines totalling nearly £60m to 10 construction firms for illegally colluding to rig bids for demolition and asbestos…more

Anti-Competitive, Asbestos, Bid Rigging, Cartels, Construction Industry

See all updates »

Reinsurance: aggregation of COVID losses post-Stonegate

On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry

See all updates »

California Passes Trend-Setting EPR Law for Apparel, Textiles

California has become the first state in the nation to pass an extended producer responsibility (EPR) law making producers of apparel and textiles responsible for the full lifecycle of those products…more

Compliance, Consumer Product Companies, Fashion Industry, Landfills, Manufacturers

See all updates »

CFPB Redefines Discrimination in Financial Services with Updates to UDAAP Examination Manual

The Consumer Financial Protection Bureau (CFPB) materially altered the consumer protection landscape in the financial services industry through a series of revisions to its examination manual for unfair, deceptive and abusive…more

Anti-Discrimination Policies, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, ECOA

See all updates »

CTA and Corporate Governance: A Quick Guide for Situations Where CTA Comes into Play

The Corporate Transparency Act (“CTA”) was enacted by The U.S. Congress in January 2021 as a way to protect the United States financial system from being used for money laundering and other illicit activities…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Counsel, Corporate Governance

See all updates »

Taking stock! As UK businesses are ramping up their Brexit stockpiling we look at whether ABL could help

With a little more than a month to go until the UK is due to leave the EU, a number of leading retailers and wholesalers have announced that they are building up stock in case Britain exits without a deal. Companies such as…more

Asset-Based Lending, Commercial Loans, EU, No-Deal Brexit, Retailers

See all updates »

Private life and disciplinary dismissal

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email box,…more

Discipline, Email, Employee Misconduct, Employer Liability Issues, France

See all updates »

DOJ Updates Criteria for Review of Corporate Compliance Programs, Emphasizing AI Issues

On September 23, the Department of Justice updated the document it uses to evaluate a corporation’s compliance program in the context of wrongdoing by the corporation – the Evaluation of Corporate Compliance Programs, or ECCP…more

Artificial Intelligence, Chief Compliance Officers, Compliance, Department of Justice (DOJ), Internal Controls

See all updates »

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests…more

Affirmative Action, Annual Reports, Civil Rights Act, College Admissions, Corporate Counsel

See all updates »

U.S. - COVID-19 Paycheck Protection Program: PPP Loan Forgiveness And Loan Review Regs Answer More Questions

The Small Business Administration’s (“SBA”) release of an Interim Final Rule on loan forgiveness and an Interim Final Rule on SBA loan review procedures, each under the Paycheck Protection Program (“PPP”), add additional clarity…more

CARES Act, Coronavirus/COVID-19, Interim Final Rules (IFR), Paycheck Protection Program (PPP), SBA

See all updates »

U.S. Patent & Trademark Office Update: RCE Rule 1.114 Enforcement Change

The United States Patent & Trademark Office (“USPTO”) recently changed its enforcement of 37 C.F.R. 1.114(e)(3) as it relates to an inventor’s oath or declaration, and the change may impact U.S. national stage applications going…more

Enforcement, Examinations Under Oath, Inventors, Patent Prosecution, Patents

See all updates »

SEC Division of Examinations publishes 2025 Examination Priorities

On October 21, 2024, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) published its annual Examination Priorities for 2025 (the “Exam Priorities”). Below is a…more

Broker-Dealer, Enforcement Priorities, Investment Adviser, Investment Companies, Market Participants

See all updates »

Private life and disciplinary dismissal

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email box,…more

Discipline, Email, Employee Misconduct, Employer Liability Issues, France

See all updates »

Confronting and Mitigating Against Corruption

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics…more

Bribery, Civil Liability, Construction Contracts, Construction Industry, Construction Project

See all updates »

SEC Proposes Stringent New Conflict-of-Interest Rules Regarding Broker-Dealers’ and Investment Advisers’ Use of AI

On July 26, 2023, the majority of the Commissioners of the U.S. Securities and Exchange Commission (the “SEC”) voted to propose new rules under the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to…more

Analytics, Artificial Intelligence, Broker-Dealer, Compliance, Conflicts of Interest

See all updates »

CFPB guidance on pay-to-pay fees impacts consumer loan agreements

Consumer debt collectors may not be permitted to charge consumers “convenience fees” for card payments, which the Consumer Financial Protection Board (the “CFPB”) calls “pay-to-pay” fees, unless the underlying loan agreement…more

Advisory Opinions, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Convenience Fees

See all updates »

AI Surveillance and Data Privacy at the Games

As the Paris 2024 Summer Olympic and Paralympic Games (the “Games”) turn onto the final straight, the Games have yet again captured widespread global attention, on and off the track. With over 15.3 million visitors in Paris this…more

Algorithms, Artificial Intelligence, Cameras, CNIL, Data Privacy

See all updates »

Update - German employers must record the working time of their employees!

The most important facts are briefly as follows: Employers are now obliged to record employees’ working hours in accordance with Sec. 3 (2) No. 1 of the German Occupational Health and Safety Act ("ArbSchG") - ..A…more

Employer Responsibilities, Germany, Timekeeping, Work Schedules

See all updates »

Green retrofits - considerations for “Greening” an asset - Energy Efficiency Series - Part 4

In our preceding articles for the Energy Efficiency series, our team examined the opportunities and risks in the context of greening existing real estate. This was linked to..…more

Association of Southeast Asian Nations (ASEAN), Climate Change, Construction Industry, Construction Project, Energy Efficiency

See all updates »

EPC Contracts and NEC

An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice note…more

Construction Contracts, Construction Industry, Contract Terms, Design-Bid-Build, Engineering

See all updates »

“The reputation of everyone involved is at stake.”

Will unsustainable companies have difficulty accessing financing in the future? Banks and financial institutions are increasingly offering financing based on ESG criteria. Originally published in German ESG Magazine ( ESGz -…more

Climate Change, Corporate Financing, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

See all updates »

Back to Work: Georgia's Reopening Executive Order – Risks and Guidance for Businesses

On April 20, 2020, Governor Brian Kemp signed an Executive Order which initiates the process of reopening businesses within the State of Georgia on April 24, 2020, and issued a subsequent Executive Order on April 23, 2020,…more

Coronavirus/COVID-19, Executive Orders, Governor Kemp, Public Health Emergency, Re-Opening Guidelines

See all updates »

Lender’s refusal to approve property sale not intentional interference with business relations

The Sixth Circuit, on March 29, 2023, affirmed the dismissal of a real estate developer’s complaint against Goldman Sachs Specialty Lending Group LP, holding that Goldman Sachs’ refusal to consent to a property sale could not be…more

Commercial Real Estate Contracts, Consent, Dismissals, Goldman Sachs, Intentional Torts

See all updates »

Racial Equity Reports Required for Land Use Actions

On June 17, 2021, the New York City Council approved a local law (Intro No. 1572-B) that requires applicants (both City agencies and private applicants) for significant land use actions submitted on or after June 1, 2022 to…more

Community Development, Disparate Impact, Economic Development, Housing Developers, Land Use Restrictions

See all updates »

Recent SEC Enforcement Action Integrating Affiliated Advisers

A recent Securities and Exchange Commission (“SEC”) settled enforcement action serves as an excellent reminder of the risk of operational integration to firms that operate multiple advisory entities, especially where one of…more

Affiliates, Cease and Desist, Civil Monetary Penalty, Compliance, Custody Rule

See all updates »

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping…more

Damages, Forfeiture, Landlords, Leaseholds, Minerals

See all updates »

A Survey of the US AI Regulatory Landscape

As companies increasingly integrate AI into their products, services, processes, and decision-making, they need to do so in ways that comply with the different laws that have been passed and proposed to regulate the use of AI…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Department of Health and Human Services (HHS)

See all updates »

On Watch - Do regulators now expect firms to monitor communications using AI?

