Author Info for BCLP

Siobhan Abraham

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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Kenneth Achenbach

California Requires Consumer Finance Providers to Register by February 15

The California Department of Financial Protection and Innovation (“DFPI”) announced new requirements pursuant to the California Consumer Financial Protection Law (“CCFPL”) for registration of certain consumer financial service…more

California, Consumer Financial Products, Debt Settlement Services, Department of Financial Protection and Innovation (DFPI), Earned Wage Access

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Constantin Achillas

Enforcement of Judgments Between France and England

Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure…more

Commercial Contracts, Commercial Litigation, Contract Disputes, Enforcement of Foreign Judgments, EU

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Andrew Adams

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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Chris Adams

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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Kenneth Addly

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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Lucinda Althauser

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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Jason Alvares

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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Amelia Alvarez

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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John Amberg

Understanding the Litigation Privilege

The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims…more

Absolute Privilege, Administrative Proceedings, Attorney-Client Privilege, Business Litigation, Defamation

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Dave Anderson

Personalities, Politics and Priorities - What’s New for M&A and EU Competition Law in 2025

It’s all change at the European Commission. Teresa Ribera has taken over the stewardship of DG COMP from Margrethe Vestager, alongside a wider brief including environmental and social policy that could conflict with…more

Acquisitions, Antitrust Provisions, Competition, Environmental Social & Governance (ESG), European Commission

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Jean-Claude André

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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Meridyth Andresen

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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Alan Appel

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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Saurish Appleby-Bhattacharjee

Immediate Action Item for All Employers: Responding to New Immigration Enforcement Activities

The new administration has hit the ground running on its promise to increase enforcement of U.S. immigration laws. Among the immigration-related executive orders signed in the first days of President Donald Trump’s second term…more

Department of Homeland Security (DHS), Deportation, Employer Liability Issues, Enforcement Priorities, Executive Orders

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Megan Applegarth

Settlement Showdown - Have You Really Settled Your Claim?

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

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

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Christopher Archibald

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

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Richard Arenburg

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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Leah Aschettino

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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Colin Ashford

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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Kevin Atkins

Low Carbon Hydrogen in the UK - a Universal Solution?

The scaling up of low carbon hydrogen technologies will be crucial for achieving the UK’s Net Zero target by 2050 and a sustainable energy future. Historically, hydrogen has been produced from fossil fuels and utilised across…more

Agricultural Sector, Carbon Emissions, Clean Energy, Energy Policy, Energy Sector

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Jasdeep Atwal

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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Christian Auty

Are Cookies Banners Crumbling?

As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what the…more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Cookie Banners

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Thomas Bacon

London Stock Exchange Discussion Paper - Shaping the Future of AIM

The ‘Jewel in the Crown’ of London’s markets, AIM has been a central feature of UK capital markets for the last 30 years providing growing companies with access to capital and liquidity…more

AIM, Capital Markets, Corporate Governance, Financial Conduct Authority (FCA), Initial Public Offering (IPO)

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Jennifer Badham

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

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Matthew Baker

AIFMD II Leverage Limits and Single Borrower Exposure Restriction

AIFMD II introduces substantial changes to the EU-wide regulatory framework for alternative investment fund managers (“AIFMs”) that was established under AIFMD. The changes cover a wide range of areas but will have a…more

Alternative Investment Fund Managers Directive (AIFMD), Borrowers, EU, European Securities and Markets Authority (ESMA), Fund Managers

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Ketrina Bakewell

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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Anna Ball

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process giving…more

Adjudicatory Process, Arbitration, Construction Contracts, Construction Industry, Construction Project

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Eugene Balshem

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

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Jeremy Bark

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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Karin Barkhorn

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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Megan Gajewski Barnhill

How Should Companies Update Risk Factors and MD&A During a Global Trade War?

As companies prepare to file Form 10-Qs, they should give special attention to risk factors in light of recently announced global tariffs. The situation is particularly challenging due to the fluid environment, including the…more

Corporate Counsel, Corporate Governance, Disclosure Requirements, Financial Reporting, Form 10-K

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Paul Barrs

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in these…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Philip Bartz

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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Morgan Bassett

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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Steven Becker

Confronting and Mitigating Against Corruption

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

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

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Simon Beddow

UK Corporate Briefing - April 2025

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

Acquisitions, Consultation, Corporate Governance, Corporate Transparency Act, Disability Discrimination

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Nicholas Bedo

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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Lauren Beeman

FinCEN Eases CTA Reporting Rules: U.S. Companies Get a Pass, Foreign Entities Get a Breather

As previewed by FinCEN and Treasury earlier this month, FinCEN announced major changes to the application of the Corporate Transparency Act. On Friday evening, FinCEN issued an interim final rule that will remove the requirement…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Filing Deadlines, FinCEN

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Michael Belling

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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Laurie Belony

Key Changes to New York Employment Law in 2024 and What to Expect in 2025

Every new year brings changes to the employment laws applicable to New York State and New York City employers. In this article, we review the key employment laws that went into effect in 2024 and highlight some of the new and…more

Background Checks, Contract Terms, Criminal Background Checks, Employee Rights, Employer Liability Issues

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Cathryn Benedict

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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John Bennett

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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Justin Benson

What Government Contractors Can Expect During the Second Trump Administration

The Trump Administration will most likely move quickly to align the federal government’s priorities with the President’s own. While the Administration has not detailed all of its plans for government contracting/procurement,…more

Buy American Act, Climate Change, Defense Sector, Department of Justice (DOJ), Department of Labor (DOL)

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Celia Berg

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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Suzanne Berger

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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Jennifer Berhorst

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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Jan Bervida

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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Rémi Beydon

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

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

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

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Varuna Bhattacharyya

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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John Bielema

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

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

Certiorari, Expert Witness, NVIDIA, Pleading Standards, PSLRA

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Marcus Birch

Building Safety Act: New TCC Case on Building Information Orders

Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so. Section 132 allows the court to make an information order to enable…more

Arbitration, Construction Contracts, Construction Defects, Construction Industry, Construction Litigation

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Benjamin Blacklock

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to…more

Appeals, Class Action, Consumer Privacy Rights, Data Privacy, Data Protection

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Liz Blackwell

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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Victoria Blanchard

Are You Ready for Martyn’s Law?

The Terrorism (Protection of Premises) Act received Royal Assent on 3 April 2025 and is expected to be implemented within the next 24 months. There will be no legal requirement to comply until the legislation comes into force,…more

Enforcement, Government Agencies, Hospitality Industry, New Guidance, New Legislation

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Anna Blest

Update: Digital Markets, Competition and Consumer Act - What can we expect from the CMA?

