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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
Robinson+Cole Construction Law Zone

USDOT’S DBE Program Blocked in Kentucky and Indiana

The end of the U.S. Department of Transportation’s (USDOT) Disadvantaged Business Enterprise (DBE) program is getting closer. The DBE program presumes women and minority-owned firms are disadvantaged and sets goals for them...more

Farrell Fritz, P.C.

Think Outside the Jurisdiction: International Discovery is Obtainable with the Assistance of the Commercial Division

Farrell Fritz, P.C. on

Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as...more

Gray Reed

An Oil and Gas Receivership Ain’t Over ‘Til It’s Over

Gray Reed on

Remnant LLC v. Permico Royalties LLC, et al determined that a 90-year-old claim to ownership of a forfeited corporation was not valid. The players - Hoffman: By most accounts a scoundrel and con man who plied his...more

BakerHostetler

What the FTC’s New ‘Click-to-Cancel Rule’ Means for Your Business

BakerHostetler on

The Federal Trade Commission (FTC) finally released its long-awaited Negative Option Rule (the Final Rule), aka the “Click-to-Cancel Rule,” on October 16. The Final Rule was approved by a partisan vote of 3-2, with the two...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in France

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER FRENCH LAW - Under French law, companies are protected by several procedures to overcome financial difficulties. This legal protection aims to help...more

Bass, Berry & Sims PLC

DOD’s Office of Strategic Capital Announces First Notice of Funding Availability

Bass, Berry & Sims PLC on

On September 30, the Department of Defense’s (DOD) Office of Strategic Capital (OSC) announced a notice of funding availability (NOFA) of up to $984 million in loans aiming to support the financing of certain covered...more

Bradley Arant Boult Cummings LLP

Understanding FEMA & Local Resources in the Wake of Natural Disasters

Experiencing a natural disaster can be overwhelming and devastating. In these challenging times, understanding the available support and assistance can be crucial for your recovery. The Federal Emergency Management Agency...more

Perkins Coie

Recent District of Arizona Opinion Holds Two Non-Compete Agreements Are Unenforceable

Perkins Coie on

A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that...more

Foley Hoag LLP - Cannabis and the Law

Update: New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike

As an update to our previous blog post on the legal challenge filed by the U.S. Hemp Roundtable and other hemp operators to California’s new emergency hemp regulations, on October 11, 2024, the Superior Court of California...more

Holland & Knight LLP

Are You Tracking Your Packaging Data Yet?

Holland & Knight LLP on

Extended Producer Responsibility (EPR) laws represent a pivotal shift in environmental and sustainability compliance, placing the onus of end-of-life product management on Producers, the parties that produce the products...more

Hinshaw & Culbertson - Insights for Insurers

The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled Coverage for Climate-Related Claims is Barred...

On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence Briefing: Responsible Innovation and Increasing Regulations

This month, the NYDFS issued guidance on cybersecurity risks tied to AI for financial services firms, focusing on risks like AI-enabled attacks and third-party dependencies; California passed a law regulating AI in health...more

Cooley LLP

Freeze! Do You Have a ‘Good Arguable Case’?

Cooley LLP on

In dos Santos v. Unitel S.A., the Court of Appeal helpfully cut through some conflicting authorities and restated a key requirement that applicants must satisfy to be granted freezing injunctions....more

Bennett Jones LLP

Material Adverse Effects: Insights from the High Court of Justice

Bennett Jones LLP on

Uncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the...more

Wiley Rein LLP

DOD Launches Pilot Program for Sole Source Follow-on Awards to ESOPs

Wiley Rein LLP on

On October 10, 2024, the U.S. Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish a pilot program allowing for sole source follow-on contract...more

A&O Shearman

The planned modernization of German arbitration law brings a few specific improvements

A&O Shearman on

The plans to modernize German arbitration law have moved forward in the form of the government bill (Regierungsentwurf) submitted to the German Parliament (Bundestag) on October 9, 2024 (available here). The Bundestag is due...more

Troutman Pepper

Are the Bankruptcy and Insolvency Provisions in My Contract Enforceable? - Creditor’s Rights Toolkit

Troutman Pepper on

Parties often include bankruptcy and insolvency provisions in their agreements to protect themselves should the contract counterparty file for bankruptcy or take other insolvency-related steps. While many of these provisions...more

Thomas Fox - Compliance Evangelist

TD Bank: Part 5- The Reckoning

Today, I want to review the OCC Consent Order to see the bank’s requirements. This is separate from the DOJ requirements under the Bank’s Plea Agreement(s) and the FinCEN Consent. Further, the DOJ and OCC have mandated...more

The Volkov Law Group

TD Bank’s Rotten Corporate Culture — From its Store-Level Operations to its Board’s Audit Committee (Part IV of IV)

The Volkov Law Group on

TD Banks’ complete compliance disaster was reflected in every aspect of TD Bank’s business and compliance operations. It is not surprising that TD Bank’s deficient BSA and AML compliance program was known by its Board of...more

Purpose Legal

Navigating the Odyssey of AI-Powered Contract Management: Key Tools and Strategies for Legal Operations and Procurement

Purpose Legal on

With the breakneck pace that AI seems to be moving, if everything we’re reading about the technology holds true, the process of evaluating your contracts’ workflows while trying to stay afloat of current trends can certainly...more

Bennett Jones LLP

The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

Bennett Jones LLP on

In the unrelated companion cases of Aquino v Bondfield Construction Co, 2024 SCC 31 (Aquino) and Scott v Golden Oaks Enterprises Inc, 2024 SCC 32 (Golden Oaks), the Supreme Court of Canada (the SCC or the Court) applied the...more

Troutman Pepper

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

Troutman Pepper on

A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996: The Arbitration Bill in its New Form

We are keeping an eye on the progress of the reform of the English Arbitration Act 1996. The Arbitration Bill, first introduced in November 2023, was designed to update the Arbitration Act 1996 and reinforce England’s...more

Keller and Heckman LLP

September 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Allen Matkins

Is Failing To Hold A Formal Board Meeting A Breach of Contract?

Allen Matkins on

In yesterday's post, I discussed Tuli v. Specialty Surgical Center of Thousand Oaks, LLC, 2024 WL 4499271 (Oct. 16, 2024) and whether alleged personal animosity vitiated application of the business judgment rule to the...more

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