Artificial Intelligence (AI) is no longer just a buzzword, but a reality that is firmly on the radar of regulators and regulated firms in the US and UK. Recently, considerable investment into this area has prompted suggestions…more

Artificial Intelligence, Compliance, Electronic Communications, Electronic Monitoring, Employee Monitoring

See all updates »

FTC Bans Employee Noncompetes

On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward. The rule, which would create a new regulation at…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

U.S. COVID-19: Toil and Trouble – How the Pandemic is Changing the Commercial Mortgage Landscape

As COVID-19 spreads throughout the world, institutional and private equity lenders are now confronted with novel and unanticipated obstacles in closing commercial real estate loans. The policies implemented by various state and…more

Commercial Real Estate Contracts, Coronavirus/COVID-19, Forbearance Agreements, Mortgages, Operators of Essential Services

See all updates »

Summary of Inflation Reduction Act changes to production tax credit and investment tax credit for renewable energy

The Inflation Reduction Act of 2022 (the “IRA”) made major changes to expand and restructure both the Production Tax Credit (the “PTC”) under Section 45 of the Internal Revenue Code (the “Code”) and the Investment Tax Credit…more

Amended Rules, Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits

See all updates »

New Tax Law Provides Relief for Retailers, Who Successfully Lobbied for Reform

The new tax law signed by President Trump today is the broadest rewrite of federal tax law in three decades and will have a widespread impact for retailers. The legislation is generally effective for taxable years beginning on…more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Income Taxes

See all updates »

Confronting and Mitigating Against Corruption

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics…more

Bribery, Civil Liability, Construction Contracts, Construction Industry, Construction Project

See all updates »

U.S. COVID-19: California Senators Attempt to Provide Some Relief for Commercial Tenants: Senate Bill 939 Includes a Commercial Eviction Moratorium, Additional Time to Pay Unpaid Rent and a Right to Renegotiate Rent or Terminate Lease

In California, commercial landlords and tenants, as well as their investors and lenders, are paying close attention to Senate Bill 939 (“SB 939”). SB 939, which was introduced by Senators Scott Wiener and Lena Gonzalez on…more

Civil Code, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

See all updates »

New and Expanded Pay Data Reporting Obligations for Employers with Employees in California

California’s recently enacted pay transparency law (Senate Bill 1162) expands pay data reporting processes and requirements for California employers. The reporting requirements apply to all private employers with over 100…more

Corporate Counsel, EEO-1, Labor Contractor, New Legislation, Pay Data

See all updates »

Emerging details of the new Biodiversity Net Gain regime

The DEFRA consultation published this month on the scope of the biodiversity net gain regulations to be introduced under powers in the Environment Act 2021, provides developers and landowners with a much clearer indication of…more

Biodiversity, Brownfield Properties, Consultation, Critical Habitat, Environmental Policies

See all updates »

Minimum Energy Efficiency Standards - here to stay or at risk of becoming redundant?

In September, ahead of the Conservative party conference, Rishi Sunak announced a step back from the Government’s net zero policy and targets.  This was followed up last week by the Government’s formal response to the Climate…more

Asset Management, Climate Change, Commercial Real Estate Market, Disclosure Requirements, Energy & Climate Debates

See all updates »

Action Items as a Result of HIPAA Privacy Rule Modifications

On April 22, 2024, the U.S. Department of Health and Human Services (“HHS”) issued new regulations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) that impose new restrictions on the use and…more

Amended Rules, Business Associates, Compliance, Compliance Dates, Covered Entities

See all updates »

Freddie Mac and Fannie Mae Address COVID-19 through Multifamily Borrower Relief Programs

As the coronavirus and COVID-19 crisis continues to develop in the United States, Freddie Mac Multifamily (“Freddie Mac”) and Fannie Mae have responded quickly to assist impacted borrowers, properties and their tenants. Both…more

Coronavirus/COVID-19, Fannie Mae, Federal Housing Administration (FHA), Forbearance Agreements, Freddie Mac

See all updates »

France and climate change: State failure and liability for environmental harm

While the technical feasibility of a decarbonised economy essentially based on renewable energies is taking shape, the French Republic has just been found liable for environmental harm in relation to climate change by the French…more

Climate Change, Environmental Claims, France, Global Warming, Greenhouse Gas Emissions

See all updates »

UK Planning Reform and the ‘Great Recovery Bill’

Planning reform is once again back in the spotlight and is expected to play a central role in the UK’s economic recovery from the Covid crisis. Although we do not know the nature of the reforms at this stage, there is much media…more

Coronavirus/COVID-19, Economic Downturn, Legislative Agendas, UK, Urban Planning & Development

See all updates »

Navigating Legal Challenges In French Civil Fraud Cases: An In-depth Analysis

In recent years, banking fraud in France has surged, driven by advanced technology and the integration of payment methods and mobile banking. We do a deep dive into the legislation to help our clients stay informed and…more

Authentication, Bank Fraud, Banking Sector, Banks, Cyber Attacks

See all updates »

I’m dreaming of a White Paper…

An early Christmas present in the form of the Government’s long awaited Energy White Paper “Powering our Net Zero Future” was finally gifted to us last week. We have digested the White Paper with our festive hats on and set out…more

Emissions Trading System, Energy Market, Energy Sector, Net Zero, UK

See all updates »

The Employment Rights Bill 2024 - Points of Interest

This week we cover certain selected areas of the Employment Rights Bill, published on 10 October 2024. It is Labour’s flagship employment legislation…more

Employee Rights, Employer Liability Issues, Employment Rights Act, Hiring & Firing, International Labor Laws

See all updates »

The Transferability of Tax Credits: the Creation of Secondary Market Under the Inflation Reduction Act

The Inflation Reduction Act of 2022 (the “IRA”) represents the largest investment in clean energy and climate change in the history of the United States, with over $370 billion of funding to provide tax credits for clean energy…more

Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, Partnerships

See all updates »

TSCA Fees Rule: Your Company May Owe EPA Money

EPA recently designated more than 20 chemicals as “high priority” chemicals warranting further risk assessments. These include chemicals frequently found in plastics, building materials, cleaners, and flame retardants…more

Certification Requirements, Chemicals, Environmental Protection Agency (EPA), Manufacturers, Risk Assessment

See all updates »

Battery Storage Revenues and Routes to Market

As covered briefly in our previous article, the “route to market” / offtake arrangements/ revenue contracts are perhaps the key difference between battery energy storage systems (BESS) projects and other project-financed…more

Arbitrage, Auction, Batteries, Capacity Market, Electricity

See all updates »

Relaxation of FDI Restrictions in the UAE: a Major Access Point for Business and Foreign Investment in the Region

The UAE led the Middle East and North Africa region with the highest FDI inflows (i.e. - purchasing of assets in another country). The UAE has made it to the top 20 host economies in terms of FDI inflows, according to a UNCTAD…more

Foreign Direct Investment, Foreign Investment, Investors, Offshore Companies, United Arab Emirates (UAE)

See all updates »

Banking Bites - October 2022

Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market…more

Anti-Money Laundering, Bank of England, Climate Change, Economic Sanctions, EU

See all updates »

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it…more

Algorithms, Biometric Information, Data Collection, Data Retention, Enforcement Actions

See all updates »

HK Security of Payment Bill: Government Responds to Submissions from the Public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo…more

Adjudicatory Process, Comment Period, Construction Contracts, Construction Industry, Contract Terms

See all updates »

Time for the Coronation?

In this BCLP Insight, Thomas Haller considers whether the Coronation may entitle contractors to an extension of time under the JCT form of contract. This year, there is an extra bank holiday on Monday 8th May 2023 to…more

Contract Terms, Federal Contractors, Holiday Pay, Holidays, Paid Time Off (PTO)

See all updates »

Delaware Chancery Court Decision Highlights Risks of Liability for Directors in SPAC Deals

A recent Delaware Chancery Court decision highlights the liability risks faced by directors and sponsors of special purpose acquisition companies (“SPACs”) and the importance of robust disclosure in protecting against those…more

Board of Directors, Breach of Duty, Business Judgment Rule, Corporate Governance, Mergers

See all updates »

Industry update: PWA guidance

The Inflation Reduction Act (the “IRA”), which was signed into law in August of 2022, has been top of mind for members of the renewable energy industry. This is because, among other things, the IRA significantly restructured the…more

Apprenticeships, Construction Industry, Department of Labor (DOL), Energy Projects, Energy Sector

See all updates »

COVID-19 and Compensation: Considerations for Public and Private U.S. Companies

The COVID-19 pandemic has created significant disruption in the financial performance of businesses across the globe, creating real challenges for compensation programs maintained by both public and private U.S. companies. While…more

Board of Directors, Compensation & Benefits, Compensation Committee, Coronavirus/COVID-19, Corporate Governance

See all updates »

Significant Implications for Environmental Assessment of Major Projects

The Supreme Court’s judgment in R(Finch) v Surrey County Council [2024] UKSC 20 has potentially significant implications on how environmental impacts of major projects are assessed. The question at the heart of the case was how…more

Climate Change, Energy Projects, Energy Sector, Environmental Impact Statements, Environmental Policies

See all updates »

Coronavirus (UK): the next stage of the furlough scheme - key points for employers

In our recent blog, we highlighted the UK government’s announcement on 14 June 2021 in relation to the likely four week delay in triggering stage 4 of the lockdown roadmap. This announcement was not, however, accompanied by a…more

Consultation, Coronavirus/COVID-19, Employer Responsibilities, Furloughs, Job Retention Schemes

See all updates »

The Hidden Cost of PPP Loans: U.S. Businesses Receiving Loans May Risk Civil Suits

Since President Trump signed the “Coronavirus Aid, Relief, and Economic Security Act” (“CARES Act”) on March 27, 2020, small and large businesses across the United States have scrambled to obtain loans through the Paycheck…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Corporate Liability, Paycheck Protection Program (PPP)

See all updates »

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients operating…more

Algorithms, Amazon Marketplace, Antitrust Investigations, Antitrust Provisions, Competition

See all updates »

COVID-19: Eviction and Foreclosure Limitations Across the U.S.

