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One Metropolitan Square
211 North Broadway, Suite 3600
St. Louis, MO 63102-2750, United States
Phone: 314 259 2000
Fax: 314 259 2020
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
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  • Privacy
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Locations
Other U.S. Locations
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Number of Attorneys
1,000+ Attorneys

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

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FinCEN Proposes AML/CFT Rules for Investment Advisers

On February 13, 2024, the U.S. Treasury Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking regarding a new proposed rule that would require certain investment advisers to apply anti-money…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Comment Period

See all updates »

Paris Litigation Gazette - Issue 5 - February 2024

On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of…more

CNIL, Commercial Court, Competition, Consent, Contract Disputes

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

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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

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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

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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

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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

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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)

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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)

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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

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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

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The Sentencing Guidelines' New Zero-Point Offender Provision

This article discusses Amendment 821 to the Sentencing Guidelines, which went into effect on November 1, 2023, adding a new “zero-point offender” adjustment. The white-collar bar lauded this amendment, which—at first…more

Department of Justice (DOJ), Federal Sentencing Guidelines, Fines, White Collar Crimes

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Disputes in Focus: Quick Q&A on International Disputes - Important Points to Note

According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency of…more

Business Disputes, Commercial Litigation, Contract Disputes, Document Productions, Evidence

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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

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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

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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

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New York May Lead the Pack Through Imposition of Data Excise Taxes

New York may lead the charge on implementation of data excise taxes (i.e., “data mining taxes”) which will impose taxes on businesses that collect personal data. These data excise taxes primarily target large tech companies like…more

Data Collection, Data Mining, Excise Tax, Facebook, Google

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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

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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 »

All Washed Up - What Are the Risks for Firms That Won’t Show Greenwashing the Red Card?

In recent years, there has been a noticeable increase in green products and the promotion of sustainable objectives across the financial services industry. For example, we have seen much discussion of green loans, green bonds,…more

Banks, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), 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)

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The Parties’ Perspective: A Closer Look at the Updated UAE Federal Arbitration Law

The recent changes to the UAE Federal Arbitration Regime (set out in Federal Decree 15 of 2023 (“the Amendment”) have been rightly welcomed by the arbitration community, especially in relation to the regulation of arbitrators’…more

Abu Dhabi Global Markets (ADGM), Amended Regulation, Arbitration, DIFC, Dubai

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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

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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

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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

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FTC Announces 2024 Thresholds Under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based on…more

Acquisitions, Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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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

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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

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BCLP Benefits Q3 2020 Newsletter: IRS, DOL, and PBGC Guidance

In this edition of our newsletter, we have summarized key third quarter guidance from the Internal Revenue Service ("IRS"), Department of Labor ("DOL"), and Pension Benefit Guaranty Corporation ("PBGC"). As we look back on the…more

Coronavirus/COVID-19, Department of Labor (DOL), Drug Pricing, Employee Benefits, Executive Orders

See all updates »

UK Corporate Briefing - May 2024

Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about…more

Bank of England, Climate Change, Corporate Governance, Digital Securities, Disclosure Requirements

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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

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FinCEN Updates CTA FAQs for the First Time in Three Months - Includes Clarity About Reporting Requirements for Beneficial Owners

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) published an updated set of Frequently Asked Questions (FAQs) pertaining to the Beneficial Ownership Information (BOI) Reporting Rule under the Corporate…more

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

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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

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New York Poised to Ban All Non-Competes

A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York.  Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the State…more

Contract Terms, Covered Employees, Effective Date, Employment Contract, Exceptions

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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

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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

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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

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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

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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

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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

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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)

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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

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The Supreme Court Rejects “Pure Omissions” Liability under Section 10(b)

The U.S. Supreme Court has now resolved the split in lower courts, discussed in our March 14, 2024 post, over whether plaintiffs may bring a securities fraud claim based solely on a corporation’s omission from public filings of…more

Corporate Issuers, Disclosure Requirements, False Statements, Item 303, Macquarie Infrastructure Corp v Moab Partners LP

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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

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Can Multiple Claimants Use the Same Claim Form in Group Actions?

A recent decision in the Birmingham County Court has added to the body of case law growing around the test for listing multiple claimants on the same claim form. In Angel and others v Black Horse Limited, unreported, 8 September…more

Civil Claims, Consumer Credit Act, Consumer Credit Protection, Credit Agreements, UK

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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 »

Paris Litigation Gazette - Issue 5 - February 2024

On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of…more

CNIL, Commercial Court, Competition, Consent, Contract Disputes

See all updates »

What is FemTech and How Can It Meet the Privacy Needs of Its Users?

In part one of our series "FemTech: how this growing industry can build trust, protect privacy and redress healthcare inequity… one app at a time", we take an introductory look at the industry, and offer some commercially-minded…more

Data Privacy, Data Security, Data-Sharing, Health Care Providers, Information Commissioner's Office (ICO)

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FinCEN Updates CTA FAQs for the First Time in Three Months - Includes Clarity About Reporting Requirements for Beneficial Owners

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) published an updated set of Frequently Asked Questions (FAQs) pertaining to the Beneficial Ownership Information (BOI) Reporting Rule under the Corporate…more

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

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

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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

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EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the…more

CERCLA, Contamination, Department of Transportation (DOT), Discharge of Pollutants, Environmental Policies

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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Implied duty of mutual trust and confidence and employers’ right to terminate

In Hong Kong, an implied duty of mutual trust and confidence (“Duty”) exists between an employer and an employee. This duty requires that an employer shall not “without reasonable and proper cause, conduct itself in a manner…more

Administrative Appeals, Bad Faith, Breach of Duty, Damages, Duty of Trust

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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

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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

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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)

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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

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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

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RAAC - What It is and What It Means

As schools prepared to reopen this September after the summer break, hundreds were informed that, due to the use of Reinforced Autoclaved Aerated Concrete (RAAC) in their buildings (and its current state and condition), this…more

Contaminated Properties, Public Schools, Remediation, School Districts

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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

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Employment Agreements in The SEC’s Cross-Hairs: What Employers Should Do Now

Over the past several months, the U.S. Securities and Exchange Commission (“SEC”) has concluded several aggressive enforcement actions related to supposed violations of Rule 21F-17 under the Securities Exchange Act of 1934, as…more

Corporate Counsel, Enforcement Actions, Rule 21F-17, Securities and Exchange Commission (SEC), Securities Exchange Act

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CFTC’s Annual Enforcement Results: Another Blockbuster Year

The Commodity Futures Trading Commission ("CFTC") recently released its enforcement results for Fiscal Year 2023 ("FY 2023"), which ran from October 1, 2022, through September 30, 2023…more

Annual Reports, CFTC, Compliance, Confidential Information, Cooperation

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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

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Response to FCA's CP24/2

We strongly disagree with the FCA’s proposals, set out in CP24/2, to announce that it has opened enforcement investigations into firms where it considers this to be in the public interest. We set out our objections in detail…more

Comment Period, Enforcement, Enforcement Priorities, Financial Conduct Authority (FCA), Financial Services Industry

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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

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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

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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

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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)

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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

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SEC Risk Alert on Compliance with the Marketing Rule-Examination Observations

On April 17, 2024, the Division of Examinations (the “Division”) of the Securities and Exchange Commission (the “SEC”) published a Risk Alert entitled: “Initial Observations Regarding Advisers Act Marketing Rule Compliance” (the…more

Advertising, Books & Records, Compliance, Financial Services Industry, Form ADV

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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

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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

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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

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New Final Rule Requires U.S. Nursing Homes Disclose Ownership Structure

On November 17, 2023, the Centers for Medicare and Medicaid (CMS) published a final rule implementing additional disclosure requirements for U.S.-located, Medicare skilled nursing facilities and Medicaid nursing facilities…more

Disclosure Requirements, Health Care Providers, Long Term Care Facilities, Long-Term Care, New Rules

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Washington My Health Data Act FAQ's: Processing Biometric Data

What are the unique features concerning the processing of biometric data under the MHMDA? The MHMDA defines “biometric data” very broadly. Specifically, biometric data is “data that is generated from the measurement or…more

Biometric Information, Biometric Information Privacy Act, Data Collection, PHI, State Privacy Laws

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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

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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

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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

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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)

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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

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Employment Agreements in The SEC’s Cross-Hairs: What Employers Should Do Now

Over the past several months, the U.S. Securities and Exchange Commission (“SEC”) has concluded several aggressive enforcement actions related to supposed violations of Rule 21F-17 under the Securities Exchange Act of 1934, as…more

Corporate Counsel, Enforcement Actions, Rule 21F-17, Securities and Exchange Commission (SEC), Securities Exchange Act

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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

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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)

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Important Planning Changes Set Out in New Consultation

Some significant planning changes are proposed in a government consultation on ‘An Accelerated Planning System’ launched on 6 March 2024 alongside the Spring Budget (which closes on 1 May). These proposed changes cover new…more

Consultation, Expedited Actions Process, Expedited Approval Process, Spring Statement, UK

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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

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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

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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

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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

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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

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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

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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

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To Retrofit or Rebuild - is Planning Policy a Help or Hinderance?