2025 has already been a busy year in UK consumer protection law. With the CMA having issued its annual plan for 2025 / 2026 on 27 March 2025 and its new enforcement powers under the Digital Markets, Competition and Consumer Act…more

Compliance Dates, Consumer Protection Laws, Enforcement Actions, Enforcement Guidance, Fake Reviews

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Paul Blin

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

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

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

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David Blondel

Energy Policies Revisited: Trump’s Executive Orders

In a flurry of activity, newly elected President Donald J. Trump issued a series of Executive Orders immediately after his inauguration on January 20, 2025. This article will discuss eight of these documents that directly relate…more

Climate Change, Energy Policy, Energy Sector, Executive Orders, Offshore Wind

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Deborah Boddy

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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Heather Boelens

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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Adam Bogdanor

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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Ben Bolderson

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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Ellen Bonacorsi

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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Nathan Boyce

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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Evan Boyle

Never Bad-Mouth Synergy: FTC and DOJ Withdraw Antitrust Guidelines for Collaborations Among Competitors

On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines)…more

Antitrust Division, Collaboration, Competition, Department of Justice (DOJ), Enforcement Guidance

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Elizabeth Bradley

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

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

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

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Mark Brailsford

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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Lisa Braxton

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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Mark Brennan

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

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Marion Brière Ségala

Private life and disciplinary dismissal

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

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

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Kate Brimsted

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

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

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

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Yana Britan Tanck

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

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

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

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W. Bard Brockman

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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Christian Bromley

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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Erin Brooks

Environmental Justice Revisited

Since January 20, 2025, the Trump Administration has implemented numerous changes to federal environmental justice (“EJ”) initiatives which are expected to result in reduced permitting and regulatory burdens. While the current…more

Clean Energy, Climate Change, Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Samuel Brown

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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Carolyn Browne

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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Didier Bruere-Dawson

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

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Chris Bryant

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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Jordan Buchheit

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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Julia Burgess

Commonhold 2.0: Commercial Takeaways from the Government’s White Paper

The UK Government’s Commonhold White Paper, published on 3 March 2025, commits to making commonhold the default tenure for flats in England and Wales…more

Commonhold, Community Associations, Condominiums, Mixed-Use Zoning, Property Managers

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George Burn

The Arbitration Act 2025: State of the Art or a Missed Opportunity?

The Arbitration Act 2025 has become law in England, Wales and Northern Ireland. The new Act is largely based on the recommendations made in the Law Commission’s Final Report, published following a public consultation seeking…more

Arbitration, Arbitration Agreements, Artificial Intelligence, Corruption, Dispute Resolution

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Daniel Burnand

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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Sam Burstall

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

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Till Buschmann

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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Lauren Caisman

U.S. Biometric Laws & Pending Legislation Tracker - March 2025

The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for claimed…more

Biometric Information, Biometric Information Privacy Act, Class Action, Consumer Privacy Rights, Corporate Counsel

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Pamela Carroll Calvet

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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Rebecca Campbell

Are You Ready for Martyn’s Law?

The Terrorism (Protection of Premises) Act received Royal Assent on 3 April 2025 and is expected to be implemented within the next 24 months. There will be no legal requirement to comply until the legislation comes into force,…more

Enforcement, Government Agencies, Hospitality Industry, New Guidance, New Legislation

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Michael Carey

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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Daria Carlson

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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Richard Cassetta

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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Brittainy Cavender

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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Jason Chamberlain

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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Anton Chambers

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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David Chambers

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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Hilary Chan

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

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

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

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Jeffrey Chavkin

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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Mukul Chawla QC

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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Sunita Chawla

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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George Chen

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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Ian Cheng

HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award

In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge to…more

Arbitration, Arbitration Agreements, Contract Terms, Dispute Resolution, Foreign Arbitral Awards

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Koe Cheng

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

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

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

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Kevin Cheung

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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George Christodoulides

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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J. Bennett Clark

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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Victoria Clark

The Arbitration Act 2025: State of the Art or a Missed Opportunity?

The Arbitration Act 2025 has become law in England, Wales and Northern Ireland. The new Act is largely based on the recommendations made in the Law Commission’s Final Report, published following a public consultation seeking…more

Arbitration, Arbitration Agreements, Artificial Intelligence, Corruption, Dispute Resolution

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James Clarke

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —…more

Construction Contracts, Construction Industry, Construction Litigation, Contract Disputes, Dispute Resolution

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Tim Cline

The Data Center Power Crunch: How Businesses and Governments Are Addressing Energy Demands

The world’s insatiable demand for digital infrastructure is running headlong into an increasingly pressing problem: energy supply. The rapid expansion of data centers, fueled by artificial intelligence (AI), cloud computing, and…more

Artificial Intelligence, Climate Change, Data Centers, Energy Sector, Infrastructure

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Roger Cohen

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

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

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

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William Cole

How Should Companies Update Risk Factors and MD&A During a Global Trade War?

As companies prepare to file Form 10-Qs, they should give special attention to risk factors in light of recently announced global tariffs. The situation is particularly challenging due to the fluid environment, including the…more

Corporate Counsel, Corporate Governance, Disclosure Requirements, Financial Reporting, Form 10-K

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James Colgate

New York City Council Adopts Significant Zoning Changes Under City of Yes for Housing Opportunity

New York City’s zoning regulations have undergone sweeping changes with a tripartite initiative known as City of Yes. City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity were approved in late 2023 and…more

Affordable Housing, Commercial Property Owners, Conversion Requirements, Housing Developers, Local Ordinance

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Jonathan Cooper

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

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

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

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Katherine Cooper

UK and US Cryptoasset Regulation - What direction next?

At present, Cryptoassets are largely unregulated in the UK. However, the growth of crypto cannot be ignored and many argue that regulators need to take action to ensure adequate consumer protections are in place and to preserve…more

AML/CFT, Cryptoassets, Digital Assets, Financial Conduct Authority (FCA), Financial Regulatory Reform

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Bradley Copeland

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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Rhys Corbett

Recent Updates to the FCA’s and PRA’s “To Do” List - An Action Plan for Growth, Simplification, and Reform

We love a “to do” list! So, following a flurry of announcements from the FCA and publication of the Treasury’s Action Plan aimed at overhauling the current regulatory landscape, what is on the financial regulators’ “to do” list…more

Bank of England, Financial Conduct Authority (FCA), Financial Regulatory Reform, HM Treasury, Payment Systems Regulator (PSR)

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Emma Cormier

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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Abigail Cotton

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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Edward Coulson

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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Siân Cowan

The PRA’s and FCA’s Proposals to Reduce Restrictions on Banking Bonuses

Yesterday the PRA and FCA published PRA consultation paper 16/24 / FCA consultation paper 24/23 – Remuneration reform, containing proposals for significant changes to the remuneration regime. The UK’s current remuneration…more

Consultation, Financial Conduct Authority (FCA), Global Systemically Important Financial Institutions (GSIFI), Prudential Regulation Authority (PRA), Regulatory Reform

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Jacob Crabtree

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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Robert Crea

SEC Staff Issues Welcome Guidance on Extracted Performance and Portfolio Characteristics Under the Marketing Rule