As COVID-19 exerts a significant drag on the economy, there is a growing trend of governmental action to provide temporary protections of possession and tenancies at the national, state and local level. The government actions…more

Coronavirus/COVID-19, Emergency Management Plans, Eviction, Foreclosure, Moratorium

See all updates »

New DOJ Pilot Program Incentivizes Individuals to Report Criminal Conduct

Companies beware! The U.S. Department of Justice (DOJ) announced a pilot program “designed to encourage voluntary self-disclosure by individual participants in certain types of criminal conduct involving corporations.” In other…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs, Individual Accountability

See all updates »

What’s behind the rise in UK M&A litigation?

Litigation following mergers and acquisitions has always been a source of important judicial decisions on critical legal issues. However, can it tell us more about the state of the deal market and where future disputes may be…more

Acquisitions, Analytics, Contract Terms, Due Diligence, Fraud

See all updates »

Department of Education Issues Dear Colleague Letter as Student Protests Continue

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms about…more

Anti-Harassment Policies, Colleges, Dear Colleague Letter, Department of Education, Discrimination

See all updates »

Corporate Transparency Wave: New York and Beyond - What Businesses Need to Know About the New or Proposed State Laws on Corporate Transparency

The federal Corporate Transparency Act (the “CTA”) has prompted certain states to consider their own laws aimed at increasing the transparency of beneficial ownership. This article delves into the recently enacted New York…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Corporations Code, Disclosure Requirements

See all updates »

Pressure-Testing Your Privacy Program for 2024

With the onslaught of new privacy legislation and cyber threats coupled with upticks in enforcement, running a well-functioning and flexible privacy program is now, more than ever, a critical component of an organization’s…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Compliance, Cyber Incident Reporting, Cybersecurity

See all updates »

The New Mass Tort: Herbicides

The modern mass tort, where thousands of personal injury cases are transferred to a single court for coordinated management, has evolved over the past two decades after courts concluded that the class action procedure was not…more

Distributors, Herbicides, Manufacturers, Mass Tort Litigation, Multidistrict Litigation

See all updates »

FCA Publishes Final Listing Rules on Sponsor Competency

Following on from the consultation at the end of 2023, the FCA has published its changes to the Listing Rules sourcebook, chapter 8 (sponsors), which take effect immediately. The changes focus on how a sponsor or a person…more

Final Rules, Financial Conduct Authority (FCA), Listing Rules, Sponsors, UK

See all updates »

EPC Contracts and NEC

An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice note…more

Construction Contracts, Construction Industry, Contract Terms, Design-Bid-Build, Engineering

See all updates »

U.S. Supreme Court Upends Federal Climate Regulation, and Much More

On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its…more

Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

See all updates »

Brownfield Passports: A New Tool to Boost Brownfield Development?

Hot on the heels of the NPPF consultation MHCLG has published a working paper on the introduction of ‘brownfield passports’ to encourage development of brownfield urban land in a way that goes beyond the policy support in the…more

Brownfield Properties, Property Owners, Real Estate Development, UK, Urban Planning & Development

See all updates »

ESG in M&A Transactions - Present and Future

The ESG sector has grown at a phenomenal rate over the last 5 years. It has doubled in size over that period and now a quarter of all investible assets globally are being managed with some type of environmental, social or…more

Acquisitions, Due Diligence, Environmental Social & Governance (ESG), Financial Institutions, Mergers

See all updates »

The winding road ahead: navigating representative proceedings in the High Court

With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in an…more

Access To Justice, Case Management, Class Action, Class Representatives, Equitable Relief

See all updates »

Digital Speaks: Don’t Be Shy, Disclose Ai!

With adoption of generative AI tools scaling exponentially amongst content creators, companies need to be vigilant to ensure all content posted on social media platforms complies with user guidelines about AI, especially where…more

Artificial Intelligence, Best Practices, Canon, Content Publishing, Deep Fake

See all updates »

Call for Vacatur of Massachusetts’ Fiduciary Duty Standard for Broker/Dealers

On August 25, 2023, Justice Wendlandt of the Massachusetts Supreme Judicial Court issued a ruling in Robinhood Financial, LLC v. Secretary of the Commonwealth which upheld the legality of the fiduciary duty standard imposed upon…more

Broker-Dealer, Department of Labor (DOL), Dodd-Frank, Duty of Care, Fiduciary Duty

See all updates »

Major Changes to Consumer and Competition Rules, a New Digital Regime and More Power to the CMA

On 23 May 2024, over a year since its introduction to Parliament, the DMCC Bill was rushed through before the proroguing of Parliament ahead of the July UK General Election. It received Royal Assent the following day…more

Amended Legislation, Competition, Consumer Protection Laws, Digital Marketplace, Enforcement Authority

See all updates »

Arizona Rules of Civil Procedure

The Arizona Supreme Court recently adopted amendments to the rules of civil procedure governing matters filed in Arizona state courts. There are a number of important rule revisions that went into effect January 1, 2018;…more

Amended Rules, Case Management, Rules of Civil Procedure

See all updates »

One Administration to the Next: Changes Affecting U.S. Sanctions and Export Controls

While the Trump Administration ended with a continuing flurry of activity affecting U.S. sanctions and export controls, with several actions affecting parties in China and Hong Kong, the Biden Administration is taking a slower…more

Biden Administration, Bureau of Industry and Security (BIS), China, Economic Sanctions, Export Controls

See all updates »

Major Changes to Consumer and Competition Rules, a New Digital Regime and More Power to the CMA

On 23 May 2024, over a year since its introduction to Parliament, the DMCC Bill was rushed through before the proroguing of Parliament ahead of the July UK General Election. It received Royal Assent the following day…more

Amended Legislation, Competition, Consumer Protection Laws, Digital Marketplace, Enforcement Authority

See all updates »

The Hidden Cost of PPP Loans: U.S. Businesses Receiving Loans May Risk Civil Suits

Since President Trump signed the “Coronavirus Aid, Relief, and Economic Security Act” (“CARES Act”) on March 27, 2020, small and large businesses across the United States have scrambled to obtain loans through the Paycheck…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Corporate Liability, Paycheck Protection Program (PPP)

See all updates »

Supreme Court Resolves False Claims Act Circuit Split – Ruling gives individual relators the benefit of the government knowledge limitations period

The False Claims Act (FCA) has two limitations periods: 1) within 6 years after the violation occurred, or 2) within “3 years after the date when facts material to the right of action are known or reasonably should have been…more

Appeals, False Claims Act (FCA), Government Officials, Intervenors, Limitation Periods

See all updates »

Seventh Circuit Weighs in on Circuit Split and Concludes that Courts Cannot Grant Rule 12(b)(6) Motions to Dismiss Solely Because They are Unopposed

In Marcure v. Lynn, --- F.3d ---, 2021 WL 1138110 (Mar. 25, 2021), the Seventh Circuit joined six of its sister circuits (and split from two others) in concluding that Federal Rule of Civil Procedure 12(b)(6) prevents courts…more

Federal Rules of Civil Procedure, Motion to Dismiss, Pro Se Litigants, Reversal, Split of Authority

See all updates »

AI in the Workplace: Using Artificial Intelligence Intelligently

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Biden Administration, Civil Rights Act, Copyright Infringement