Reducing the embodied carbon in the built environment has an important role in mitigating the effects of climate change. However, there is no national planning policy that incorporates such considerations in the planning…more

Carbon Emissions, Climate Action Plan, Climate Change, Energy Policy, Environmental Policies

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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

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California's Pay Transparency Laws

Since 2018, the California Equal Pay Act (“CEPA”) has prohibited employers from asking applicants about their salary history, including compensation and benefits, during the hiring process. California also requires employers to…more

Disclosure Requirements, DLSE, Hiring & Firing, Job Ads, Pay Transparency

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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

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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

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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

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Issues and Considerations Involving the Recovery of Executive Officer Compensation

At the recent meeting of the Employee Benefits and Executive Compensation Subcommittee at the ABA’s Business Law Fall meeting, moderators identified several hot topics stemming from the new compensation recovery (clawback)…more

American Bar Association (ABA), Clawbacks, Compliance, Corporate Governance, Executive Compensation

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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)

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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

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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

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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

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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

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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

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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

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Dis-closing Time: Golden State Enacts Greenhouse Gas Reporting, Climate Risk Disclosure Requirements

Thousands of companies that do business in California will soon face new climate reporting mandates following Governor Gavin Newsom’s approval of SB 253 (the “Climate Corporate Data Accountability Act”) and SB 261 (the…more

Climate Change, Corporate Governance, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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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

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FinCEN Updates CTA FAQs for the First Time in Three Months - Includes Clarity About Reporting Requirements for Beneficial Owners

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) published an updated set of Frequently Asked Questions (FAQs) pertaining to the Beneficial Ownership Information (BOI) Reporting Rule under the Corporate…more

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

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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

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DOJ to Apply FCPA Corporate Enforcement Policy as "Nonbinding Guidance" to Other Crimes

DOJ’s Acting Head of the Criminal Division, John Cronan, announced publicly that the FCPA Corporate Enforcement Policy, which is now part of the U.S. Attorney’s Manual and is considered formal guidance for FCPA cases, would be…more

Chief Compliance Officers, Compliance, Department of Justice (DOJ), Enforcement, Enforcement Authority

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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

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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

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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

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SEC Risk Alert on Compliance with the Marketing Rule-Examination Observations

On April 17, 2024, the Division of Examinations (the “Division”) of the Securities and Exchange Commission (the “SEC”) published a Risk Alert entitled: “Initial Observations Regarding Advisers Act Marketing Rule Compliance” (the…more

Advertising, Books & Records, Compliance, Financial Services Industry, Form ADV

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COVID-19 and Compulsory Teleworking: Reinforcement of Labour Inspectorate Controls

We feel it is important to draw your attention to an instruction from the Directorate General of Labour of Feb. 3, which invites labour inspectors to strengthen controls and, if necessary, to resort to coercive measures, with…more

Coronavirus/COVID-19, EU, Labour Code, Minister of Labour, Remote Working

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NEC ECC Hong Kong Edition: 5 Key Features

The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”)…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Hong Kong

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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

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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

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The French Law on the Regulation of Games Including NFT is Passed: Place Your Bets

We have been talking about it since last year: the bill to secure and regulate the digital space ("SREN") has now been passed. The legislative process leading up to the enactment of the SREN bill has been slow (as a reminder:…more

Cloud Computing, Cloud Storage, Criminal Code, Data Protection, Data Protection Acts

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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

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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

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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

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“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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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UK HR Two-Minute Monthly: March 2024

Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her…more

Employment Discrimination, Employment Tribunals, Equal Pay, Financial Services Industry, Gender Discrimination

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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

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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

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Watch Out For Basis Risk - Preparing and Executing LIBOR Transition in UK PPP, Infrastructure: Government Publishes Guidance

The Infrastructure Projects Authority (“IPA”) recently published guidance on LIBOR transition and key considerations for both UK PFI/PPP contractors and their financiers in respect of active LIBOR transition. Whilst this…more

Banking Sector, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Infrastructure, ISDA

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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)

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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

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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

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NEC ECC Hong Kong Edition: 5 Key Features

The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”)…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Hong Kong

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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)

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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

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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

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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

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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

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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)

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FTC Announces 2024 Thresholds Under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based on…more

Acquisitions, Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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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

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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

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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

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NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees under…more

Collective Bargaining, College Athletes, Colleges, Corporate Counsel, Employee Definition

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FinCEN Updates CTA FAQs for the First Time in Three Months - Includes Clarity About Reporting Requirements for Beneficial Owners

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) published an updated set of Frequently Asked Questions (FAQs) pertaining to the Beneficial Ownership Information (BOI) Reporting Rule under the Corporate…more

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

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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

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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

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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

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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

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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

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To Retrofit or Rebuild - is Planning Policy a Help or Hinderance?

Reducing the embodied carbon in the built environment has an important role in mitigating the effects of climate change. However, there is no national planning policy that incorporates such considerations in the planning…more

Carbon Emissions, Climate Action Plan, Climate Change, Energy Policy, Environmental Policies

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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

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Courts at the Forefront of Innovation - US and UK Approaches to Service and Enforcement in Digital Asset Fraud Cases

Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst in…more

Anonymity, Asset Seizure, Bitcoin, Blockchain, Cryptocurrency

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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

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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

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Learning From the Trucks Cartel Judgment: Mitigation

The Competition Appeal Tribunal’s judgment in Royal Mail and BT’s claim against DAF Trucks has provided welcome clarity on how the legal test for pass on should be applied. It provides helpful guidance on the factors that a…more

Cartels, Causation, Loss Mitigation, Manufacturers, Trucking Industry

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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

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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

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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

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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)

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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

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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

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Highly-Paid Executives May Be Entitled to Overtime Compensation

After an extensive analysis of the Fair Labor Standard Act’s (FLSA) provisions governing overtime pay as applied to highly-paid employees, the Supreme Court has upheld the FLSA’s “salary basis test” – finding that not only is…more

Department of Labor (DOL), Executive Compensation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Mass Settlements from a U.S. Perspective

As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and avoid…more

Attorney's Fees, Bellwether Verdicts, Class Action, Federal Rules of Civil Procedure, FRCP 23(e)

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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)

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NEC ECC Hong Kong Edition: 5 Key Features

The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”)…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Hong Kong

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Personal Matters - How will the risks to firms from individuals’ behaviour increase in 2024?

Financial regulators in the UK have been interested for some years in the question of how personal behaviour can affect the risk profile of a financial institution. A recent SEC case suggests that US regulators may now be…more

Consultation, Corporate Crimes, Corporate Officers, Criminal Justice Reform, Criminal Liability

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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

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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

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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

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Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

A Fifth Circuit panel recently upheld Nasdaq’s diversity disclosure rules after petitioners challenged them under the First and Fourteenth Amendments and the Administrative Procedure Act (APA). Alliance For Fair Board…more

Administrative Procedure Act, Board of Directors, Constitutional Challenges, Diversity, Diversity and Inclusion Standards (D&I)

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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

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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

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PFAS in Children’s Products: State-by-State Regulations - March 2024

PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted legislation concerning PFAS…more

Children's Products, Consumer Product Companies, Hazardous Substances, Manufacturers, PFAS

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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

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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

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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

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Climate Change Due Diligence for Real Estate Acquisitions

By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real estate to catastrophic damage…more

Building Codes, Climate Change, Coastal Real Estate, Due Diligence, FEMA

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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

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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

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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

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New Development in Relation to Underpayment of Holiday Pay

There has been much case law in relation to the underpayment of holiday pay in the context of overtime and commission. That case law has reinforced the position that although claims must be issued within 3 months of an…more

Employment Litigation, Holiday Pay, Holidays, UK, UK Supreme Court

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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

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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

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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

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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

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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

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EPA Publishes Extensive PFAS Chemical Reporting Rule With Wide-ranging Impacts

On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the Toxic…more

Commercial Use, Compliance, Contamination, Discharge of Pollutants, Due Diligence

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EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the…more

CERCLA, Contamination, Department of Transportation (DOT), Discharge of Pollutants, Environmental Policies

