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General Business Conflict of Laws

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

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In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more

Farrell Fritz, P.C.

Capital Call Cancelled: A Fairness Defense to the Majority’s Mandatory Capital Call

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There is perhaps no provision in an LLC operating agreement more susceptible to abuse than one allowing those in control of the LLC to make mandatory capital calls. For one, that authority often comes with very few...more

DLA Piper

Trending in Transactions - Q2 2025

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President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission...more

Farrell Fritz, P.C.

Private Equity’s Plan B: Navigating the Exit Drought with Continuation Funds

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In a typical bull market, private equity sponsors exit out of portfolio assets through IPOs, strategic sales and sponsor-to-sponsor buyouts. But the 2025 deal market has proven to be neither typical nor robust....more

Latham & Watkins LLP

Eighth Circuit Vacates FTC Click-to-Cancel Rule Days Before Compliance Deadline

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Although the entire Rule has been vacated, businesses offering negative option programs should remain aware of general unfair and deceptive advertising principles and applicable state law requirements. KEY POINTS: On July...more

Alston & Bird

Getting the Band Back Together: DOJ and HHS Launch New False Claims Act Enforcement Working Group

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The Department of Health and Human Services and the Department of Justice have formed a False Claims Act (FCA) enforcement working group to target health care fraud. Our Health Care Litigation Group highlights what industry...more

Genova Burns LLC

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

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In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more

BCLP

Unpicking the Government’s Bill to Ban Upwards Only Rent Reviews

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The Government (through Deputy PM Angela Rayner) introduced the English Devolution and Community Empowerment Bill into the Commons on 10 July. Amongst other matters the Bill seeks to reignite a Labour policy last seen at the...more

McGuireWoods LLP

Florida Bolsters Enforceability of Certain Noncompete Agreements

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While states across the country, including Texas and Virginia, continue to enact laws that restrict or ban noncompete agreements, a new Florida law does the opposite. Effective July 1, 2025, the Contracts Honoring...more

Hogan Lovells

The EU Digital Operational Resilience Act (DORA): top 7 challenges for IT vendors

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The Digital Operational Resilience Act ("DORA") is the EU's latest legislative effort to enhance digital operational resilience across the financial sector through a harmonised set of rules for managing information and...more

Hogan Lovells

UK Real Estate: An end to upwards-only rent reviews?

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On 10 July 2025, the UK Government published its “English Devolution and Community Empowerment Bill”, saying it aimed to let local people “take the reins in driving growth”. But tucked away in a 338 page Bill dealing...more

Sheppard Mullin Richter & Hampton LLP

DOJ and HHS Announce Joint False Claims Act Working Group and Enforcement Priorities

On July 2, 2025, the Departments of Justice and Health & Human Services announced a joint working group aimed at “strengthening their ongoing collaboration to advance priority enforcement areas” under the False Claims Act...more

Bass, Berry & Sims PLC

Eighth Circuit Vacates FTC’s Click-to-Cancel Rule

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On July 8, the U.S. Court of Appeals for the Eighth Circuit issued a unanimous opinion in Custom Communications Inc. v. Federal Trade Commission that vacates the Federal Trade Commission’s (FTC) Rule Concerning Recurring...more

Sheppard Mullin Richter & Hampton LLP

Texas Enacts Massive Reforms to Healthcare Provider Non-Competes

Beginning September 1, 2025, Texas will significantly narrow the permissible scope of non-compete agreements with certain healthcare employees. The legislation, Senate Bill 1318 (“SB 1318” codified in Tex. Bus. Com. Code §...more

Sheppard Mullin Richter & Hampton LLP

(In)Authentic: The Importance of Due Diligence in the Art Market

As the art market grows in value and complexity, so too do the legal challenges surrounding authenticity. The Knoedler Gallery scandal revolved around the sale of approximately 40 Abstract Expressionist paintings that were...more

White & Case LLP

European Commission tables proposals to cut red tape for defence industry

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On 17 June 2025, the European Commission issued the Defence Readiness Omnibus, through which it proposes to amend key pieces of EU legislation to remove regulatory obstacles for the EU defence market. The initiative is part...more

A&O Shearman

Non-consensual releases in Boy Scouts chapter 11 plan survive despite Purdue Pharma ruling

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The Supreme Court’s landmark 2024 Purdue Pharma decision altered the landscape for bankruptcy releases and, in the process, put the resolutions of several other pending mass tort chapter 11 cases in question. A recent...more

Vorys, Sater, Seymour and Pease LLP

Public Utilities Commission of Ohio Authorizes Tariff for AEP Ohio’s Data Center Customers, Requires End of Moratorium on New...

The Public Utilities Commission of Ohio issued a decision on July 9, 2025 authorizing AEP Ohio to implement a new data center-specific tariff that will be applicable to many data center customers signing up for new or...more

Kelley Drye & Warren LLP

Ad Law News and Views - June 2025

In our most recent ​“Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut’s...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

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Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Proskauer Rose LLP

Three Point Shot - June 2025

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Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

King & Spalding

To Benefit or Not to Benefit: That is the Question for Plan Companies Post-Petrofac

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The Court of Appeal’s judgment in Petrofac provides a timely reminder that the primary purpose of the cross-class cram down power under Part 26A restructuring plans is to override the exercise of an unjustified veto by...more

Felicello Law PC

Congratulations On Your New Role: Here’s How to Protect Yourself Legally

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If you have recently obtained a new position in the C-Suite, you are aware that the new position brings prestige, authority, and opportunity. But you may not be aware that as an officer of a company, you have also increased...more

PilieroMazza PLLC

The CPAR Trap: What SLSCO Teaches Contractors About Challenging Performance Ratings

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Contractor Performance Assessment Reports (CPARs) are a critical currency in the world of government contracting—shaping future awards, past‐performance evaluations, and a contractor’s reputation. Positive assessments can...more

Wilson Sonsini Goodrich & Rosati

Consumer Protection in the UK: Update on Reforms Taking Effect in 2025 and 2026

Consumer protection in digital markets has become a major public concern in recent years, and the UK is the latest jurisdiction to introduce legislation aimed at enhancing protections online. The Digital Markets, Competition,...more

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