On March 19, 2025, the staff of the U.S. Securities and Exchange Commission (the “SEC”) updated its Frequently Asked Questions (“FAQ”) pertaining to Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940,…more

Disclosure Requirements, Financial Services Industry, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Frank Crisafi

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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Andrew Cromb

Autumn Budget 2024 - Carried Interest: A New Regime Incoming

Yesterday, the Government announced that the CGT rates for carried interest arising on or after 6 April 2025 will increase to 32%, in line with the 4% increase to the higher rate of CGT which took effect immediately. That is…more

Autumn Statement, Budgets, Carried Interest, Consultation, Income Taxes

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Lindsay Cross

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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Daniel Crowe

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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Jennifer Csik Hutchens

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

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

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

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Matthew Cudrin

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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Paul Culliford

Personalities, Politics and Priorities - What’s New for M&A and EU Competition Law in 2025

It’s all change at the European Commission. Teresa Ribera has taken over the stewardship of DG COMP from Margrethe Vestager, alongside a wider brief including environmental and social policy that could conflict with…more

Acquisitions, Antitrust Provisions, Competition, Environmental Social & Governance (ESG), European Commission

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Scott Cummings

Patent Office Withdraws Previous Discretionary Denial Guidance for Post-Grant Proceedings

On Friday afternoon, February 28, 2025, the United States Patent and Trademark Office (USPTO) issued a brief “bulletin” rescinding a memorandum issued by the former Director Kathy Vidal (“Vidal Memo”) providing guidance on what…more

Administrative Procedure, Appeals, Government Agencies, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Carly Curtis

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court…more

Construction Disputes, Construction Industry, Construction Litigation, Construction Project, Preliminary Injunctions

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William Custer

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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Matthew D'Amico

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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Matthew Daffurn

CCUS 2024 Conference: Points to Note

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

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

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Colin Dailey

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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Mike Danielewsky

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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Adam Dann

Autumn Budget 2024: Key Takeaways for the UK’s Energy Sector - Part Two

On October 30 2024, the Labour government delivered their first Budget since 2010. The Budget introduced some key changes for the energy industry, including the Energy Profits Levy and Relief for payments made into a Carbon…more

Autumn Statement, Carbon Capture and Sequestration, Consultation, Corporate Taxes, Electricity

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Jonathan Danziger

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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Christine Daric

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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Marieke Datema

Update: Digital Markets, Competition and Consumer Act - What can we expect from the CMA?

2025 has already been a busy year in UK consumer protection law. With the CMA having issued its annual plan for 2025 / 2026 on 27 March 2025 and its new enforcement powers under the Digital Markets, Competition and Consumer Act…more

Compliance Dates, Consumer Protection Laws, Enforcement Actions, Enforcement Guidance, Fake Reviews

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Megan Davies

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

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

Damages, Forfeiture, Landlords, Leaseholds, Minerals

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Richard Davies

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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Ryan Davis

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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Deanna Davise Gorges

State Specific Requirements for Wind and Solar Project Land Contracts - March 2025

Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of…more

Clean Energy, Commercial Leases, Critical Infrastructure Sectors, Easements, Energy Policy

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Amy de La Lama

Are Cookies Banners Crumbling?

As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what the…more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Cookie Banners

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Chris De Pury

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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Philip de Vries

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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Mark Deiermann

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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Jean-Pierre Delvigne

Green Hydrogen: Opening of the Tendering Procedure for Financial Aid

The hydrogen industry is starting 2025 on a brighter note after what has been described by the industry as a “blank year”. Since 2021, France has planned to give a financial aid to selected producers of renewable and…more

Carbon Emissions, Clean Energy, Climate Change, Energy Projects, Energy Sector

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Hannah Demand

2024 CFTC Enforcement: Agency Celebrates Record Monetary Relief

On December 4, 2024, the Commodity Futures Trading Commission (“CFTC”) released its enforcement results for Fiscal Year 2024 (“FY 2024”), showcasing record awards of monetary relief totaling more than $17.2 billion…more

CFTC, Civil Monetary Penalty, Compliance, Digital Assets, Enforcement Actions

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Jennifer Dempsey

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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Patrick DePoy

The Wait Is Over: DOL Increase to Salary Threshold Thrown Out, Nationwide

After months of speculation, the District Court for the Eastern District of Texas issued an order invalidating the U.S. Department of Labor’s (“DOL”) rule increasing the minimum salary threshold that must be paid to certain…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Emily Dickson

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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Max Dixon

AI Surveillance and Data Privacy at the Games

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

Algorithms, Artificial Intelligence, Cameras, CNIL, Data Privacy

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Anna Donald

PFAS in Consumer Products: State-by-state Regulations - Updated March 2025

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products…more

Consumer Product Companies, Distributors, Manufacturers, New Legislation, PFAS

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Paul Donohue

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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Christian Drage

Tall Building Trends in London

Tall buildings have hugely contributed to London’s sense of place and rightful place as a world-leading financial centre. They have made a defined impact on the London skyline particularly in the period between 2000-2019 when…more

Commercial Real Estate Market, Construction Industry, Housing Market, Office Space, Real Estate Development

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Christopher Dueringer

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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Léa Duly

Enforcement of Judgments Between France and England

Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure…more

Commercial Contracts, Commercial Litigation, Contract Disputes, Enforcement of Foreign Judgments, EU

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Shanan Dunstan

New Perspectives: Legal Assignments in Asset-based Lending

The City of London Law Society Financial Law Committee (FLC) has issued a note to guide parties and their legal advisors on executing legal assignments under section 136 of the Law of Property Act 1925 (LPA 1925) in view of…more

Asset-Based Lending, Assignments, Contract Terms, Financial Institutions, Financial Services Industry

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Richard Dupay

Confronting and Mitigating Against Corruption

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

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

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Victoria Duxbury

Commonhold 2.0: Commercial Takeaways from the Government’s White Paper

The UK Government’s Commonhold White Paper, published on 3 March 2025, commits to making commonhold the default tenure for flats in England and Wales…more

Commonhold, Community Associations, Condominiums, Mixed-Use Zoning, Property Managers

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William Easley

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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Clare Eccles

Planning and Infrastructure Bill - NSIP Changes

The infrastructure measures in the Planning and Infrastructure Bill introduce amendments, principally to the Planning Act 2008, that aim to make the NSIP regime faster and more flexible to support the Government’s major…more

Appeals, Consultation, Critical Infrastructure Sectors, Government Agencies, Infrastructure

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Adam Eckersley-Waites

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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Allison Eckstrom

New York Prioritizes Retail Worker Safety

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

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

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Chizoba Edozie

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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Jessica Edwards

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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James Emanuel Jr.

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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Robert Endicott

How Should Companies Update Risk Factors and MD&A During a Global Trade War?