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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

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EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the…more

CERCLA, Contamination, Department of Transportation (DOT), Discharge of Pollutants, Environmental Policies

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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

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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

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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

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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

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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

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Washington My Health Data Act FAQ's: Processing Biometric Data

What are the unique features concerning the processing of biometric data under the MHMDA? The MHMDA defines “biometric data” very broadly. Specifically, biometric data is “data that is generated from the measurement or…more

Biometric Information, Biometric Information Privacy Act, Data Collection, PHI, State Privacy Laws

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Deadlines Fast Approaching for Corporate Transparency Act Compliance

Starting January 1, 2024, many new and existing U.S. and foreign entities will be required to file reports with the Financial Crimes Enforcement Network (“FinCEN”), a division of the U.S. Treasury…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform, FinCEN

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Developers can breathe a sigh of relief (for now) as the Court of Appeal plugs a gap in the Telecoms Code

Last year the Upper Tribunal held that holders of concurrent leases that are subject to pre-existing Telecoms Code agreements cannot be treated as a ‘party to the agreement’, effectively sterilising their ability to terminate or…more

Commercial Leases, Electronic Communications, Infrastructure, Operators, Real Estate Development

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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

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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

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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

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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

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The Supreme Court Rejects “Pure Omissions” Liability under Section 10(b)

The U.S. Supreme Court has now resolved the split in lower courts, discussed in our March 14, 2024 post, over whether plaintiffs may bring a securities fraud claim based solely on a corporation’s omission from public filings of…more

Corporate Issuers, Disclosure Requirements, False Statements, Item 303, Macquarie Infrastructure Corp v Moab Partners LP

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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

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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

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UK Corporate Briefing - May 2024

Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about…more

Bank of England, Climate Change, Corporate Governance, Digital Securities, Disclosure Requirements

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EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the…more

CERCLA, Contamination, Department of Transportation (DOT), Discharge of Pollutants, Environmental Policies

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After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was…more

Abuse of Dominance, Class Action, Class Representatives, Collective Actions, Contract Terms

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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

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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

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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

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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

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Amending planning permissions: Section 73 under the spotlight again

The planning regime has been adapted over time to accommodate the commercial realities of development, with statutory mechanisms introduced to enable the approval of amendments to existing planning permissions to various…more

Administrative Authority, Amended Legislation, Real Estate Development, Urban Planning & Development

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Washington My Health My Data Act Faqs: Data Subject Rights

On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only…more

Compliance, Data Subjects Rights, Electronic Protected Health Information (ePHI), New Legislation, Patient Privacy Rights

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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)

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Driving Force - More fines, more admissions, more monitors: what is the future of CFTC enforcement?

In a recent speech given at New York University’s School of Law, the Commodity Futures Trading Commission’s (CFTC’s) Director of Enforcement, Ian McGinley, unveiled a new advisory concerning penalties, monitors and admissions in…more

CFTC, Civil Monetary Penalty, Compliance Monitoring, Enforcement Priorities, New Guidance

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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

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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

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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

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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

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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

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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

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Paris Litigation Gazette - Issue 5 - February 2024

On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of…more

CNIL, Commercial Court, Competition, Consent, Contract Disputes

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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

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California’s Expansive New Children’s Online Privacy Law Faces First Amendment Challenge

The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as weak…more

Communications Decency Act, Constitutional Challenges, COPPA, Data Privacy, Data Protection Impact Assessments (DPIAs)

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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The Economic Crime and Corporate Transparency Act receives Royal Assent

The Economic Crime and Corporate Transparency Act (ECCTA) introduces a suite of wide-ranging reforms to tackle economic crime and improve transparency over corporate entities. Under the ECCTA, Companies House will have enhanced…more

Anti-Money Laundering, Compliance, Corporate Crimes, Corporate Governance, Corporate Transparency Act

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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

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Between the lines: Drawing insights from FERC OE's Annual Report on Enforcement

Pursuant to the Federal Energy Regulatory Commission’s (FERC or Commission) Revised Policy Statement on Enforcement, the Commission’s Office of Enforcement (OE) each year publishes “annual statistical reports” summarizing its…more

Annual Reports, Energy Sector, Enforcement Actions, Enforcement Statistics, FERC

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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

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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

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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

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Collective Settlement of Mass Claims: an Opportunity for Innovation

The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject…more

Federal Rules of Civil Procedure, Financial Conduct Authority (FCA), Litigation Strategies, Mass Tort Litigation, Rules of Civil Procedure

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FTC Announces 2024 Thresholds Under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based on…more

Acquisitions, Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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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)

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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

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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

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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

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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)

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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

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European Distressed Real Estate - How Will It Play Out This Time?

BCLP’s Pan-European Real Estate team hosted a round-table event on 27 February 2024 with several Managing Directors at Alvarez & Marsal to discuss the European commercial real estate market, including the latest developments on…more

Commercial Real Estate Market, Cross-Border Transactions, Distressed Assets, Distressed Properties, Environmental Social & Governance (ESG)

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UK HR Two-Minute Monthly: August 2023

Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual…more

Artificial Intelligence, Confidential Information, Disciplinary Proceedings, Dismissals, Drivers

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Coronavirus (COVID-19): Material Adverse Effect and M&A Transactions

Acquisition agreements customarily address risk associated with significant downward changes to the target’s business prior to closing through a variety of provisions, including through the use of the “material adverse effect”…more

Acquisitions, Breach of Contract, Contract Negotiations, Contract Terms, Coronavirus/COVID-19

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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

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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

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2016 Election Analysis

Following the results of the 2016 presidential election, Bryan Cave’s Public Policy & Government Affairs Team is focusing on the policy implications of the results at both the state and federal level. Team leader Dave Russell,…more

Election Results, General Elections, Presidential Elections

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UK COVID-19 Guidance for UK Retailers: Reopening Stores and Keeping them Open during the COVID-19 Pandemic

On 23 March 2020, the UK was placed in a police-enforced lockdown in a government effort to fight the spread of the Coronavirus (otherwise known as the COVID-19 pandemic). As part of the lockdown, all “non-essential” retail…more

Coronavirus/COVID-19, New Guidance, Non-Essential Businesses, Retailers, UK

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Missouri House Bill 703: New Provisions Regulating Statewide Initiative Petition Circulators May End Up in the U.S. Supreme Court

The Missouri House of Representatives will soon consider whether to pass House Bill 703, which contains two new provisions applicable to statewide initiative petition circulators. First, circulators must be a Missouri resident…more

Citizen Initiative Campaigns, First Amendment, Proposed Legislation, Residency Requirements, Split of Authority

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Kingstar and others v Hassans (a law firm) and others: has the test for limitation been clouded by the Supreme Court?

The Supreme Court of Gibraltar this week found in favour of our clients and dismissed an application by the defendants to strike out our clients’ claim against them on all three grounds relied upon by the defendants.  Our…more

Abuse of Process, Breach of Duty, Fiduciary Duty, Limitation Periods

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Hong Kong Court of Appeal decision on cartel fines imposed on entities within the same undertaking

Competition Commission v W. Hing Construction & others [2022] HKCA 786 (judgment date: 2 June 2022) concerned an appeal from the first Hong Kong judgments concerning pecuniary penalties for contraventions of competition rules. …more

Antitrust Violations, Cartels, Competition, Construction Industry, Enforcement Actions

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Paris' future bioclimatic local urban planning scheme: Where do we stand?

The City of Paris launched the general revision of its local urban planning scheme – called PLU (plan local d’urbanisme) – in December 2020. After two years of public consultation, the draft new PLU is almost ready for…more

Climate Change, Consultation, Green Buildings, Local Ordinance, Real Estate Development

See all updates »

Reforms to NSIP Application Process Coming Forward This Spring

Changes to the DCO consenting process to be introduced this spring have the potential to help applicants navigate this system with more certainty and confidence. They introduce more flexibility into the process allowing the…more

Approval Requirements, Construction Industry, Construction Project, Infrastructure, Planning Approval Process

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Quebec Law No. 25: a Little-known Privacy Law With a Big Reach

In late 2021, the Quebec legislature passed “The Privacy Legislation Modernization Act” or Law No. 25 (“Law 25”), which was designed to modernize and make significant changes to Quebec’s existing privacy framework. Previously,…more

Amended Legislation, Canada, Compliance, Consent, Data Protection Impact Assessments (DPIAs)

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RAAC - What It is and What It Means

As schools prepared to reopen this September after the summer break, hundreds were informed that, due to the use of Reinforced Autoclaved Aerated Concrete (RAAC) in their buildings (and its current state and condition), this…more

Contaminated Properties, Public Schools, Remediation, School Districts

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European Distressed Real Estate - How Will It Play Out This Time?