See all updates »

Boston Fed Releases Updated FAQs, Forms and Agreements Related to the Main Street Lending Program

On June 8, the Federal Reserve Bank of Boston (the “Boston Fed”) released updated and revised Frequently Asked Questions regarding the Federal Reserve’s Main Street Lending Program (“MSLP”). On June 11, the Boston Fed released…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs

See all updates »

BCLP Benefits Newsletter: Q1 2021

ARPA provides that, for the period from April 1, 2021 until September 30, 2021, if an individual’s Consolidated Omnibus Budget Reconciliation Act (“COBRA”) qualifying event is an involuntary termination of employment or a…more

American Health Care Act (AHCA), COBRA, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Department of Labor (DOL)

See all updates »

Navigating the Corporate Transparency Act Maze

With the Corporate Transparency Act (CTA) now in effect, it is crucial for privately held mid-sized and large companies to look into and re-examine their corporate structures to ensure compliance with the new law. While the CTA…more

Beneficial Owner, Compliance, Corporate Transparency Act, Exemptions, FinCEN

See all updates »

Congress Enacts the Corporate Transparency Act Requiring Certain Entities to Disclose their Owners

On January 1, 2021, Congress enacted the National Defense Authorization Act (the NDAA”). One portion of the NDAA includes the Corporate Transparency Act (the “CTA”), which is described as the most comprehensive anti-money…more

Anti-Money Laundering, Anti-Terrorism Financing, Beneficial Owner, Corporate Transparency Act, Exemptions

See all updates »

U.S. Patent & Trademark Office Update: RCE Rule 1.114 Enforcement Change

The United States Patent & Trademark Office (“USPTO”) recently changed its enforcement of 37 C.F.R. 1.114(e)(3) as it relates to an inventor’s oath or declaration, and the change may impact U.S. national stage applications going…more

Enforcement, Examinations Under Oath, Inventors, Patent Prosecution, Patents

See all updates »

Briefcase Quarterly Real Estate Disputes Update - September 2023

Vodafone Ltd V Potting Shed Bar & Gardens Ltd (Formerly Gencomp (No. 7) Ltd) & Ap Wireless Ii (Uk) Ltd - A freeholder granted a lease to Vodafone allowing it to erect telecoms apparatus on the tower of its building. A few…more

Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

See all updates »

Mid-Market M&A Barometer - August 2021

We’re pleased to share the latest edition of our bi-annual Mid-Market M&A Barometer reflecting on the movement of deals annually and by quarter. In our Barometer we share insights and projections for the market utilizing data…more

Acquisitions, Agricultural Sector, Banking Sector, Financial Services Industry, Food Manufacturers

See all updates »

State Specific Requirements for Wind and Solar Project Land Contracts 2024 Overview

In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical generation by other means. The…more

Clean Energy, Easements, Energy Information Association (EIA), Energy Policy, Energy Projects

See all updates »

Taking stock! As UK businesses are ramping up their Brexit stockpiling we look at whether ABL could help

With a little more than a month to go until the UK is due to leave the EU, a number of leading retailers and wholesalers have announced that they are building up stock in case Britain exits without a deal. Companies such as…more

Asset-Based Lending, Commercial Loans, EU, No-Deal Brexit, Retailers

See all updates »

U.S. COVID-19: Mandated Rent Deferral

As the COVID-19 pandemic continues to result in missing rent payments and bankruptcy filings by major tenants, government officials at all levels are intervening in the landlord-tenant relationship through eviction moratoriums,…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Moratorium, Municipalities

See all updates »

Taking stock! As UK businesses are ramping up their Brexit stockpiling we look at whether ABL could help

With a little more than a month to go until the UK is due to leave the EU, a number of leading retailers and wholesalers have announced that they are building up stock in case Britain exits without a deal. Companies such as…more

Asset-Based Lending, Commercial Loans, EU, No-Deal Brexit, Retailers

See all updates »

Pointers For A Pandemic: A Summer Associate’s Guide To Success

As Biglaw summer associate programs begin across the country, you may find yourself wondering how to be a successful summer associate during this global pandemic. Law firms across the country have shortened, canceled, or…more

Coronavirus/COVID-19, Internships, Law Firm Associates, Law Practice Management, Remote Working

See all updates »

MUR Shipping Revisited: When force majeure and reasonable endeavours collide

In MUR Shipping BV v RTI Ltd the English Court of Appeal has overturned by majority the judgment of the Commercial Court in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) and provided fresh guidance on when alternative…more

Appeals, Arbitration, Breach of Contract, Commercial Court, Contract Terms

See all updates »

Employers Can Maintain a Drug Free Workplace in California Despite State Legalization of Recreational Marijuana

California’s passage of the “Control, Regulate, and Tax Adult Use of Marijuana Act,” commonly referred to as Proposition 64, legalized the sale, possession, and use of recreational marijuana under limited circumstances…more

Controlled Substances Act, Decriminalization of Marijuana, Employment Policies, Marijuana, Proposition 64

See all updates »

Universal proxies are here - are you ready?

As discussed in our November 17, 2021 post, management of public companies are required to use universal proxy cards for shareholder meetings involving most election contests held after August 31, 2022. This means that both…more

Board of Directors, Bylaws, Corporate Governance, Disclosure Requirements, New Rules

See all updates »

Spring Budget 2024 - Will We See Material Reform?

Budgets are normally stories of two halves. The first half contains the headline-grabbing tax policy reforms that can be encapsulated in a snappy soundbite in the Budget speech, such as “Chancellor scraps the non-dom regime”…more

Autumn Statement, Compliance, Corporate Taxes, Estate Tax, Federal Budget

See all updates »

Class Representatives in the United States

The efficiency of the US class action regime hinges upon a core procedural mechanism: the class representative. By permitting a large group of plaintiffs with typically modest claims to rely on a small subset of representatives…more

Class Action, Class Certification, Class Representatives, Due Process, Federal Rules of Civil Procedure

See all updates »

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new…more

Advertising, Beverage Manufacturers, Class Action, Coronavirus/COVID-19, Federal Trade Commission (FTC)

See all updates »

Interpreting Termination Clauses: a Recent Example From the Court of Appeal

In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to terminate…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Termination

See all updates »

Digital Speaks: Ai and the Games - Embracing a New Age for Sports

The Games have kicked off in true Parisian style and is promising to be a groundbreaking spectacle, not just for the inspirational athletic feats we are certain to see but also for the innovative use of artificial intelligence…more

Artificial Intelligence, Athletes, Bots, Innovative Technology, International Olympic Committee (IOC)

See all updates »

Incentivising Whistleblowers: What Does the Future Hold in the UK and the US for Whistleblower Protection and Incentivisation?

In the UK, it has not historically been part of the fabric of our legal and regulatory system to pay whistleblowers who provide evidence to authorities who are investigating potential breaches of law or regulation…more

Department of Justice (DOJ), False Claims Act (FCA), Financial Conduct Authority (FCA), HMRC, Pilot Programs

See all updates »

Understanding Consumer Law when Conducting Influencer Marketing Campaigns in the EU and UK

Long gone are the days where brands could rely simply on purchasing advertising space in newspapers or investing in eye-catching brochures to display their products. Now, the world is their oyster with the advance of the…more

Advertising, Brand, Consumer Protection Laws, Digital Marketplace, EU

See all updates »

English Court Decides COVID-19 is a “Catastrophe”

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess of…more

Appeals, Arbitration, Arbitration Awards, Business Interruption, Business Losses

See all updates »

Dodd-Frank Act Reforms

In his first weeks in office, President Trump has taken steps to undo or alter major components of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). These include delaying implementation of the…more

Dodd-Frank, Fiduciary Rule, Financial Services Industry, Regulatory Agenda, Trump Administration

See all updates »

Corporate Transparency Wave: New York and Beyond - What Businesses Need to Know About the New or Proposed State Laws on Corporate Transparency

The federal Corporate Transparency Act (the “CTA”) has prompted certain states to consider their own laws aimed at increasing the transparency of beneficial ownership. This article delves into the recently enacted New York…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Corporations Code, Disclosure Requirements

See all updates »

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’…more

Consumer Privacy Rights, Data Protection, Data Protection Impact Assessments (DPIAs), EU, Mobile Health Apps

See all updates »

Faster, Stronger, and Simpler? Australia’s New Merger Control Regime

On 10 April 2024, Australia’s Federal Government announced far-reaching reforms to its merger control regime, most notably the introduction of a new single, mandatory and suspensory, merger control system. The reform package is…more

Acquisitions, Antitrust Provisions, Australia, Australian Competition and Consumer Commission (ACCC), Competition

See all updates »

Coronavirus/COVID-19 UK Quick Guide – what insurance cover could be impacted?