As companies prepare to file Form 10-Qs, they should give special attention to risk factors in light of recently announced global tariffs. The situation is particularly challenging due to the fluid environment, including the…more

Corporate Counsel, Corporate Governance, Disclosure Requirements, Financial Reporting, Form 10-K

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Denise Pino Erwin

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

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

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

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Janine Eschenauer

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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Stephen Evans

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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Nnaemeka Ezeh

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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Frank Fabiani

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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India Fahy

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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James Fairburn

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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Nora Faris

EPA Guidance on PFAS in Biosolids - Update

The United States Environmental Protection Agency (“EPA”) has extended the public comment period for the Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) (“Draft Risk…more

Biosolids, Contamination, Environmental Protection Agency (EPA), Groundwater, Hazardous Substances

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Nili Farzan

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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Brian Feezel

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

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

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

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Daniel Finch

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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Sophie Finel

Private life and disciplinary dismissal

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

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

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Richard Finneran

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

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

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

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Marilyn Fish

New Executive Orders Target DEI and Federal Contractor Affirmative Action Obligations

The change in presidential administration has had an immediate impact on the diversity, equity, and inclusion (“DEI”) space, with President Donald Trump issuing several new executive orders regarding DEI and federal contractors’…more

Affirmative Action, Department of Labor (DOL), Diversity, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Christopher Fisher

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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Ethan Fitzpatrick

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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Cassandra Fleming

Briefcase 2024 Quarter 4: Key Real Estate Cases and Updates

Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the…more

Building Codes, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Renewal

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Yorkie Fong

Recovering Adjudicators' Fees and Interest: Recent Guidance

In this Insight, first published in PLC, Yorkie Fong considers the decision in A&V Building Solution Ltd v J&B Hopkins Ltd [2024] EWHC 2295 (TCC), which clarified the binding nature of an adjudicator's decision on their fees and…more

Bank of England, Breach of Contract, Construction Contracts, Construction Industry, Contract Terms

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Lauren Ford

SEC Staff Issues Welcome Guidance on Extracted Performance and Portfolio Characteristics Under the Marketing Rule

On March 19, 2025, the staff of the U.S. Securities and Exchange Commission (the “SEC”) updated its Frequently Asked Questions (“FAQ”) pertaining to Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940,…more

Disclosure Requirements, Financial Services Industry, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Claire Fougea

Private life and disciplinary dismissal

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

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

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Ilan Freiman

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —…more

Construction Contracts, Construction Industry, Construction Litigation, Contract Disputes, Dispute Resolution

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Anne Friedman

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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Karen Fries

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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Pierre-Emmanuel Froge

Mobile Apps: What Does the CNIL Recommend From a Privacy Perspective?

While mobile apps have become one of the major means of access to digital services, their ubiquity is accompanied by significant risks to users' privacy, due to the massive amount of personal data they collect and process…more

CNIL, Consent, Data Collection, Data Controller, Data Privacy

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Kristin Frohne

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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Vivica Fu

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —…more

Construction Contracts, Construction Industry, Construction Litigation, Contract Disputes, Dispute Resolution

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Asen Ivanov Gadzhanov

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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Sandra Gaidies

“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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Christopher Paul Galanek

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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Matias Gallego-Manzano

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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Judith Gallent

New York City Council Adopts Significant Zoning Changes Under City of Yes for Housing Opportunity

New York City’s zoning regulations have undergone sweeping changes with a tripartite initiative known as City of Yes. City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity were approved in late 2023 and…more

Affordable Housing, Commercial Property Owners, Conversion Requirements, Housing Developers, Local Ordinance

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Thomas Gamma, Jr.

Recent SEC Enforcement Action Integrating Affiliated Advisers

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

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

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Edward Gardner

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

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

Damages, Forfeiture, Landlords, Leaseholds, Minerals

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Samual Garner

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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Summer Garrison

State Specific Requirements for Wind and Solar Project Land Contracts - March 2025

Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of…more

Clean Energy, Commercial Leases, Critical Infrastructure Sectors, Easements, Energy Policy

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Oran Gelb

Our Top 5 Banking Litigation Cases From 2024 - Looking Back to Look Forward

2024 was a busy year for the Courts in England and Wales when it came to banking and wider financial services disputes. We were spoilt for choice when selecting our top 5 cases and, inevitably, have left out some significant…more

Automotive Loans, Banking Sector, Banks, Consumer Financial Products, Economic Sanctions

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L. Anthony George

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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Mica Germain

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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Christopher Girouard

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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Timothy Glasgow

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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Wanjing Goh

Confronting and Mitigating Against Corruption

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

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

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Victoria Goldson

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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Jennifer Goltermann

Immediate Action Item for All Employers: Responding to New Immigration Enforcement Activities

The new administration has hit the ground running on its promise to increase enforcement of U.S. immigration laws. Among the immigration-related executive orders signed in the first days of President Donald Trump’s second term…more

Department of Homeland Security (DHS), Deportation, Employer Liability Issues, Enforcement Priorities, Executive Orders

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James Good

Tall Building Trends in London

Tall buildings have hugely contributed to London’s sense of place and rightful place as a world-leading financial centre. They have made a defined impact on the London skyline particularly in the period between 2000-2019 when…more

Commercial Real Estate Market, Construction Industry, Housing Market, Office Space, Real Estate Development

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Katie Goodfellow

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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Mckenna Gossrau

Action Items as a Result of HIPAA Privacy Rule Modifications

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

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

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Shelley Goto

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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Maryne Gouhier

Green Hydrogen: Opening of the Tendering Procedure for Financial Aid

The hydrogen industry is starting 2025 on a brighter note after what has been described by the industry as a “blank year”. Since 2021, France has planned to give a financial aid to selected producers of renewable and…more

Carbon Emissions, Clean Energy, Climate Change, Energy Projects, Energy Sector

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Macin Graber

Missouri Proposition A: The Race to May 1st

The Missouri Supreme Court is expected to rule on a legal challenge to Proposition A before employees begin accruing paid leave under the law on May 1, 2025. Meanwhile, the Missouri House of Representatives passed legislation…more

Employment Litigation, Employment Policies, Minimum Wage, MO Supreme Court, Paid Leave

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Paul Grace

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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Jules Grasso

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

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

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

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Ollie Greaves

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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Jemma Green

Unlawful Deductions Backstop, Religious Belief Dismissals, Plus a News Round-up: UK HR Two Minute Monthly - February 2025

Our employment law update for February sees new cases on the two-year backstop on compensation in unlawful deductions cases and a Court of Appeal decision on religious belief discrimination relating to social media posts. We…more

Employee Rights, Employment Discrimination, Employment Litigation, Employment Policies, Religious Discrimination

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Janessa Griffin

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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Dale Guariglia

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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Katherine Guermacheva

Understanding the Litigation Privilege

The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims…more

Absolute Privilege, Administrative Proceedings, Attorney-Client Privilege, Business Litigation, Defamation

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Alexander Hadrill

Proposed Planning Policy for Wind and Solar Farms

Consultation closed at the end of September on proposals to align national planning policy with the Government’s aspiration for Britain’s future as a ‘Clean Energy Superpower’ by 2030. Government has committed to respond before…more