BCLP’s Pan-European Real Estate team hosted a round-table event on 27 February 2024 with several Managing Directors at Alvarez & Marsal to discuss the European commercial real estate market, including the latest developments on…more

Commercial Real Estate Market, Cross-Border Transactions, Distressed Assets, Distressed Properties, Environmental Social & Governance (ESG)

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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)

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Life Sciences - ESG Holy Grail for the Life Sciences Sector

Together with an imperative for being a responsible ethical citizen, environmental, social and governance (ESG) standards will help deliver sustainable growth that creates both commercial and societal value.  Investors are…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Investors, Life Sciences

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Joining the Dots - Will the UK’s New Critical Third Party Rules Truly Move the Dial for Financial Institutions?

The announcement in 2021 of the intention to implement new rules directly targeting the types of tech service provider relied on by most financial institutions may be a necessary corrective given the heavy market concentration…more

Bank of England, Cloud Service Providers (CSPs), Compliance, EU, Financial Conduct Authority (FCA)

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What Can Your Spouse Reach In A Divorce?

In the recent decision, Pfannenstiehl v. Pfannenstiehl, the Massachusetts Judicial Supreme Court overruled the appeals court decision and concluded that assets held in a discretionary trust created by a third party, where the…more

Appeals, Discretionary Trust, Divorce, Dual Beneficiaries, MA Supreme Judicial Court

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U.S. Health Care Industry Takes Note: U.S. Supreme Court 2023 Attention on False Claims Act

This Tuesday, April 18, 2023, the U.S. Supreme Court heard argument in U.S. v. SuperValu. SuperValu is the second – and more consequential – False Claims Act (FCA) case of the term…more

Centers for Medicare & Medicaid Services (CMS), Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Mid-Year Check-In: CFPB Taking Aim at The Fair Credit Reporting Act

Earlier this year, we wrote that the Consumer Financial Protection Bureau (CFPB) was signaling a not-so-quiet transition to aggressive compliance activities in 2022 after an extended period of flexibility during the COVID-19…more

Compliance, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Enforcement Priorities, Families First Coronavirus Response Act (FFCRA)

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New York Amends the Definition of “Employer” under the Human Rights Law and Expands Workplace Protections for Workers

On March 16, 2022, New York Governor Kathy Hochul signed a package of legislation to address workplace discrimination, harassment and retaliation. On March 16, 2022, Senate Bill S5870/Assembly Bill A7101 went it effect. …more

Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Human Rights, NYHRL

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Pay Transparency Requirements Are Coming to Illinois in 2025

Employers hiring for positions that will be performed in Illinois or report to a supervisor or office/worksite in Illinois will soon need to comply with pay transparency requirements recently signed into law by Gov. J.B…more

Compliance, Covered Employer, Effective Date, Equal Pay Act, Governor Pritzker

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Register of Overseas Entities - Duty to File Update Regardless of Any Change - Process and Implications

The Register of Overseas Entities launched nearly a year ago on 1 August 2022. The Register was established as a measure to increase transparency in the ownership of overseas entities that own UK land…more

Foreign Ownership, Foreign-Owned Corporations, Land Registries, Property Owners, Real Estate Investments

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Dennis v Southwark: does this new case materially amend Hillside?

Can a multi-phase development, consented in outline, be changed from that which was originally contemplated? This recent case, R (Dennis) v London Borough of Southwark, was decided on 17 January and involved Pilkington/Hillside…more

Building Permits, Construction Project, Design Applications, Materiality, Permits

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The role of planning in the fight against climate change

Planning legislation has been framed over many years to grapple with climate change and there is no doubt that there is real impetus at all levels of development to ensure that climate targets are met. In this blog we discuss…more

Carbon Emissions, Climate Change, Environmental Social & Governance (ESG), Green Buildings, Infrastructure

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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

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Employers Will Have Positive Duty to Prevent Sexual Harassment

The Worker Protection (Amendment of Equality Act 2010) Bill (the Act) recently received Royal Assent and will come into force in October 2024. Although there is no clue in the title, the Act is concerned exclusively with…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Sexual Harassment, UK

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Dis-closing Time: Golden State Enacts Greenhouse Gas Reporting, Climate Risk Disclosure Requirements

Thousands of companies that do business in California will soon face new climate reporting mandates following Governor Gavin Newsom’s approval of SB 253 (the “Climate Corporate Data Accountability Act”) and SB 261 (the…more

Climate Change, Corporate Governance, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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Supreme Court Rules that Federal Arbitration Act Does Not Apply to Independent Contractors in the Transportation Industry

In a decision that could have far-reaching implications for parts of the gig economy, the United States Supreme Court has held that the Federal Arbitration Act bars courts from compelling arbitration with respect to both…more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

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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

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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

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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

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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

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U.S. Healthcare and Life Sciences Alert: CMS Updates ACO REACH Program to Encourage Increased Participation

This August, the Centers for Medicare and Medicaid Services (CMS) announced multiple changes (to take effective in performance year 2024)  to one of its alternative payment models, the Accountable Care Organization Realizing…more

ACOs, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Shared Savings Program

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Emerging Themes in Financial Regulation 2020

Under the Senior Managers and Certification Regime (“SMCR”), firms are required to identify and report to the FCA any instances of disciplinary action taken in relation to conduct that would amount to a breach of one of the SMCR…more

Artificial Intelligence, Banking Sector, Blockchain, Bribery, Cartels

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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

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France - Measures COVID-19

In response to the pandemic of the Covid-19 Coronavirus, the Government put in place various measures to support businesses in difficulty. First of all, the emergency law of 23 March dealing with the coronavirus pandemic was…more

Coronavirus/COVID-19, Emergency Management Plans, France, Relief Measures

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Time to Comply: Washington My Health My Data Act

On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only…more

Compliance, Consent, Data Collection, Data Privacy, Data Subject Access Requests

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Brazilian Privatization Program

The incoming Brazilian administration is embarking on a program to sell equity interests and grant concessions in over 100 state-owned entities, as part of its effort to pay Brazil’s public debt and reduce the role of government…more

Airports, Brazil, Deficit Reduction, Energy Sector, Equity Securities

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Disputes in Focus: Quick Q&A on International Disputes - Important Points to Note

According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency of…more

Business Disputes, Commercial Litigation, Contract Disputes, Document Productions, Evidence

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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

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

Oh May 26, 2020, Mayor DeBlasio signed into law two of the three bills discussed in our previous alert aimed at providing relief to commercial tenants due to the pandemic crisis. Both laws will go into effect immediately…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Municipalities, New Legislation

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After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was…more

Abuse of Dominance, Class Action, Class Representatives, Collective Actions, Contract Terms

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Oh Yes They Did! - Ninth Circuit Holds that Use of Moderators May Impact DMCA Safe Harbor Shield

In Mavrix Photographs, LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. 2017) the Ninth Circuit held that the use of moderators by social media website LiveJournal created a question of fact as to whether the Digital Millennium…more

Copyright, Copyright Infringement, DMCA, Internet Service Providers (ISPs), Photographs

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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

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Paris' future bioclimatic local urban planning scheme: Where do we stand?

The City of Paris launched the general revision of its local urban planning scheme – called PLU (plan local d’urbanisme) – in December 2020. After two years of public consultation, the draft new PLU is almost ready for…more

Climate Change, Consultation, Green Buildings, Local Ordinance, Real Estate Development

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The Supreme Court Rejects “Pure Omissions” Liability under Section 10(b)

The U.S. Supreme Court has now resolved the split in lower courts, discussed in our March 14, 2024 post, over whether plaintiffs may bring a securities fraud claim based solely on a corporation’s omission from public filings of…more

Corporate Issuers, Disclosure Requirements, False Statements, Item 303, Macquarie Infrastructure Corp v Moab Partners LP

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Litigation Risks of Covid-19 Remote Witness and Notary Laws

In response to the crisis caused by the novel coronavirus pandemic, many states are authorizing the temporary use of remote notarization and, in some cases, remote witnessing for estate planning documents. While individuals have…more

Coronavirus/COVID-19, Electronic Notarization Standard, Notarization, Public Health Emergency, Relief Measures

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BSA 2022: Recommended Changes to Construction Contracts

In this Insight, first published in PLC, Kim Roberts, Katharine Tulloch and Corinna Whittle consider the key changes that parties may want to make to their construction contracts to take account of the new regulatory regime…more

Building Codes, Building Standards, Construction Contracts, Construction Industry, Construction Project

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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

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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

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EEOC Issues New Guidance on COVID-19 Employee Testing

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”…more

Americans with Disabilities Act (ADA), Business Necessity, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC)

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Can a Guarantor Waive his Right to a Foreclosure Confirmation Proceeding in Georgia?