Due to the worldwide spread of COVID-19, most UK businesses face potentially significant, but as yet unquantifiable, financial losses from the virus. The same can be said for insurers who are being presented with a large volume…more

Business Closures, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Policy Terms

See all updates »

California, FTC Lead Push To Add Autorenewal Requirements

If it’s been a while since you’ve looked at the state and federal laws governing autorenewals, subscriptions, and continuous service offers, your business is likely in need of an update. Multiple jurisdictions, on both state and…more

Automatic Renewals, California, Consumer Contracts, Contract Terms, Federal Trade Commission (FTC)

See all updates »

The Economic Crime and Corporate Transparency Act 2023: Directors’ Guide to Changes Coming Into Force on 4 March 2024

Here are the key action points from the ECCTA 2023 changes which come into force on 4 March..…more

Beneficial Owner, Board of Directors, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform

See all updates »

PFAS Update: Litigation Trends - Motions to Dismiss

Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public awareness…more

Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Injury-in-Fact

See all updates »

Preparing for a Corporate Real Estate Sale: Top 10 Tips

As our colleague John Bennett has recently commented in his insight, hopeful undercurrents remain about the potential of increased activity in the real estate investment market for 2024. When the penny does drop, a highly…more

Complex Corporate Transactions, Contract Terms, Due Diligence, Real Estate Investments, Real Estate Transactions

See all updates »

The SEC’s Continued Efforts to Dive Feet First into Climate Control and ESG Initiatives

On May 25, 2022, the U.S. Securities and Exchange Commission (“SEC”) provided notice of proposed rulemaking aimed at Investment Advisers (“Advisers”), Investment Companies and Business Development Companies (collectively…more

Business Development Companies, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Form ADV

See all updates »

Chevron Overruled

In a 6-3 decision, the Supreme Court overruled its long-standing Chevron doctrine and delivered a blow to federal agencies’ regulatory authority by vesting statutory interpretation in the judiciary…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo

See all updates »

The evolution of Property Management Agreements in the Build to Rent sector

Property Management Agreements (“PMAs”) have been around for years and typically follow the same format. However, the growth of the Build to Rent (“BTR”) sector has caused a re-think of the “usual” terms to ensure it reflects…more

Contract Terms, Housing Developers, Landlords, Property Management Companies, Property Managers

See all updates »

Pritzker Signs Climate and Equitable Jobs Act Launching Illinois into a Renewable Energy Future

“Decarbonization” and “Electrification” are the buzzwords floating around Illinois following Governor Pritzker’s signing of the Climate and Equitable Jobs Act (the “Act”) on September 15, 2021. As the largest and most ambitious…more

Climate Action Plan, Climate Change, Coal-Fired Plants, Economic Development, Energy Market

See all updates »

U.S. COVID-19: New York City Council Considering Legislation with Ramifications for Commercial Leases

On April 22, 2020, at its first-ever remote session, several bills addressing the COVID-19 crisis that could have broad impacts on commercial tenancies were introduced in the New York City Council.  Under one of the bills now…more

Commercial Leases, Coronavirus/COVID-19, Executive Orders, Municipalities, Relief Measures

See all updates »

Labour’s Proposed Employment Law Reforms: Our Third and Final Weekly Pre-election Guide - Ethnicity and Disability Pay Gap Reporting

Following last week's insight on employment status, we focus this week, just before the election, on the issue of Ethnicity and Disability (E&D) Pay Gap Reporting…more

Compliance, Diversity, Diversity and Inclusion Standards (D&I), Gender-Based Pay Discrimination, Labor Reform

See all updates »

SEC Streamlines Financial Statements Requirements in Connection with M&A Transactions

On May 21, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments (the “Amendments”) to streamline the financial statement disclosures that are required in connection with acquisition and disposition…more

Acquisitions, Corporate Governance, Disclosure Requirements, Financial Statements, GAAP

See all updates »

EO Update: e-News for Charities & Nonprofits - June 2021

Update on Mandatory Electronic Filing for Form 4720 by Private Foundations - Section 3101 of the Taxpayer First Act requires certain exempt organizations to file information and tax returns electronically for tax years…more

Electronic Filing, Exemptions, Filing Requirements, Internal Revenue Code (IRC), IRS

See all updates »

Supreme Court Finds “Seagate” Test For Enhanced Patent Damages “Unduly Rigid” and “Impermissibly Encumbers” Discretion to Award Those Damages

On June 13, 2016, the U.S. Supreme Court ruled unanimously that “there is no precise rule or formula” for awarding enhanced patent damages under 35 U.S.C. § 284. Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513,…more

Enhanced Damages, Halo v Pulse, Patent Infringement, Popular, Preponderance of the Evidence

See all updates »

Is HS2 Phase 2b still on track?

The National Infrastructure Commission has now published its Rail Needs Assessment for the Midlands and the North. With the HS2 Phase 2a Bill nearing completion of its passage through Parliament, this blog considers the future…more

Infrastructure, Pending Legislation, Railways, UK

See all updates »

High Court dismisses green strategy derivative claim against Shell’s directors

In February 2023 ClientEarth issued a derivative action against Shell’s 11 directors. ClientEarth alleged that the directors had breached their duties under the Companies Act 2006 (CA 2006) by failing to adopt and implement an…more

Board of Directors, Breach of Duty, Climate Change, Companies Act, Corporate Governance

See all updates »

Chevron Overruled

In a 6-3 decision, the Supreme Court overruled its long-standing Chevron doctrine and delivered a blow to federal agencies’ regulatory authority by vesting statutory interpretation in the judiciary…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo

See all updates »

PFAS Drinking Water Standards: State-by-state Regulations - September 2024

The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels…more

Drinking Water, Environmental Testing, Hazardous Substances, New Regulations, PFAS

See all updates »

MUR Shipping Revisited: When force majeure and reasonable endeavours collide

In MUR Shipping BV v RTI Ltd the English Court of Appeal has overturned by majority the judgment of the Commercial Court in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) and provided fresh guidance on when alternative…more

Appeals, Arbitration, Breach of Contract, Commercial Court, Contract Terms

See all updates »

PFAS Drinking Water Standards: State-by-state Regulations - September 2024

The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels…more

Drinking Water, Environmental Testing, Hazardous Substances, New Regulations, PFAS

See all updates »

Renters' Rights Bill

On 17 July 2024, the King announced a new Renters’ Rights Bill (“RRB”) to be introduced “to give greater rights and protections to people renting their homes...” The RRB has not yet been published however the background briefing…more

Landlords, Property Owners, Rent, Rental Property, Rental Rates

See all updates »

What’s the deadline? Timely guidance for procurement challenges in Altiatech Ltd v Birmingham City Council [2023]

A recent Technology & Construction Court’s judgment considers the procedural time limits that apply in procurement litigation. The question of timing in bringing a claim in procurement challenges is not straightforward,…more

Contract Termination, Public Contracts, Public Procurement Policies, Rules of Civil Procedure, UK

See all updates »

Recent Delaware cases clarify Caremark oversight duties for directors and executive officers

A claim for breach of the duty of oversight is known as a Caremark claim, after the landmark Delaware Court of Chancery decision in In re Caremark International Inc. Derivative Litigation (1996). Since then, Delaware courts have…more

Bad Faith, Board of Directors, Breach of Duty, Caremark claim, Corporate Officers

See all updates »

Request for Accommodation Will Not Support Retaliation Claim Under Missouri Human Rights Act, SCOMO Holds

Under Missouri law, a request for accommodation cannot serve as the basis for a retaliation claim.  Last month, the Supreme Court of Missouri issued a unanimous opinion in Lin v. Ellis, No. SC97641, 2020 WL 203145, at *5, —…more

Americans with Disabilities Act (ADA), Appeals, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

New TCPA Opt-out Rules Coming as FCC Adopts Report and Order on Revocation of Consent

On February 15, 2024, the Federal Communications Commission (“FCC”) adopted the Draft Report and Order and Further Notice of Proposed Rulemaking (“Report and Order”) that it released last month under the Telephone Consumer…more