Clean Energy, Climate Change, Consultation, Critical Infrastructure Sectors, Energy Projects

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Flora Haidar

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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Sonja Hainsworth

Part 4, Procurement Act 2023: Implied Terms, Contract Performance and Transparency

An Insight, first published in PLC, on Part 4 of the Procurement Act 2023, in particular the new contract management requirements for public contracts and the increased focus on supplier performance and…more

Construction Disputes, Contract Management, Contract Modification, Contract Terms, Key Performance Indicators (KPIs)

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Jason Haislmaier

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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Glenn Haley

AI in International Arbitration: CIARB Guideline on the Use of AI in Arbitration (2025)

Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a…more

Algorithms, Arbitration, Arbitration Agreements, Artificial Intelligence, Dispute Resolution

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Thomas Haller

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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Laith Hamdan

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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Peter Hansen

Energy Policies Revisited: Trump’s Executive Orders

In a flurry of activity, newly elected President Donald J. Trump issued a series of Executive Orders immediately after his inauguration on January 20, 2025. This article will discuss eight of these documents that directly relate…more

Climate Change, Energy Policy, Energy Sector, Executive Orders, Offshore Wind

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Timothy Hanson

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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Nick Harding

COP29: What Can We Expect?

The 29th Conference of the Parties (“COP29”) of the UN Framework Convention on Climate Change (“UNFCC”) is set to take place in Baku, Azerbaijan, from 11 to 22 November 2024. This is the first in a series of posts BCLP’s…more

Carbon Pricing, Climate Change, Environmental Policies, Greenhouse Gas Emissions, Paris Agreement

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Rebecca Harding-Hill

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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David Harford

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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Emilee Hargis

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking…more

Antitrust Division, Antitrust Provisions, Artificial Intelligence, Competition, Corporate Governance

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Mollie Harmon Moylan

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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Reginald Harris

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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Andrew Hart

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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Sarah Hartley

Litigation Trends for 2025: What Will This Year Hold for Business and Commercial Disputes?

We explore the trends for Business and Commercial Disputes in the UK, US and France/EU in 2025. Here's what you should know..…more

Business Disputes, Class Action, Contract Disputes, Corporate Governance, Corporate Misconduct

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Caitlin Hartsell

FinCEN Eases CTA Reporting Rules: U.S. Companies Get a Pass, Foreign Entities Get a Breather

As previewed by FinCEN and Treasury earlier this month, FinCEN announced major changes to the application of the Corporate Transparency Act. On Friday evening, FinCEN issued an interim final rule that will remove the requirement…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Filing Deadlines, FinCEN

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Gabrielle Harwell

Are Cookies Banners Crumbling?

As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what the…more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Cookie Banners

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Aimie Harwood

What’s New in the Updated NPPF?

On 12 December 2024, the updated NPPF consulted on over the summer, came into immediate effect. The pro-development changes aim to increase housing delivery, support development generally and in particular key growth sectors…more

Climate Change, Commercial Property Owners, Economic Development, Housing Market, Infrastructure

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Timothy Hasken

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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Tessa Hastie

London Stock Exchange Discussion Paper - Shaping the Future of AIM

The ‘Jewel in the Crown’ of London’s markets, AIM has been a central feature of UK capital markets for the last 30 years providing growing companies with access to capital and liquidity…more

AIM, Capital Markets, Corporate Governance, Financial Conduct Authority (FCA), Initial Public Offering (IPO)

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Lucy Hawley

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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J. Kevin Healy

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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Tim Hellier

Brownfield Passports: A New Tool to Boost Brownfield Development?

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

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

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Kenneth Henderson

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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Georgia Henderson-Cleland

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to…more

Appeals, Class Action, Consumer Privacy Rights, Data Privacy, Data Protection

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Amelda Henning

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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Joshua Hess

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from producing…more

Abuse of Discretion, Attorney-Client Privilege, Corporate Counsel, Corporate Governance, Corporate Misconduct

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Shea Hicks

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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Alexandra Hildyard

Update: Digital Markets, Competition and Consumer Act - What can we expect from the CMA?

2025 has already been a busy year in UK consumer protection law. With the CMA having issued its annual plan for 2025 / 2026 on 27 March 2025 and its new enforcement powers under the Digital Markets, Competition and Consumer Act…more

Compliance Dates, Consumer Protection Laws, Enforcement Actions, Enforcement Guidance, Fake Reviews

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Kyle Hirsch

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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Katy Ho

Hong Kong Security of Payment Ordinance passed; goes into operation on 28 August 2025

The second and third reading of the Construction Industry Security of Payment Bill concluded at the Legislative Council on 18 December 2024…more

Construction Industry, Effective Date, Enforcement, Facilitation Payments, Hong Kong

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Andrew Hockley

New Year, New UK Merger Control Thresholds – Key Aspects of the DMCC Go Live

Key competition law and digital markets aspects of the UK Digital Markets, Competition and Consumers Act 2024 (“DMCC”), enforced by the UK Competition and Markets Authority (“CMA”), came into force on 1 January 2025. You can…more

Antitrust Investigations, Competition, Digital Marketplace, Digital Markets Strategy, Enforcement Authority

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Robert Hoffman

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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Michael Hofmann

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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Samuel Hofmeier

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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Sarah Holdmeyer

AI in the Workplace: Using Artificial Intelligence Intelligently

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

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

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William Holland

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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Castles Hollis

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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David Holmberg

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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Lana Hompluem Lane

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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Kevin Hooper

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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Jessica Hopewell

Briefcase 2024 Quarter 4: Key Real Estate Cases and Updates

Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the…more

Building Codes, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Renewal

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Stephanie Hosler

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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Talia Housik

State Specific Requirements for Wind and Solar Project Land Contracts - March 2025

Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of…more

Clean Energy, Commercial Leases, Critical Infrastructure Sectors, Easements, Energy Policy

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Emma Howdle-Fuller

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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Thea Hromadka

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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Derek Hrydziuszko

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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Linda Hsu

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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Nadia Hubbuck

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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Aileen Hunter

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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Olivia Hunter

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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Kate Ison

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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Isabella Issa

Class Representatives in the United States

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

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

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Jennifer Jackson

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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Shy Jackson

Payment Notices Under the Construction Act 1996, a Welcome Clarification

In Placefirst Construction Ltd v Car Construction (North East) Ltd [2025] EWHC 100 (TCC), the Technology and Construction Court has shed welcome light on the payment notice requirements of the Housing Grants, Construction and…more

Breach of Contract, Construction Contracts, Construction Disputes, Construction Litigation, Contract Disputes

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Abigail James

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

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

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

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Polly James

Recent Updates to the FCA’s and PRA’s “To Do” List - An Action Plan for Growth, Simplification, and Reform

We love a “to do” list! So, following a flurry of announcements from the FCA and publication of the Treasury’s Action Plan aimed at overhauling the current regulatory landscape, what is on the financial regulators’ “to do” list…more