Yes. On Monday, February 22, 2015, in a case closely watched by commercial real estate lenders, borrowers and guarantors, the Supreme Court of Georgia issued its opinion in PNC Bank, N.A. v. Smith, et al., S15Q1445. The…more

Borrowers, Commercial Real Estate Market, Condition Precedent, Foreclosure, GA Supreme Court

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Securities and Corporate Governance Update – July 2019

This newsletter discusses noteworthy updates, key regulatory decisions and upcoming compliance reminders…more

Accelerated Filers, Audits, Comment Period, Constitutional Challenges, Contempt

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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

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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 »

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

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UK HR Two-Minute Monthly: April 2024

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures for…more

Age Discrimination, Artificial Intelligence, Bias, Disability Discrimination, Employer Liability Issues

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New York Becomes Latest State to Strengthen Anti-SLAPP Law, Providing Greater Protections for the Exercise of Free Speech, Petition, and Association

For years, a growing number of United States jurisdictions – such as California, Colorado, Texas, Georgia, Nevada, Oregon, Louisiana, Oklahoma, Kansas, and Tennessee – have been enacting (or refining) strong anti-SLAPP laws,…more

Anti-SLAPP, Attorney's Fees, First Amendment, Free Speech, Governor Cuomo

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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

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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

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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)

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Congress Votes to Impose Trade Punishments on Russia and Belarus, Will Consider Tax and Procurement Measures

On April 8, 2022, President Biden signed two trade-related bills: one revoking normal tariff treatment for Russia and Belarus, and the other banning Russian energy imports. Following the April recess, Congress may take further…more

Belarus, Biden Administration, Economic Sanctions, Oil & Gas, Russia

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Delaware Court of Chancery Again Declines to Dismiss a Caremark Oversight Failure Claim

On April 27, 2020, the Delaware Court of Chancery for the third time in a year denied a motion to dismiss a Caremark claim. The case, Hughes v. Hu, involves a derivative claim against the audit committee and officers of a…more

Audit Committee, Board of Directors, Breach of Duty, Caremark claim, Derivative Suit

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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

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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

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Requirement of a domestic business address when Establishing a GMBH or an UG

In its decision dated 6 October 2021, the KG Berlin dealt with the obstacles to registration in the case of a new formation of a GmbH (Gesellschaft mit beschränkter Haftung - limited liability company) or an UG…more

Domestic Corporations, Germany, Registration Requirement

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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)

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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

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Employee Monitoring: Lessons from CNIL’s EUR 32M Fine Against Amazon France Logistique

Following the publication of several press articles and employee complaints, the French data protection regulator (“CNIL”) carried out an investigation at the Amazon France Logistique’s (“Amazon”) warehouses. The CNIL's…more

Amazon, CCTV, CNIL, Corporate Fines, Data Collection

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FTC Announces 2024 Thresholds Under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based on…more

Acquisitions, Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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BCLP Benefits Q3 2020 Newsletter: IRS, DOL, and PBGC Guidance

In this edition of our newsletter, we have summarized key third quarter guidance from the Internal Revenue Service ("IRS"), Department of Labor ("DOL"), and Pension Benefit Guaranty Corporation ("PBGC"). As we look back on the…more

Coronavirus/COVID-19, Department of Labor (DOL), Drug Pricing, Employee Benefits, Executive Orders

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SEC Risk Alert on Compliance with the Marketing Rule-Examination Observations

On April 17, 2024, the Division of Examinations (the “Division”) of the Securities and Exchange Commission (the “SEC”) published a Risk Alert entitled: “Initial Observations Regarding Advisers Act Marketing Rule Compliance” (the…more

Advertising, Books & Records, Compliance, Financial Services Industry, Form ADV

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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)

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France - Measures COVID-19

In response to the pandemic of the Covid-19 Coronavirus, the Government put in place various measures to support businesses in difficulty. First of all, the emergency law of 23 March dealing with the coronavirus pandemic was…more

Coronavirus/COVID-19, Emergency Management Plans, France, Relief Measures

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April Interest Rates Provide Refinancing Opportunity for Intra-Family Loans

The IRS recently announced the Applicable Federal Rates (“AFR”) for April 2020: ..the “short-term” rate is 0.91%; ..the “mid-term” rate is 0.99%; ..the “long-term” rate is 1.44%…more

Interest Rates, Intra-Family Loans, IRS, Refinancing

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Mass Settlements from a U.S. Perspective

As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and avoid…more

Attorney's Fees, Bellwether Verdicts, Class Action, Federal Rules of Civil Procedure, FRCP 23(e)

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Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital…more

Copyright, Copyright Office, Designated Agent, DMCA, Internet Service Providers (ISPs)

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A Quick Lesson on Harnessing Artificial Intelligence

A recent case highlights another area of potential legal risk with using generative AI: liability for content when AI simply gets the facts wrong. Earlier this month, a radio host sued OpenAI in Georgia state court,…more

Artificial Intelligence, Defamation, Radio Broadcasting, Risk Mitigation

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Death of the Bob Richards Rule? Supreme Court Limits Federal Common Law (Rodrigues v. Fed. Deposit Ins. Corp.)

When can a Federal Court employ a federal common law rule to make its decision in the case? Justice Gorsuch answer this in Rodriguez v. Fed. Deposit Ins. Corp., U.S., No. 18-1269, 2/25/20. The answer...less often than you might…more

Affiliated-Business Arrangements, Appeals, Bob Richards Rule, Commercial Bankruptcy, Consolidated Tax Returns

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Social Action - How will the financial regulator influence the Online Safety Act?

Social media raises a novel set of risks and challenges to effective financial services regulation, particularly in the field of consumer protection and market integrity. Specifically, regulators have expressed concerns around…more

Algorithms, Anti-Fraud Provisions, Compliance, Content Marketing, False Statements

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“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

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CPSC Publishes Mandatory Safety Rule for Consumer Products That Use Button Cell, Coin Batteries

The U.S. Consumer Product Safety Commission (CPSC) has published a final rule adopting a mandatory safety standard for consumer products that utilize button cell or coin batteries.  CPSC enacted the rule as required by Reese’s…more

Batteries, Child Safety, Children's Products, Children's Toys, Consumer Product Companies

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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

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Duty Bound - Paved with good intentions? The future of the Consumer Duty

The intention behind the implementation of the Consumer Duty is commendable. However, as firms seek to comply with the new requirements, there is a real risk that it may drive unintended, negative consequences…more

Consumer Financial Products, Consumers, Duty of Care, Financial Services Industry, Retail Investors

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RICS Sustainability Report 2023: More Progress Required to Achieve Carbon Net Zero Goal

In this Insight, first published in PLC, Freya Scott discusses the RICS Sustainability Report 2023, considers some of the barriers to achieving the carbon net zero goal by 2050 and what can be done to overcome these. Originally…more

Africa, Asia Pacific, Building Standards, Carbon Emissions, Climate Change

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Employers Take Note: New Employee Rights for Victims of Domestic or Sexual Violence in Missouri

In Missouri, the new Victims Economic Safety and Security Act (“VESSA”) allows an employee to request from his/her employer: 1) unpaid leave (for an individual who works for a business employing 20-49 employees - up to one…more

Covered Employer, Domestic Violence, Notice Requirements, Reasonable Accommodation, Sexual Assault

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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

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Effective Internal Compliance Programs

Effective compliance programs continue to gain importance. Across all industries, it is imperative that meaningful compliance programs are in place and that they are regularly assessed to account for new risks and changes in the…more

Chief Compliance Officers, Department of Health and Human Services (HHS), Federal Budget, Healthcare Provider Corporations, OIG

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Digital Speaks - Don't Gamble on Your Consumer T&Cs

Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into the contract) whilst also…more

Consumer Contracts, Contract Terms, Goods or Services, Online Contracts, Online Gaming

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Court of Appeal dismisses banks’ applications for permission to appeal - Vatche Manoukian v Societe Generale De Banque Au Liban S.A.L and Bank Audi S.A.L

Following the first ever merits judgment on international banking transfer rights under Lebanese law, in which the high court ordered specific performance against two Lebanese banks in favour of our client, Vatche Manoukian, the…more

Appeals, Dismissals, International Banks, Lebanon, Money Transfer

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COVID-19: Illinois Transitions to the “Bridge Phase” on May 14th