Auto-Dialed Calls, FCC, Opt-Outs, Prior Express Consent, Revocation

See all updates »

Arizona Spy Pixel Class Action Litigation Update

Recently filed class action complaints allege that companies that utilize embedded trackers within emails, or “spy pixels” as the plaintiffs are calling them, violate Arizona law because they collect a “communication service…more

Class Action, Confidential Information, Consent, Email, Marketing

See all updates »

Synapse Failure Spurs FDIC To Specify Record Keeping for Bank Sponsored Fintechs

The Federal Deposit Insurance Corporation (“FDIC”) proposed in its Notice of Proposed Rulemaking (“NPR”) that insured IDIs keep records of individual accounts that are typically held in pooled custodial accounts that support…more

Bank Secrecy Act, Certification Requirements, Comment Period, Compliance, Corporate Transparency Act

See all updates »

Briefcase 2024 Quarter 2: Key Real Estate Cases and Updates

Case 1: Patel and others v Spender and others - The applicants sought to modify a covenant against external alterations relying on the “limited benefit” ground in section 84 of the Law of Property Act 1925…more

Commercial Real Estate Contracts, Freehold Estates, Leaseholds, Property Owners, Real Estate Investments

See all updates »

New OFCCP Directive Shines Spotlight on Federal Contractors’ Pay Equity Audit Obligations

On March 15, 2022 - National Pay Equity Day in the US - the Office of Federal Contract Compliance Programs (“OFCCP”) issued its first directive under the Biden administration, Directive 2022-01 (the “Directive”). The Directive…more

Affirmative Action, Audits, Compliance, Federal Contractors, OFCCP

See all updates »

CFTC’s Consent Order with Trafigura Trading: When Inaction Becomes Action

On June 17, 2024, the CFTC filed a consent order against Trafigura Trading LLC, requiring the company to pay a $55 million civil monetary penalty and implement remedial measures. The CFTC’s order details three violations of the…more

CFTC, Commodity Exchange Act (CEA), Consent Order, Dodd-Frank, Enforcement Actions

See all updates »

Affirmative Action in the US - Is there a UK equivalent?

This blog follows on from recent developments in the US regarding affirmative action. Introduced in the early 1960s, affirmative action increased the representation of women and minorities in areas of employment, education and…more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Equality Act

See all updates »

Corporate Transparency Wave: New York and Beyond - What Businesses Need to Know About the New or Proposed State Laws on Corporate Transparency

The federal Corporate Transparency Act (the “CTA”) has prompted certain states to consider their own laws aimed at increasing the transparency of beneficial ownership. This article delves into the recently enacted New York…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Corporations Code, Disclosure Requirements

See all updates »

Georgia Superior Court Could Not Sanction Probate Court Conduct

Probate court practice can be quirky, fraught with procedural peculiarities and appellate traps for those who do not regularly practice there. Appeals from a Georgia county probate court to that county’s superior court – an…more

Appeals, Jurisdiction, Jury Verdicts, Probate, Sanctions

See all updates »

RWI Market Turning to Unlikely Industries for New Deals: Health Care RWI Terms & Conditions Improving

Representations and Warranties Insurance (RWI) has increasingly become a tool employed by both Buyers and Sellers to shift away from the traditional indemnification model of escrows or other mechanisms that could tie up…more

Acquisitions, Commercial Insurance Policies, Corporate Practice of Medicine, Cybersecurity, Medical Malpractice

See all updates »

U.S. Supreme Court to Hear Appeal Concerning Securities Fraud Pleading Standard

The U.S. Supreme Court recently agreed to hear an appeal of a Ninth Circuit decision that could have a significant impact on future securities fraud claims nationwide. At issue is how heavy a burden plaintiffs will bear in…more

Certiorari, Expert Witness, NVIDIA, Pleading Standards, PSLRA

See all updates »

U.S. COVID-19: Toil and Trouble – How the Pandemic is Changing the Commercial Mortgage Landscape

As COVID-19 spreads throughout the world, institutional and private equity lenders are now confronted with novel and unanticipated obstacles in closing commercial real estate loans. The policies implemented by various state and…more

Commercial Real Estate Contracts, Coronavirus/COVID-19, Forbearance Agreements, Mortgages, Operators of Essential Services

See all updates »

Unauthorised Transactions: Exclusive Application of the PSP Liability Regime

In a ruling dated 27 March 2024 (no. 22-21.200), the French Supreme Court (‘Cour de Cassation’) - citing European case law - held that a payment service provider can only be held liable for an unauthorised or incorrectly…more

Corporate Liability, Court of Justice of the European Union (CJEU), Financial Services Industry, Financial Transactions, France

See all updates »

Vendor Due Diligence and Criminal Liability of the Acquiring Company

The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de Chambre…more

Corporate Liability, Court of Justice of the European Union (CJEU), Criminal Code, Criminal Liability, Due Diligence

See all updates »

Quantum meruit – how much is too much?

Parties to a construction contract often consider entering into a letter of  intent in advance of agreeing all the contract terms, with the expectation that the contractor will be paid on a quantum meruit basis. In Moorgate…more

Construction Contracts, Letters of Intent, Quantum Meruit, Restitution, UK

See all updates »

City of St. Louis Making Earnings and Payroll Tax Refunds for Work From Home Compensation

The City of St. Louis has reached an agreement with the plaintiffs in Boles v. City of St. Louis, Case Number ED 111495 in which the Collector of Revenue of the City has agreed to process refunds for Earnings Taxes paid by or on…more

Income Taxes, Municipalities, Payroll Taxes, Remote Working, Tax Refunds

See all updates »

UK Corporate Briefing - October 2024

Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue we discuss..…more

Annual Reports, Board of Directors, Corporate Governance, Financial Conduct Authority (FCA), FTSE

See all updates »

Briefcase 2024 Quarter 2: Key Real Estate Cases and Updates

Case 1: Patel and others v Spender and others - The applicants sought to modify a covenant against external alterations relying on the “limited benefit” ground in section 84 of the Law of Property Act 1925…more

Commercial Real Estate Contracts, Freehold Estates, Leaseholds, Property Owners, Real Estate Investments

See all updates »

PFAS Drinking Water Standards: State-by-state Regulations - September 2024

The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels…more

Drinking Water, Environmental Testing, Hazardous Substances, New Regulations, PFAS

See all updates »

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available, in…more

Appellate Courts, Bifurcation, Class Action, Class Certification, Class Representatives

See all updates »

English Court Decides COVID-19 is a “Catastrophe”

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess of…more

Appeals, Arbitration, Arbitration Awards, Business Interruption, Business Losses

See all updates »

EU broad PFAS restriction proposal published - A complex and significant process begins

PFAS has been on European regulatory radars for some time, but 2023 looks to be a significant year for the EU’s broad PFAS restriction proposal. In January, five EU member states submitted the proposal to the European Chemicals…more

Consultation, EU, Member State, PFAS, Proposed Regulation

See all updates »

New law to mitigate insolvencies in Germany

Once again, since spring 2020, the German legislator is adapting fundamental provisions of German insolvency law. Find out here what this is about and what implications the changes have for enterprises…more

Commercial Bankruptcy, Coronavirus/COVID-19, Germany, Insolvency

See all updates »

DIAC Rules 2022 - Finally fit for purpose

On 2 March 2022, the DIAC published its much anticipated new arbitration Rules (the “2022 Rules”). They come into effect on 21 March 2022 and apply to arbitrations commenced after that date…more

Arbitration, Dispute Resolution, Dubai, Dubai International Arbitration Center (DIAC), International Arbitration

See all updates »

NSIP Reforms: New Pre-application Procedure and Document Requirements

As part of the ongoing Government reforms to the consenting process for Nationally Significant Infrastructure Projects (“NSIPs”), PINS has launched its 2024 Pre-Application Prospectus. The Prospectus sits alongside a suite of…more

Infrastructure, New Guidance, Procurement Guidelines, Prospectus, Public Projects

See all updates »

Participation in an Anti-Competitive Cartel and Dismissal for Serious Misconduct

On 27 February 2024, the Nîmes Court of Appeal confirmed that an employee may be dismissed for serious misconduct for participating in an anti-competitive cartel. While the risk of companies being penalised for…more

Anti-Competitive, Cartels, Employee Misconduct, Employment Litigation, Former Employee

See all updates »

The only way is up?