Bank of England, Financial Conduct Authority (FCA), Financial Regulatory Reform, HM Treasury, Payment Systems Regulator (PSR)

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Kate Jeffery

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

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

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

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Richard Jennings

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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Matthew Jessee

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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Avneet Johl

California Amends Its Sweeping Venture Capital Demographic Reporting Rule

Last year, as we previously reported, California Governor Newsom signed into law Senate Bill 54, Fair Investment Practices by Investment Advisers, which requires “covered entities,” defined as a “venture capital company” that…more

Compliance, Corporate Governance, Covered Entities, Data Collection, Department of Financial Protection and Innovation (DFPI)

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Blair Johnson

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

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

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

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Patrick Johnson

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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Kelly Jones

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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Merrit Jones

New Mexico Bans Certain PFAS in Consumer Products

On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories beginning…more

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

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Theodore Jones

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

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

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

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Justin Jorgensen

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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Katharina Jungclaussen

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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Jeffrey Kalinowski

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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Philip Karmel

EPA Announces New National Enforcement Policies

On March 12, 2025, EPA’s Office of Enforcement and Compliance Assurance (“OECA”) issued a memo outlining new national enforcement and compliance initiatives (“NECIs”). …more

Climate Change, Coal, Coal Industry, Energy Sector, Enforcement Priorities

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Janany Kathirgamanathan

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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Zeke Katz

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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Evan Kaufman

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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Mark Kaye

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

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

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

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Todd Kaye

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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Keith Kehrer

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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Erin Kelly

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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Helen Kemp

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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Kristen Kennedy

TCPA Update: The FCC Delays Portions of Revocation of Consent Rules by One Year

On April 7, 2025, the Federal Communications Commission (“FCC”) announced that it would delay portions of a significant new rule pertaining to the revocation of consumer consent under the Telephone Consumer Protection Act…more

Compliance Dates, Consent, FCC, Final Rules, Regulatory Requirements

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Sharon Kennedy

Enforcement of Judgments Between France and England

Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure…more

Commercial Contracts, Commercial Litigation, Contract Disputes, Enforcement of Foreign Judgments, EU

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Thor Ketzback

PFAS Air Emissions Restrictions

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory agencies…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Bryan Keyt

EPA Announces New National Enforcement Policies

On March 12, 2025, EPA’s Office of Enforcement and Compliance Assurance (“OECA”) issued a memo outlining new national enforcement and compliance initiatives (“NECIs”). …more

Climate Change, Coal, Coal Industry, Energy Sector, Enforcement Priorities

See all updates »

Roman Khodykin

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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Allison Jisu Kim

California Turns to the Use of AI in Healthcare

In another example of the patchwork of AI laws quietly coming into force across the US, California passed at the beginning of this year a new law regulating the use of certain AI technologies by some types of healthcare…more

Artificial Intelligence, Data Privacy, Data Protection, Disclosure Requirements, Health Care Providers

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John Kindschuh

PFAS Air Emissions Restrictions

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory agencies…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Lauren King

The High Street is Feeling the Love… Or Is It?

It’s “Love your High Street Week”! So, what better way to start the week than to consider two significant legal reforms announced by the government last week, that are intended to boost and revitalise the High Street..…more

Auction, Commercial Leases, Commercial Property Owners, Commercial Tenants, Energy Efficiency

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Alexandra Kirby

Litigation Trends for 2025: What Will This Year Hold for Business and Commercial Disputes?

We explore the trends for Business and Commercial Disputes in the UK, US and France/EU in 2025. Here's what you should know..…more

Business Disputes, Class Action, Contract Disputes, Corporate Governance, Corporate Misconduct

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Ofir Klein

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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Elaine Drodge Koch

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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Martha Kohlstrand

TCPA Update: The FCC Delays Portions of Revocation of Consent Rules by One Year

On April 7, 2025, the Federal Communications Commission (“FCC”) announced that it would delay portions of a significant new rule pertaining to the revocation of consumer consent under the Telephone Consumer Protection Act…more

Compliance Dates, Consent, FCC, Final Rules, Regulatory Requirements

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Annalisa Kolb

TCPA Update: The FCC Delays Portions of Revocation of Consent Rules by One Year

On April 7, 2025, the Federal Communications Commission (“FCC”) announced that it would delay portions of a significant new rule pertaining to the revocation of consumer consent under the Telephone Consumer Protection Act…more

Compliance Dates, Consent, FCC, Final Rules, Regulatory Requirements

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Stanton Koppel

Pause for Effect: Current Corporate Transparency Act Deadlines will not be Enforced

Although the Corporate Transparency Act (the “CTA”) remains in full force and effect and, along with it, a requirement for most reporting companies to file their beneficial ownership information reports, the previously announced…more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, Filing Deadlines, FinCEN

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Katie Kozlowska

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court…more

Construction Disputes, Construction Industry, Construction Litigation, Construction Project, Preliminary Injunctions

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Lily Kurland

New Executive Orders Target DEI and Federal Contractor Affirmative Action Obligations

The change in presidential administration has had an immediate impact on the diversity, equity, and inclusion (“DEI”) space, with President Donald Trump issuing several new executive orders regarding DEI and federal contractors’…more

Affirmative Action, Department of Labor (DOL), Diversity, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Callie Kutasi

2024 CFTC Enforcement: Agency Celebrates Record Monetary Relief

On December 4, 2024, the Commodity Futures Trading Commission (“CFTC”) released its enforcement results for Fiscal Year 2024 (“FY 2024”), showcasing record awards of monetary relief totaling more than $17.2 billion…more

CFTC, Civil Monetary Penalty, Compliance, Digital Assets, Enforcement Actions

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Adam Lambert

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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Aaron Lang

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

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

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

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Luke Lantta

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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Aaron Lapniewski

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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Chris LaRocco

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

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

Certiorari, Expert Witness, NVIDIA, Pleading Standards, PSLRA

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Johnny Latzak Jr.

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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Kevan Laurent

Unauthorised Transactions: Exclusive Application of the PSP Liability Regime

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

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

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Claire Lavarde

Vendor Due Diligence and Criminal Liability of the Acquiring Company

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

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

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Emma Lawley

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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Mark Leadlove

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

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

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

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Benjamin Lee

UK Corporate Briefing - April 2025

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

Acquisitions, Consultation, Corporate Governance, Corporate Transparency Act, Disability Discrimination

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Liam Lee

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court…more

Construction Disputes, Construction Industry, Construction Litigation, Construction Project, Preliminary Injunctions

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Thomas Lee

PFAS Air Emissions Restrictions

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory agencies…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Andrew Leitch

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

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

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

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Anthony Lennox

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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Sam Levy

Planning and Infrastructure Bill - The Next Step on the Road to Planning Reform

The much trailed Planning and Infrastructure Bill introduced to Parliament on 11 March covers wide ranging changes to the conventional planning process, CPO, development corporations and infrastructure planning…more

Affordable Housing, Environmental Policies, Housing Developers, Infrastructure, New Legislation

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Louisa Lierz

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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Charles Lilley

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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Madeleine Lofchy

COP29: What Can We Expect?