Governor Pritzker has announced that on Friday, May 14, 2021, the state of Illinois will enter the “Bridge Phase” of the Restore Illinois Plan, which will increase occupancy limits for many industries. In addition, Illinoisans…more

Coronavirus/COVID-19, Governor Pritzker, Re-Opening Guidelines, State Health Departments

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Deadlines Fast Approaching for Corporate Transparency Act Compliance

Starting January 1, 2024, many new and existing U.S. and foreign entities will be required to file reports with the Financial Crimes Enforcement Network (“FinCEN”), a division of the U.S. Treasury…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform, FinCEN

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Longer Leases, Lower Ground Rents and Leasehold Liberation: Residential Reforms in the King’s Speech Explained

The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of…more

Commercial Property Owners, Commercial Tenants, Contract Terms, Eviction, Ground Leases

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10 things you should know about lease agreements in Germany / England & Wales

German civil law differentiates between residential and commercial leases (Mietvertrag) and leaseholds (Pachtvertrag). Residential or commercial leases are more common than leaseholds: they grant the tenant a right to use the…more

Civil Code, Commercial Leases, Commercial Real Estate Market, Contract Terms, Germany

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Employment Agreements in The SEC’s Cross-Hairs: What Employers Should Do Now

Over the past several months, the U.S. Securities and Exchange Commission (“SEC”) has concluded several aggressive enforcement actions related to supposed violations of Rule 21F-17 under the Securities Exchange Act of 1934, as…more

Corporate Counsel, Enforcement Actions, Rule 21F-17, Securities and Exchange Commission (SEC), Securities Exchange Act

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Greening Real Estate - Where are we now? - Energy Efficiency Series - Part 1

Against the ambitious backdrop set by the Paris Climate Agreement to reach net-0 by 2050, there is a clear drive by corporations to move forward on their environmental, social and governance (ESG) or sustainability agendas. As…more

Carbon Emissions, Climate Change, Commercial Real Estate Market, Environmental Social & Governance (ESG), Green Buildings

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NEC ECC Hong Kong Edition: 5 Key Features

The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”)…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Hong Kong

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New HMRC guidance on VAT and SDLT treatment of lease variations

During the Covid-19 pandemic, landlords and tenants are increasingly varying their leases to reflect the business difficulties facing tenants. In response, on 29 July 2020 HMRC issued guidance on which types of lease variations…more

Commercial Leases, Commercial Tenants, HMRC, International Tax Issues, UK

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Elevating Antitrust Issues: President Biden’s New Executive Order

During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”) promises…more

Agricultural Sector, Antitrust Division, Banking Sector, Biden Administration, Consumer Financial Protection Bureau (CFPB)

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VAT Invoices and the Final Date for Payment

In its recent decision in Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC), the TCC provided some helpful guidance around the statutory payment provisions in the Housing Grants, Construction…more

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

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Inflation reduction act expands support for nuclear power plants

The Inflation Reduction Act (“IRA”) created new incentives for the generation of electricity from nuclear power plants, supplementing incentive provisions that are currently in place. The primary changes are (i) the adoption of…more

Department of Energy (DOE), Economic Sanctions, Embargo, Energy Tax Incentives, Federal Funding

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Courts at the Forefront of Innovation - US and UK Approaches to Service and Enforcement in Digital Asset Fraud Cases

Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst in…more

Anonymity, Asset Seizure, Bitcoin, Blockchain, Cryptocurrency

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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

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Real Estate Investment Trusts in Hong Kong may soon benefit from enhanced investment and borrowing powers

As noted in the Consultation Paper issued by the Securities and Futures Commission (“SFC”) on 9 June 2020, an SFC-authorised REIT is currently allowed by the SFC to have less than ‘majority ownership and control’ in properties…more

Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), REIT, Shareholders

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Queen’s Speech: New planning measures introduced

This year’s Queen’s Speech takes forward the Government’s planning reform agenda. In this BCLP Insight we take a look at which new Bills have implications for planning and what this means for those in the planning and…more

Construction Industry, Construction Project, Energy Sector, Environmental Assessments, Infrastructure

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California Imposes Sweeping Demographic Reporting Rule on Private Fund Sponsors

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill 54, Fair Investment Practices by Investment Advisers (“SB54”). The law requires that “covered entities” collect and report sensitive demographic…more

California, Capital Markets, Diversity, Diversity and Inclusion Standards (D&I), Investment Adviser

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From physical to digital - the advancements of a retail uk central bank digital currency

On 28 February 2023, the House of Commons Treasury Committee questioned representatives from the Bank of England (the “BoE”) on the latest developments on its plans for the proposed UK Central Bank Digital Currency (“CBDC”)…more

Bank of England, Central Bank Digital Currency (CBDCs), Congressional Committees, Congressional Investigations & Hearings, Cryptocurrency

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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

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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)

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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

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SEC v. Ripple Labs: A Critical Industry Win

Ripple Labs (“Ripple”) was one of the first companies to emerge in the crypto space and is now among the first to secure a win against the SEC. In 2020—nearly a decade after Ripple created its digital token, XRP—the SEC sued…more

Crypto Exchanges, Decentralized Autonomous Organization (DAO), Economic Realities Test, Enforcement Actions, Howey

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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

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Into the Unknown - Supreme Court Confirms Parameters for Injunctive Relief Against Trespassing Newcomers

Injunctions against “persons unknown” have recently garnered much attention, being deployed in both traditional scenarios such as to prevent traveller groups trespassing on land, and also against protestors or urban explorer…more

Injunctions, Property Owners, Trespass, UK, UK Supreme Court

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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

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Litigation Risks of Covid-19 Remote Witness and Notary Laws

In response to the crisis caused by the novel coronavirus pandemic, many states are authorizing the temporary use of remote notarization and, in some cases, remote witnessing for estate planning documents. While individuals have…more

Coronavirus/COVID-19, Electronic Notarization Standard, Notarization, Public Health Emergency, Relief Measures

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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

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New York Poised to Ban All Non-Competes

A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York.  Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the State…more

Contract Terms, Covered Employees, Effective Date, Employment Contract, Exceptions

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Tesla’s Super-charged Equity Award to Elon Musk Unplugged by Delaware Court Cautionary Tale for Boards and Executives

The Delaware Chancery Court invalidated a substantial equity award to Elon Musk – the largest in history. It applied the entire fairness test instead of the more deferential business judgment rule, finding that Musk “controlled”…more

Board of Directors, Breach of Duty, Business Judgment Rule, Compensation Committee, Disclosure Requirements

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Updated German tax alert: German Federal Ministry of Finance requires disclosure in cases of licensing of IP registered in Germany

Summary - ..According to the German Federal Ministry of Finance (BMF) the licensing of rights registered in a German register is subject to limited tax liability, even if no further German nexus exists. ..Depending upon…more

Disclosure Requirements, Germany, IP License, Legal History, Ministry of Finance

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Does the Supreme Court’s Extensive Personal Jurisdiction Jurisprudence Risk Going Off the Rails?

The Supreme Court held that a corporation can be subject to personal jurisdiction in a state in which it has registered to do business—solely on that basis, and regardless of the extent of its operations in that state…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Constitutional Challenges, DaimlerChrysler v Bauman, Due Process, Foreign Corporations

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Check Complete: Arteta Decision Confirms Strong Criticism Might Not Be Misconduct Under FA Rules

Earlier this month, a Regulatory Commission issued a significant decision limiting the scope of liability for misconduct under the FA Rules. In dismissing the FA’s charge against Arsenal FC manager Mikel Arteta, the Regulatory…more

Corruption, Football, Regulatory Requirements, Soccer, Sports

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Building Safety Act gains Royal Assent

The Building Safety Act received Royal Assent on 28 April 2022. In this BCLP Insight, Alex Clough, Gareth Stringer, Jeremy Bark and Katharine Tulloch take a look at the structure of the Act and what is known so far about when it…more

Building Codes, Building Standards, New Legislation, Safety Standards, UK

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New York May Lead the Pack Through Imposition of Data Excise Taxes

New York may lead the charge on implementation of data excise taxes (i.e., “data mining taxes”) which will impose taxes on businesses that collect personal data. These data excise taxes primarily target large tech companies like…more

Data Collection, Data Mining, Excise Tax, Facebook, Google

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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

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Hong Kong SAR Policy Address 2023

The Policy Address 2023 was delivered by the Hong Kong SAR Chief Executive, John Lee (“CE”) on 25 October 2023. In addition to some expected initiatives to further promote the principle of “One Country, Two Systems” and further…more

Hong Kong, Housing Market, National Security, Policy Statement, Public Safety

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Improving liquidity for Asian real estate investors - Part 3: Sale and Leaseback Agreements