We all see inflation rates having one direction only at the moment… Up. And higher inflation rates are bringing price adjustment clauses increasingly into focus in contract drafting. They are an effective means of counteracting…more

Commercial Leases, Contract Terms, EU, Exemptions, Inflation Adjustments

See all updates »

U.S. Businesses Challenge Government Orders in Attempt to Continue Operations

Shelter-in-place and social distancing have become the new normal as we try to combat the spread of the coronavirus-19/COVID-19 in the U.S. Many state governments have implemented stay-home or shelter-in-place orders to try to…more

Business Closures, Constitutional Challenges, Coronavirus/COVID-19, Due Process, Emergency Management Plans

See all updates »

The Right-sizing of Commercial Leases in Hong Kong SAR and Mainland China

In Hong Kong SAR and in Mainland China, we have observed an increase in the relative bargaining power of office tenants to negotiate their leases. A variety of factors, including a stronger supply of new office buildings and…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Hong Kong

See all updates »

To PPM or not to PPM that is the Question for many Start-Ups

Many start-up companies know they want to raise angel capital, but do not know how to proceed. They really want to know: “do I need a 50 page Private Placement Memorandum to raise money?” The answer is: “It depends, but…more

Angel Investors, Capital Raising, Investors, Offerings, Private Placements

See all updates »

Tracking Obligations in Supply Chain Contracts

Over the last few years, software providers have increasingly offered so-called “obligation management” tools to contracting parties to: ..more effectively manage their own obligations under a contract (or specific group of…more

Audits, Contract Management, Reporting Requirements, Software, Supply Chain

See all updates »

Foreign direct investment - Practical considerations for buyers and sellers

The UK prime minister recently declared the end of the so-called “golden era” of relations with China, adding that the closer economic ties of the previous decade had been “naive”. That assessment followed the UK government’s…more

China, Foreign Acquisitions, Foreign Direct Investment, Foreign Investment, Technology Sector

See all updates »

Hong Kong SAR Policy Address 2024: Foster Progress in Housing, Attracting Talent, Enhancing Culture, Tourism and Education

The Policy Address 2024 of Hong Kong was delivered by the Chief Executive on 16 October 2024 (the “Policy Address”). Among a series of reforms aimed at rejuvenating the city’s economy and enhancing residents’ livelihood, the…more

Affordable Housing, China, Foreign Investment, Hong Kong, National Security

See all updates »

Hong Kong SAR Policy Address 2024: Foster Progress in Housing, Attracting Talent, Enhancing Culture, Tourism and Education

The Policy Address 2024 of Hong Kong was delivered by the Chief Executive on 16 October 2024 (the “Policy Address”). Among a series of reforms aimed at rejuvenating the city’s economy and enhancing residents’ livelihood, the…more

Affordable Housing, China, Foreign Investment, Hong Kong, National Security

See all updates »

US Legislative Response to COVID-19

The unprecedented global pandemic posed by the new coronavirus (“COVID-19”) has left US lawmakers scrambling to provide emergency relief for individuals and businesses throughout the country while also seeking to slow the spread…more

Appropriations Bill, CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Emergency Management Plans

See all updates »

Not to be a Grinch, but...is Your Business TCPA Compliant? (With Apologies to Dr. Seuss)

Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts…more

ATDS, Auto-Dialed Calls, FCC, Prior Express Consent, Robocalling

See all updates »

From Code to Compliance: Essential Steps to Adapt to Colorado’s New AI Law

On May 17, 2024, Colorado’s Governor Jared Polis signed into law The Colorado AI Act (SB205).  SB205 will take effect on February 1, 2026, and regulates the use of certain high-risk artificial intelligence (AI) systems…more

App Developers, Artificial Intelligence, Compliance, Disclosure Requirements, Duty of Care

See all updates »

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context, there…more

Acquisitions, Biden Administration, CFIUS, Cross-Border Transactions, Department of Justice (DOJ)

See all updates »

CFTC’s Updated Large Trader Report Rule Leaves Important Questions Unanswered

Last week, the CFTC updated its large trader position reporting rules for futures and options. First proposed in June 2023, this much-needed change modernizes a rule that had gone largely unchanged since the 1980s…more

CFTC, Commodities Traders, Data Management, Due Process, Futures

See all updates »

Emergency Bylaws – Considerations in Light of the COVID-19 Pandemic and Beyond

Among the many previously hypothetical concerns for companies that became actualized, or threatened to become actualized, during the height of the COVID-19 pandemic was the prospect of multiple members of the board or senior…more

Board of Directors, Bylaws, Coronavirus/COVID-19, Corporate Governance, Delaware General Corporation Law

See all updates »

Harassment Prevention - The Chicago Way: Windy City Employers Face New Sexual Harassment Posting, Policy, Training, and Document Retention Requirements

The Chicago City Council recently amended the Chicago Municipal Code with respect to sexual harassment in the workplace. Failure to comply with these amendments, which take effect on July 1, 2022, could result in daily penalties…more

Anti-Harassment Policies, Document Retention Policies, Employee Handbooks, Employee Training, Employer Liability Issues

See all updates »

Briefcase 2023 Quarter 4: Key Real Estate Cases and Updates

High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal - A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a…more

Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Landlord and Tenant Acts, Real Estate Market

See all updates »

U.S. COVID-19: Preparing a Reopening Plan – Five Steps to Take Right Now

As state governments and businesses look towards restarting the economy, the consensus is that as the U.S. gradually re-opens, the look and feel of businesses will change dramatically. Before the world can return to its full…more

Coronavirus/COVID-19, Re-Opening Guidelines

See all updates »

SEC Adopts Expanded Exchange Act Dealer Rules: What Do the New SEC Rules Mean for DeFi?

In March of 2022, the SEC proposed rules to include “any market participant that engages in activities as describe in the rules [as] a ‘dealer’ or ‘government securities dealer[.]’”…more

Blockchain, Broker-Dealer, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

See all updates »

Banking Bites - April 2022 #2

Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market. …more

Banking Sector, Economic Sanctions, Financial Conduct Authority (FCA), London Metal Exchange, Regulatory Agenda

See all updates »

Commission's First Decision Under the Foreign Subsidies Regulation Authorising a Concentration Subject to Conditions

On 24 September 2024, the European Commission adopted its first decision under the Foreign Subsidies Regulation (“FSR”)…more

Antitrust Investigations, EU, European Commission, European Merger Control Regulation, Foreign Subsidies

See all updates »

A Lender’s Federal Post-Judgment Interest Quandary

Post-judgment interest is not something most lenders consider when making a loan. In fact, it is not ordinarily the subject of significant analysis even when litigation becomes necessary…more

Citigroup, Contract Drafting, Default Judgment, Diversity Jurisdiction, Post-Judgment Interest

See all updates »

Department of Education Issues Dear Colleague Letter as Student Protests Continue

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms about…more

Anti-Harassment Policies, Colleges, Dear Colleague Letter, Department of Education, Discrimination

See all updates »

Issuance of Reverse Yankee Bonds Remains Active

The sale of Reverse Yankee bonds by prominent US issuers – often with higher credit ratings – has recently continued at a rapid pace. Reverse Yankee bonds are debt securities issued by US issuers that are denominated in a…more

Bond Markets, Capital Markets, Corporate Financing, Debt Securities, Foreign Issuers

See all updates »

2022 Governance Best Practices Survey

Even the strongest corporate boards benefit from a regular infusion of fresh ideas. Culture, composition and governance practices - all of these are critical elements for boards to fulfill their oversight role, support…more

Advisory Committee, Banking Sector, Best Practices, Board of Directors, Corporate Culture

See all updates »

Crisis of Trust: Corporate Governance Update 2023

Following a series of accounting and audit scandals in recent years and what has been described as a “crisis of trust”, the UK Government, regulatory bodies, and institutional investor groups have set out to reform the UK’s…more

Audits, Board of Directors, Climate Change, Corporate Governance, Diversity and Inclusion Standards (D&I)

See all updates »

Nevada Supreme Court Affirms That Rescission of Default Is Effective To Deaccelerate Mortgage Loan

In November 2020, the Nevada Supreme Court denied en banc reconsideration of its unpublished decision in Glass v. Select Portfolio Servicing. The Glass decision confirmed that a rescission of a recorded notice of default…more

Appeals, Dismissals, En Banc Review, Mortgages, Motion to Dismiss

See all updates »

The CTA’s Impact on Trusts

The Corporate Transparency Act (CTA) and its reporting requirements has now gone live as of the first of this year and applies to nearly all existing and future entities (corporations, partnership and limited liability…more