The 29th Conference of the Parties (“COP29”) of the UN Framework Convention on Climate Change (“UNFCC”) is set to take place in Baku, Azerbaijan, from 11 to 22 November 2024. This is the first in a series of posts BCLP’s…more

Carbon Pricing, Climate Change, Environmental Policies, Greenhouse Gas Emissions, Paris Agreement

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Rebecca Loko

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

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

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

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Christian Lonquich

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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Helen Looney

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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Janet Lou

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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Kathryn Elliott Love

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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Damien Luqué

AIFMD II Leverage Limits and Single Borrower Exposure Restriction

AIFMD II introduces substantial changes to the EU-wide regulatory framework for alternative investment fund managers (“AIFMs”) that was established under AIFMD. The changes cover a wide range of areas but will have a…more

Alternative Investment Fund Managers Directive (AIFMD), Borrowers, EU, European Securities and Markets Authority (ESMA), Fund Managers

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Robert John Lystad

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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Kurt Ma

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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Veronica Ma

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

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

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

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Andrew MacGeoch

Reimagining Hong Kong's Tourism Landscape

As we step into the new year, the Hong Kong Government unveiled its ambitious 132-page Development Blueprint for Hong Kong's Tourism Industry 2.0. This comprehensive plan aims to overcome the current challenges posed by economic…more

China, Economic Growth, Events, Hong Kong, Infrastructure

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Meryl Macklin

Reporting Companies May Face a Last-minute Scramble to Comply With the Corporate Transparency Act Due to Accelerated Appellate Timeline Related to the Preliminary Injunction

As the government and interested parties continue to fight over the enforcement of the Corporate Transparency Act’s reporting requirements, prudent businesses and reporting companies should be prepared to comply with all…more

Appeals, Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Governance

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Darci Madden

FCC’s New 1:1 Consent Rule Spells Trouble in 2025

On January 27, 2025, the new Federal Communications Commission (“FCC”) rule requiring telemarketers to obtain one-to-one consent for robocalls/texts is scheduled to go into effect. Expanding on the Telephone Consumer Protection…more

Compliance, Consent, Consumer Protection Laws, Effective Date, Enforcement Actions

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Goli Mahdavi

Are Cookies Banners Crumbling?

As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what the…more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Cookie Banners

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Jennifer Kies Mammen

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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Renato Mariotti

CFTC’s Updated Large Trader Report Rule Leaves Important Questions Unanswered

Last week, the CFTC updated its large trader position reporting rules for futures and options. First proposed in June 2023, this much-needed change modernizes a rule that had gone largely unchanged since the 1980s…more

CFTC, Commodities Traders, Data Management, Due Process, Futures

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Tyler Mark

SEC Reinstates Shareholder Proposal Guidance Rescinded Under Chairman Gensler

In one of its first actions under the new Administration, the SEC staff issued new guidance that largely reinstated older guidance that had supported the ability of public companies to exclude shareholder proposals from their…more

Corporate Governance, Disclosure Requirements, New Guidance, Proxy Statements, Publicly-Traded Companies

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Christian Mark Poland

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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Akhil Markanday

Are You Ready for Martyn’s Law?

The Terrorism (Protection of Premises) Act received Royal Assent on 3 April 2025 and is expected to be implemented within the next 24 months. There will be no legal requirement to comply until the legislation comes into force,…more

Enforcement, Government Agencies, Hospitality Industry, New Guidance, New Legislation

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Anthony Marks

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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Lee Marshall

Understanding the Litigation Privilege

The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims…more

Absolute Privilege, Administrative Proceedings, Attorney-Client Privilege, Business Litigation, Defamation

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Eric Martin

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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Pedro Martinez-Fraga

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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Julie Catala Marty

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

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

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

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Jacob Maskovich

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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Rachel Matteo-Boehm

AI & Your Business: Libel Risks

As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of…more

Artificial Intelligence, Commercial Litigation, Defamation, Libel, Microsoft

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Vishal Mawkin

Corporate Hybrid Bonds - At a Glance

The corporate hybrid bond market has recently drawn the attention of corporate bond issuers, investors and rating agencies. In a falling interest rate environment and generally constructive primary and secondary European debt…more

Bonds, Capital Markets, Corporate Bonds, Credit Rating Agencies, Environmental Social & Governance (ESG)

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James McAlpin Jr.

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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Conor McDonald

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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Sean McElenney

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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Emma McEnery

FinCEN Eases CTA Reporting Rules: U.S. Companies Get a Pass, Foreign Entities Get a Breather

As previewed by FinCEN and Treasury earlier this month, FinCEN announced major changes to the application of the Corporate Transparency Act. On Friday evening, FinCEN issued an interim final rule that will remove the requirement…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Filing Deadlines, FinCEN

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Jack McFadden

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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Edward McMullen

Key Lessons from the Collapse of ISG

The recent collapse of Interior Services Group (ISG), which filed for administration on 20 September 2024, has alarmed the industry. EY has been tasked with managing outstanding projects that Glenigan suggests total over £2.5…more

Commercial Bankruptcy, Construction Industry, Construction Project, Creditors, Debt Restructuring

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Olivier Mesmin

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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Philippe Métais

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

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

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

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Antoine Meyer-Woerth

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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Helen Miller

Autumn Budget 2024: Key Takeaways for the UK’s Energy Sector - Part Two

On October 30 2024, the Labour government delivered their first Budget since 2010. The Budget introduced some key changes for the energy industry, including the Energy Profits Levy and Relief for payments made into a Carbon…more

Autumn Statement, Carbon Capture and Sequestration, Consultation, Corporate Taxes, Electricity

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Matthew Minder

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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Luke Mines

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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Zaynah Mirza

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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Roland Montfort

EU Commission Omnibus Package - CSRD, Taxonomy & CSDDD Update

The European Commission (“the Commission”) has adopted a new package of proposals to simplify European Union ("EU") rules, boost competitiveness, and unlock additional investment capacity. The aim of the first Omnibus package is…more

Corporate Governance, Corporate Sustainability Reporting Directive (CSRD), Environmental Policies, Environmental Social & Governance (ESG), EU

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Mary Margaret Moore

Immediate Action Item for All Employers: Responding to New Immigration Enforcement Activities

The new administration has hit the ground running on its promise to increase enforcement of U.S. immigration laws. Among the immigration-related executive orders signed in the first days of President Donald Trump’s second term…more

Department of Homeland Security (DHS), Deportation, Employer Liability Issues, Enforcement Priorities, Executive Orders

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Claire Morel de Westgaver

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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Jonathan Morris

London: The Optimum IPO Venue for Israeli Growth Companies

For the vast majority of Israeli and Israel-related companies considering an IPO, London should continue to be the venue of choice. London has greater access to capital and liquidity than the Tel Aviv Stock Exchange and lower…more