A common route for property owners to effect divestiture of their real estate assets to de-risk their investments and to improve liquidity is to sell down part of the asset and form a joint venture with the buyer. Alternatively…more

Asia, Commercial Leases, De-Risking, Divestiture, Landlords

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Indonesia in Focus Newsletter - September 2021

Construction begins on Southeast Asia's largest floating solar power plant in Indonesia - In early August 2021, plant developer PT PJB Masdar Solar Energi (PMSE) announced that it had reached financial closing for the 145 MW…more

Banking Sector, Electric Vehicles, Energy Projects, Indonesia, Liquid Natural Gas

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Credit Bids

What is a credit bid? In certain circumstances, a secured lender can ‘bid’ its secured claim against the purchase price in a sale of the secured assets. The secured lender can compete with cash bids for the collateral,…more

Commercial Bankruptcy, Credit Bids, Lenders, Sale of Assets, UK

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SEC Slaps SPAC for Hiding Preliminary M&A Talks: Lessons for Other Public Companies

On January 25, 2024, the SEC announced the settlement of cease-and-desist proceedings against Northern Star Investment Corp. II, a special purpose acquisition company (SPAC). The SEC alleged that the company failed to disclose…more

Acquisitions, Corporate Counsel, Initial Public Offering (IPO), Mergers, Popular

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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)

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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

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Unlocking planning for the Northern Powerhouse in a post Covid-19 age

The economic crisis of Covid-19 could provide a counterintuitive catalyst for delivering the Northern Powerhouse in the long term. In this blog we explore how the Development Consent Order process could unlock such projects…more

Coronavirus/COVID-19, Economic Development, Economic Downturn, Infrastructure, UK

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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

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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

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Unpacking the Law Commission's Digital Assets Consultation

On Feb. 22, the U.K. Law Commission launched a consultation on the Property (Digital Assets etc) Act 2024, a draft legislation that confirms the existence of a third category of personal property. Given the current model of…more

Consultation, Cryptocurrency, Digital Assets, Personal Property, Proposed Legislation

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Check Complete: Arteta Decision Confirms Strong Criticism Might Not Be Misconduct Under FA Rules

Earlier this month, a Regulatory Commission issued a significant decision limiting the scope of liability for misconduct under the FA Rules. In dismissing the FA’s charge against Arsenal FC manager Mikel Arteta, the Regulatory…more

Corruption, Football, Regulatory Requirements, Soccer, Sports

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Trump Administration Revamps the NEPA Regulations

On July 15, 2020, the Council on Environmental Quality (“CEQ”) promulgated comprehensive amendments to the CEQ regulations implementing the National Environmental Policy Act of 1969 (“NEPA”). This Client Alert summarizes the key…more

Deregulation, Environmental Impact Report (EIR), Environmental Review, NEPA, Trump Administration

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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

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BSA 2022: Recommended Changes to Construction Contracts

In this Insight, first published in PLC, Kim Roberts, Katharine Tulloch and Corinna Whittle consider the key changes that parties may want to make to their construction contracts to take account of the new regulatory regime…more

Building Codes, Building Standards, Construction Contracts, Construction Industry, Construction Project

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Applying the FCA’s proposed new guidance on non-financial misconduct

Non-financial misconduct in financial services firms is back at the top of the agenda following the concurrent publication of the FCA’s Consultation Paper 20/23 (Diversity and inclusion in the financial sector – working together…more

Consultation, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Financial Conduct Authority (FCA)

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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

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A Quick Lesson on Harnessing Artificial Intelligence

A recent case highlights another area of potential legal risk with using generative AI: liability for content when AI simply gets the facts wrong. Earlier this month, a radio host sued OpenAI in Georgia state court,…more

Artificial Intelligence, Defamation, Radio Broadcasting, Risk Mitigation

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Paris Litigation Gazette - Issue 5 - February 2024

On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of…more

CNIL, Commercial Court, Competition, Consent, Contract Disputes

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Cyber Incident Reporting for Critical Infrastructure Act - What Companies Need to Know Now

The Cyber Incident Reporting for Critical Infrastructure Act (“CIRCIA” or “the Act”) is a new federal law, adopted in March 2022, which requires critical infrastructure entities to report certain cybersecurity incidents and…more

Compliance, Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting

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NOW is the Time to Review and Correct Retirement Plan Compliance: IRS Notice 2023-43

There has never been a better time for plan sponsors to prioritize reviewing and self-correcting eligible plan failures. SECURE 2.0, attached to the 2022 year-end Consolidated Appropriations Act, expands retirement savings…more

Benefit Plan Sponsors, Compliance, Consolidated Appropriations Act (CAA), Employee Benefits, EPCRS

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White House CEQ Launches Task Forces to Promote Beneficial CCUS Projects

The White House Council on Environmental Quality (CEQ) announced on March 24, 2023 membership in two new task forces to inform responsible development of Carbon Capture, Utilization, and Sequestration (CCUS). The task forces are…more

Administrative Appointments, Biden Administration, Carbon Capture and Sequestration, CEQ, Climate Change

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Risk Mitigation in a Volatile Price Market

The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Master Servicer Agreements Can Streamline Contracting, but Steer Clear of Pitfalls

Retailers often use master service agreements (“MSAs”) to repeatedly contract for the same services. MSAs spell out most but not all of the terms between the parties…more

Contract Terms, Master Service Agreement, Retailers

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FCA Test Case Impact on U.S. Insurers

Insurers and policyholders worldwide have been embroiled in litigation seeking clarity on whether or not their policies cover various losses caused by the COVID-19 Pandemic. Of particular interest to many businesses (and their…more

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

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New York’s Detailed Commercial Finance Disclosure Requirements Take Effect

Compliance with the requirements of New York Financial Services Law sections 801-811 (the Commercial Finance Disclosure Law or “NYCFDL”) as implemented by the New York Department of Financial Services (“DFS”) becomes mandatory…more

Commercial Loans, Corporate Financing, Disclosure Requirements, Financial Institutions, Financial Regulatory Reform

See all updates »

UK HR Two-Minute Monthly: April 2024

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures for…more

Age Discrimination, Artificial Intelligence, Bias, Disability Discrimination, Employer Liability Issues

See all updates »

Patent Office Issues Final Rule Amending the Rules of Practice for Trials at the PTAB

The U.S. Patent and Trademark Office (Patent Office) has issued a final rule that addresses aspects of trial practice for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB), takes effect May 2,…more

America Invents Act, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies, Cuozzo Speed Technologies v Lee

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 »

Levelling Up and Regeneration Act 2023: Summary of DCO and CPO Reforms

Included in the wide range of provisions in the Levelling Up and Regeneration Act 2023 are some important changes to the process and procedures for Development Consent Orders and Compulsory Purchase Orders. In this Insight we…more

Housing Developers, Land Developers, Real Estate Development, State and Local Government, Urban Planning & Development

See all updates »

Judicial Guidance on AI Use - A Brief Update

Following our recent blog on the use of AI in the law, Tuesday 12 December saw the timely release of new AI guidance for the judiciary. We have highlighted a few key points of interest from the issued guidance and have…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, New Guidance

See all updates »

Offshore Wind Projects: Contracts, Risks and Looking Forward

An article about offshore wind projects and some of the unique issues specific to the delivery of this type of project that are not typically addressed by existing standard form contracts. Originally published in PLC…more

Auction, Clean Energy, Electricity, Energy Projects, Energy Sector

See all updates »

New York Poised to Ban All Non-Competes

A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York.  Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the State…more

Contract Terms, Covered Employees, Effective Date, Employment Contract, Exceptions

See all updates »

With its Latest Antitrust Nomination, Biden Administration Doubles-Down on its Big Tech Enforcement Focus

After leaving the position vacant for six long months, the Biden Administration announced that it would nominate Jonathan Kanter for the position of Assistant Attorney General for the Antitrust Division at the Department of…more

Antitrust Division, Biden Administration, Big Tech, Department of Justice (DOJ), Presidential Nominations

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 »

Implications of FINRA’s Recently Released 2022 Sanction Guidelines

FINRA’s recent overhaul of its Sanction Guidelines is the largest and most significant in two, if not three, decades. It would be quite the understatement to say that the time had come for FINRA to make a much-needed change to…more

Anti-Money Laundering, Broker-Dealer, Compliance, Cooperation, Corporate Fines

See all updates »

2023 Recap: Important US Oil and Gas Decisions

In 2023, the US oil and gas industry witnessed significant legal developments that highlight the importance of careful drafting. This recap, together with my prior analysis, captures some of the pivotal case law that defined the…more

Adverse Possession, Leases, Mineral Leases, Oil & Gas, Royalties

See all updates »

U.S. Supreme Court Explains Meaning of “knowingly” Under the False Claims Act

In its recent unanimous and significant decision in the consolidated cases of United States ex rel. Schutte v. SuperValu, No. 21-1326 (6-1-23), and United States ex rel. Proctol v. Safeway, Inc., No. 22-111 (6-1-23), the Supreme…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

See all updates »

Some Good News for Depositors of Silicon Valley Bank and Signature Bank

Here is the latest regarding Silicon Valley Bank (“SVB”) and Signature Bank as of Sunday, March 12th according to the FDIC. We expect to learn more by COB Monday, March 13th..…more

Banks, Deposit Accounts, Deposit Insurance, FDIC, Insolvency

See all updates »

One Step Closer to the new EU-US Data Privacy Framework

Two and a half years after the Schrems II decision invalidated the EU-US Privacy Shield, the EU and US are inching closer to a replacement data transfer mechanism for EU to US personal data transfers. On 13 December 2022, the…more

Adequacy Requirement, Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield

See all updates »

U.S. COVID-19: New York state’s temporary commercial foreclosure ban is inapplicable to proposed sales of collateralized assets governed by the UCC.