Anti-Money Laundering, Beneficial Owner, Beneficiaries, Corporate Transparency Act, FinCEN

See all updates »

AI and the Construction Industry

Rapid advances in artificial intelligence (AI) have overhauled business models in many sectors. With productivity in the construction industry lagging behind other sectors, does AI present opportunities to innovate and increase…more

Architects, Artificial Intelligence, Construction Industry, Design-Build, General Contractors

See all updates »

Key Lessons from the Collapse of ISG

The recent collapse of Interior Services Group (ISG), which filed for administration on 20 September 2024, has alarmed the industry. EY has been tasked with managing outstanding projects that Glenigan suggests total over £2.5…more

Commercial Bankruptcy, Construction Industry, Construction Project, Creditors, Debt Restructuring

See all updates »

France - COVID-19 measures from 26 March 2020

On 26 March 2020, the French government issued 26 Covid 19 decrees as part of the health state of emergency that has been declared. Below is a  summary of the measures affecting businesses..…more

Coronavirus/COVID-19, France, Relief Measures, State of Emergency

See all updates »

Navigating Legal Challenges In French Civil Fraud Cases: An In-depth Analysis

In recent years, banking fraud in France has surged, driven by advanced technology and the integration of payment methods and mobile banking. We do a deep dive into the legislation to help our clients stay informed and…more

Authentication, Bank Fraud, Banking Sector, Banks, Cyber Attacks

See all updates »

BCLP Paris - Antitrust and Distribution Newsletter - June 2022

The Egalim 2 law, which aims to improve farmers' income by maximizing the transparency of trade relations, came into force on October 18, 2021. Eight months later, its implementation is still largely imperfect, for reasons both…more

Agricultural Sector, Commodities, EU, Farmers, Food Manufacturers

See all updates »

CCUS 2024 Conference: Points to Note

The CCUS 2024 conference, “Capturing a Net Zero Future”, held in London on 15 and 16 October, provided a space for developers, policymakers, financiers, investors and industry experts to discuss the latest advancements and…more

Carbon Capture and Sequestration, Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions

See all updates »

Generic.com May Not be Generic: Supreme Court Affirms Registrability of BOOKING.COM

On June 30, 2020, the U.S. Supreme Court held that BOOKING.COM is not a generic term, and is therefore eligible for trademark registration with the U.S. Patent and Trademark Office (“USPTO”). USPTO v. Booking.com B.V., __ U.S…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

See all updates »

Operational Real Estate: Challenges and Opportunities

A distinct asset class? Operational real estate is often spoken about as if it is a distinct real estate type or as if the term is only applicable to certain more operationally intensive real estate types such as hotels or…more

Asset Class, Asset Management, Business Operations, Commercial Property Owners, Investors

See all updates »

Caps on Employer Liability: Letters of Intent and CLS v WJGE

In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent or…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, Contract Disputes

See all updates »

Will the recently updated French FDI regulation impact your next deal?

Updated foreign direct investment (FDI) regulation around the world, including in France, requires, more than ever, advance planning and strategy. Playing it well will enhance deal certainty, mitigate risks and keep timing on…more

Acquisitions, Amended Regulation, Due Diligence, EU, European Economic Area (EEA)

See all updates »

FTC Bans Employee Noncompetes

On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward. The rule, which would create a new regulation at…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

BCLP Arbitration Survey 2023 - AI in IA: the Rise of Machine Learning

Welcome to the results of our Arbitration Survey 2023 on the use of Artificial Intelligence in International Arbitration. In keeping with this year’s survey topic, we asked a generative AI tool to compose an introductory…more

Arbitration, Arbitration Agreements, Artificial Intelligence, Evidence, Instant Messaging Apps

See all updates »

London: The Optimum IPO Venue for Israeli Growth Companies

For the vast majority of Israeli and Israel-related companies considering an IPO, London should continue to be the venue of choice. London has greater access to capital and liquidity than the Tel Aviv Stock Exchange and lower…more

Capital Markets, Corporate Governance, Initial Public Offering (IPO), Israel, Liquidity

See all updates »

Greening Real Estate - understanding the Green Premium in Corporate Real Estate M&A - Energy Efficiency Series - Part 2

In the first part of our series on Energy Efficiency, we looked at the backdrop and the various factors at play in relation to the target of achieving net-zero by 2050. In this article, we will explore how that backdrop is…more

Acquisitions, Energy Efficiency, Environmental Social & Governance (ESG), Industry Consolidation, Mergers

See all updates »

Chevron Overruled

In a 6-3 decision, the Supreme Court overruled its long-standing Chevron doctrine and delivered a blow to federal agencies’ regulatory authority by vesting statutory interpretation in the judiciary…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo

See all updates »

Caught in the crosshairs: How the PRA’s new Early Account Scheme impacts individuals

The Prudential Regulation Authority (“PRA”) has kicked-off 2024 by crystallising its new approach to enforcement. The key change is the introduction of the Early Account Scheme (“EAS”), which provides a mechanism for the…more

Attestation Requirements, Cooperation, Corporate Liability, Enforcement, Enforcement Actions

See all updates »

FCA Publishes Final Listing Rules on Sponsor Competency

Following on from the consultation at the end of 2023, the FCA has published its changes to the Listing Rules sourcebook, chapter 8 (sponsors), which take effect immediately. The changes focus on how a sponsor or a person…more

Final Rules, Financial Conduct Authority (FCA), Listing Rules, Sponsors, UK

See all updates »

From Brown to Green: Financing Real Estate Decarbonisation - Energy Efficiency Series - Part 3

Across the real estate sector, the discussion has often focused on “green” development such as building carbon neutral real estate. Many traditional lenders have also focused their sustainability initiatives on financing…more

Carbon Emissions, Climate Change, Energy Efficiency, Green Buildings, Green Finance

See all updates »

The winding road ahead: navigating representative proceedings in the High Court

With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in an…more

Access To Justice, Case Management, Class Action, Class Representatives, Equitable Relief

See all updates »

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients operating…more

Algorithms, Amazon Marketplace, Antitrust Investigations, Antitrust Provisions, Competition

See all updates »

CMA Hits Accelerator on Enforcement of UK Labour Markets

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan…more

Anti-Competitive, Cartels, Collective Bargaining, Cost-of-Living Adjustment (COLA), Department of Justice (DOJ)

See all updates »

Play Safe - How scam-proof are you in the new world of mandatory reimbursement for APP fraud?

Imagine this – a customer submits a payment instruction directing that all their life savings are transferred to a third-party account for the purposes of an investment. What do you do? While the scenario may appear innocuous,…more

Banking Sector, Financial Conduct Authority (FCA), Financial Crimes, Financial Services Industry, Fraud

See all updates »

State Specific Requirements for Wind and Solar Project Land Contracts 2024 Overview

In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical generation by other means. The…more

Clean Energy, Easements, Energy Information Association (EIA), Energy Policy, Energy Projects

See all updates »

Abraham Accords: Three Years On

The Abraham Accords Peace Agreement of 13 August 2020 (the Abraham Accords) heralded the normalization of diplomatic and business relations between Israel and the United Arab Emirates (the UAE). This historic regional shift in…more

Abraham Accords Peace Agreement, Cross-Border Transactions, Economic Partnership Agreements, Foreign Investment, Foreign Relations

See all updates »

PPP Loan Necessity Certifications and Fraud Investigations

A recent article in the Wall Street Journal highlights renewed talk in some circles about allegedly “growing evidence” of fraud among PPP participants.  We think the observation of the former federal prosecutor who is quoted in…more

CARES Act, Certification Requirements, Coronavirus/COVID-19, Fraud, Paycheck Protection Program (PPP)

See all updates »

U.S. Board oversight of “culture shock” as employees return to radically different workplaces

As states slowly move to reopen their economies, many returning employees will be shocked by the radical changes in their workplaces.  Collaborative spaces, ping pong tables and community break rooms, among other areas, will be…more

Coronavirus/COVID-19, Corporate Culture, Workplace Safety

See all updates »

A Capital Blow for Deducting Management Expenses

The Supreme Court confirmed in Centrica Overseas Holdings Ltd v HMRC that the tests for trading and management expenses of a capital nature are the same. The decision also confirms that once a company has decided in principle to…more

Asset Purchase Agreements, Capital Assets, Corporate Taxes, Deutsche Bank, HMRC