Through a series of executive orders (202.8 and 202.28) issued by Governor Cuomo, the State of New York has banned the enforcement of commercial foreclosures through and including June 6, 2020. Neither executive order, however,…more

Commercial Property Owners, Coronavirus/COVID-19, Foreclosure, Governor Cuomo, Moratorium

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London: an Attractive IPO Venue for US Mid-Caps

While the British media is currently focussed on a small number of large-cap companies, formerly listed in London, choosing to move their listings to New York, there is another story which is not so well publicised. Many…more

Capital Markets, Capitalization, Corporate Governance, Initial Public Offering (IPO), Listing Rules

See all updates »

Spring Budget 2023 - tax impact on the real estate sector

Underneath the headline points, the Budget contained a number of measures designed to fulfil the Chancellor’s objective of encouraging growth and investment. There was broadly good news for those investing in UK real estate. We…more

Budgets, HMRC, Interest Rates, Investment Funds, Real Estate Investments

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 »

Deadlines Fast Approaching for Corporate Transparency Act Compliance

Starting January 1, 2024, many new and existing U.S. and foreign entities will be required to file reports with the Financial Crimes Enforcement Network (“FinCEN”), a division of the U.S. Treasury…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform, FinCEN

See all updates »

Cloud, Data Centre Sale-Leasebacks and the Pandemic - Accelerating Trends for UK and European Regulated Firms

The COVID-19 pandemic has accelerated the two linked trends of financial institutions transferring their IT infrastructure to the cloud and selling their self-owned data centres in order to lease back only the reduced space and…more

Cloud Computing, Cloud Service Providers (CSPs), Cloud Storage, Commercial Property Owners, Commercial Real Estate Market

See all updates »

Fourth Circuit Holds Faxes Received Online Not Subject to TCPA

A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition…more

Ascertainable Class, Chevron Deference, Class Action, Class Certification, Declaratory Rulings

See all updates »

IRS guidance on energy community PTC and ITC bonus credits provides some needed clarity

On April 4, 2023, the IRS and the Treasury issued Notice 2023-29 (the “Notice”) announcing an intention to propose regulations, and providing interim guidance, with respect to the requirements that taxpayers must satisfy in…more

Brownfield Properties, CERCLA, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits

See all updates »

Can companies use arbitration clauses and class-action waiver provisions to mitigate the risk of CCPA-related class actions?

More than likely. The CCPA states that consumers may seek, on “an individual or class-wide” basis, actual damages, statutory damages, or injunctive or declaratory relief following certain types of data security breaches. The…more

Arbitration, AT&T Mobility v Concepcion, California Consumer Privacy Act (CCPA), Class Action Arbitration Waivers, Corporate Counsel

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 »

BSA 2022: Recommended Changes to Construction Contracts

In this Insight, first published in PLC, Kim Roberts, Katharine Tulloch and Corinna Whittle consider the key changes that parties may want to make to their construction contracts to take account of the new regulatory regime…more

Building Codes, Building Standards, Construction Contracts, Construction Industry, Construction Project

See all updates »

Modifications to the California Homeowner Bill of Rights

On January 1, 2018, certain provisions of the California Homeowner Bill of Rights (“HBOR”) expired. But contrary to what many assumed, the January 1, 2018 expiration date did not apply to all of the HBOR’s provisions, and many…more

Foreclosure, Homeowner Bill of Rights, Mortgage Servicers, Mortgages, New Regulations

See all updates »

Some tips on the future of tipping

The way in which tips are allocated in the hospitality, leisure and services sectors has long been a contentious issue. Under the Employment (Allocation of Tips) Act 2023 (the “Act”), which has just received Royal Assent…more

Enforcement, Hospitality Industry, Minimum Wage, New Legislation, Tipped Employees

See all updates »

Securities and Corporate Governance Update – October 2019

This newsletter discusses noteworthy updates, key regulatory decisions and upcoming compliance reminders. In this edition, we review: ...SEC Changes Approach to Shareholder Proposal No-Action Requests ...SEC Issues…more

Breach of Contract, Cease and Desist Orders, Clean Water Act, Contract Terms, Corporate Governance

See all updates »

REIT reform in the UK - further modernisation

The Government has announced a further series of proposed changes to the UK REIT rules as part of the wider review of the UK funds regime and published draft legislation. This third set of changes are earmarked for Finance…more

Financial Regulatory Reform, Institutional Investors, Investment Funds, Mortgage REITS, Proposed Amendments

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 »

All Washed Up - What Are the Risks for Firms That Won’t Show Greenwashing the Red Card?

In recent years, there has been a noticeable increase in green products and the promotion of sustainable objectives across the financial services industry. For example, we have seen much discussion of green loans, green bonds,…more

Banks, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), EU

See all updates »

Colorado Employers Face POWR-Ful Changes to Employment Law

On August 7, 2023, Colorado’s Protecting Opportunities and Workers’ Rights (POWR) Act takes effect, significantly shifting the power balance toward employees…more

Affirmative Defenses, Anti-Harassment Policies, Employer Liability Issues, Employment Contract, Harassment

See all updates »

Electronic filing of court documents in HK – Court Proceedings (Electronic Technology) Bill

The Court Proceedings (Electronic Technology) Bill (the “Bill”) made its way through the second and third reading on 17 July 2020, being the last bill passed by LegCo before it was released for summer recess. One of the…more

Electronic Filing, Hong Kong, Rules of Civil Procedure

See all updates »

Don’t panic: the long view of FTC’s proposed non-compete rule

Last week, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking (the “Proposed Rule”) proposing a rule that would ban “non-compete” agreements. Finding that non-compete clauses reduce competition, wages,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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 »

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 »

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 »

U.S. COVID-19: Applying Security Deposits under Leases as Tenant Defaults Mount

Many commercial tenants failed to pay April rent. Landlords may be thinking about applying security deposits or drawing down on letters of credit to cover tenants’ defaults…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Default

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 »

U.S. Supreme Court Re-routes Escheatment of Payment Products

The U. S. Supreme Court has redirected escheatment of certain unclaimed funds from states that were previously presumed properly to claim the funds. In this decision, instead of escheating all of the unclaimed funds arising from…more

Abandoned Property, Delaware General Corporation Law, Escheat, Federal Common Law, Money Orders

See all updates »

U.S. COVID-19: Protective Tips for New York Landlords and Tenants During COVID-19

As New Yorkers grapple with the economic consequences of COVID-19, landlords and tenants must evaluate their relationship from a novel perspective. On March 7, 2020, Governor Cuomo issued Executive Order 202, which declared a…more

Commercial Leases, Coronavirus/COVID-19, Executive Orders, Governor Cuomo, Landlords

See all updates »

When appealing a contempt order will be an abuse of process

Our insight into a recent judgment of the Court of Appeal: the judgment provides valuable analysis from the Court of Appeal as to the legal principles and the policy considerations around what constitutes an abuse of process as…more

Abuse of Process, Appeals, Breach of Duty, Civil Contempt Orders, Fiduciary Duty

See all updates »

Regulators Impose Extraordinary Fine Amounts in Recent Off-Channel Communications Enforcement Actions

The Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) have, in two separate recent settled enforcement actions involving off-channel communications (“OCC”), imposed fine amounts…more

Broker-Dealer, Compliance, Electronic Communications, Electronically Stored Information, Enforcement Actions

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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