Capital Markets, Corporate Governance, Initial Public Offering (IPO), Israel, Liquidity

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Jordan Most

New York City Council Adopts Significant Zoning Changes Under City of Yes for Housing Opportunity

New York City’s zoning regulations have undergone sweeping changes with a tripartite initiative known as City of Yes. City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity were approved in late 2023 and…more

Affordable Housing, Commercial Property Owners, Conversion Requirements, Housing Developers, Local Ordinance

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Tun Zaw Mra

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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Maxwell Multer

Chevron Overruled

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

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

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Joanna Munro

AI and Machine Learning in Financial Crime Compliance

As financial crime risks evolve, including those risks posed by the use of AI and other emerging technologies, so too must firms’ financial crime compliance response. It is unsurprising, therefore, that AI forms part of both the…more

Anti-Money Laundering, Artificial Intelligence, Financial Conduct Authority (FCA), Financial Crimes, Financial Services Industry

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Nicholas Myatt

Takeover Panel Response on the Application of the Takeover Code

The Takeover Code (the “Code”) has published its response to its consultation on the application of the Code and is adopting the amendments previously proposed in PCP 2024/1 subject to some modifications. The changes will take…more

Takeover Bids, Takeover Code, Transitional Arrangements, UK

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Nomita Nair

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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Ravi Nayer

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

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

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

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Rebecca Nelson

Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC

On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC, as his presence on the…more

Antitrust Division, Big Tech, Censorship, Competition, Federal Trade Commission (FTC)

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Victoria Newbold

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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Joseph Ninan

Fighting Fraud: Where Does the Responsibility to Protect Consumers Lie?

Fraud now accounts for 40% of crime in England and Wales. However, in this era of strained public finances, and the often international dimension to consumer fraud, the Government’s approach has often been to look to the…more

Consumer Protection Laws, Failure to Prevent, Financial Conduct Authority (FCA), Financial Institutions, Financial Regulatory Reform

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Puanani Norwood

State Specific Requirements for Wind and Solar Project Land Contracts - March 2025

Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of…more

Clean Energy, Commercial Leases, Critical Infrastructure Sectors, Easements, Energy Policy

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David Nunn

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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Timothy O'Connell

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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Sara O'Keefe

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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Kyle O'Sullivan

Autumn Budget 2024 - 10 Key Tax Points for Business

Yesterday, 30 October 2024, the Chancellor announced that the Autumn 2024 budget will raise taxes by £40bn, the biggest raise since 1993. While the Autumn budget arguably does not portray as pessimistic an outlook for…more

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

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Richard Obank

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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Lydia Octon-Burke

AI in HR - What You Need to Know

BCLP recently hosted a seminar on AI in HR. In this thought-provoking session, we considered how AI is used in HR and its regulation in the EU and the UK, and then engaged in some discussions around two theoretical scenarios…more

Artificial Intelligence, Employment Policies, EU, General Data Protection Regulation (GDPR), Hiring & Firing

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Sean Odendahl

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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Daniel Odenthal

New law to mitigate insolvencies in Germany

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

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

See all updates »

Pel Okeowo

Environmental Justice Revisited

Since January 20, 2025, the Trump Administration has implemented numerous changes to federal environmental justice (“EJ”) initiatives which are expected to result in reduced permitting and regulatory burdens. While the current…more

Clean Energy, Climate Change, Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Justine Oldale

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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John Leachman Oliver III

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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Emmet Ong

What Government Contractors Can Expect During the Second Trump Administration

The Trump Administration will most likely move quickly to align the federal government’s priorities with the President’s own. While the Administration has not detailed all of its plans for government contracting/procurement,…more

Buy American Act, Climate Change, Defense Sector, Department of Justice (DOJ), Department of Labor (DOL)

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Carol Osborne

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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Jesus Osete

Missouri House of Representatives Passes HB 575, Imposing Residency Requirements and Banning Per-Signature Payments for Initiative Petition Calculators

Today, the Missouri House of Representatives passed House Bill 575, which contains two new provisions applicable to statewide initiative petition circulators…more

Citizen Petitions, Constitutional Challenges, First Amendment, Free Speech, Pay-To-Play

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Segun Osuntokun

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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Sara Ouarti

Private life and disciplinary dismissal

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

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

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Julia Pair

Missouri Proposition A: The Race to May 1st

The Missouri Supreme Court is expected to rule on a legal challenge to Proposition A before employees begin accruing paid leave under the law on May 1, 2025. Meanwhile, the Missouri House of Representatives passed legislation…more

Employment Litigation, Employment Policies, Minimum Wage, MO Supreme Court, Paid Leave

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Horace Pang

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —…more

Construction Contracts, Construction Industry, Construction Litigation, Contract Disputes, Dispute Resolution

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Iris Pariset-Hauret

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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James Parker

Tall Building Trends in London

Tall buildings have hugely contributed to London’s sense of place and rightful place as a world-leading financial centre. They have made a defined impact on the London skyline particularly in the period between 2000-2019 when…more

Commercial Real Estate Market, Construction Industry, Housing Market, Office Space, Real Estate Development

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Logan Parker

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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Jessica Parry

Are You Ready for Martyn’s Law?

The Terrorism (Protection of Premises) Act received Royal Assent on 3 April 2025 and is expected to be implemented within the next 24 months. There will be no legal requirement to comply until the legislation comes into force,…more

Enforcement, Government Agencies, Hospitality Industry, New Guidance, New Legislation

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Laura Patao-Caminas

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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Samantha Paul

Recent Updates to the FCA’s and PRA’s “To Do” List - An Action Plan for Growth, Simplification, and Reform

We love a “to do” list! So, following a flurry of announcements from the FCA and publication of the Treasury’s Action Plan aimed at overhauling the current regulatory landscape, what is on the financial regulators’ “to do” list…more

Bank of England, Financial Conduct Authority (FCA), Financial Regulatory Reform, HM Treasury, Payment Systems Regulator (PSR)

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Katy Peacock

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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Marcus Pearl

Managing Technology Supply Chains: What the Advent of the UK’s Critical Third Party Regime Means for Financial Services Firms and Technology Providers

The FCA, PRA, and Bank of England have published their finalised critical third party (CTP) rules (and accompanying guidance) in PS24/16 Operational resilience: Critical third parties to the UK financial sector…more

Bank of England, Compliance, Consultation, Final Rules, Financial Conduct Authority (FCA)

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Seth Pearson

Navigating the FemTech regulatory landscape: which rules apply and what are the enforcement priorities?

Security, scale or functionality – pick two. This computer science principle coined by the late Professor Anderson is particularly relevant to the FemTech industry. Anderson’s Rule states that for a system to provide high…more

Business Strategies, Digital Health, EU, General Data Protection Regulation (GDPR), Health Care Providers

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Edward Peck

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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Julie Pereira

Vendor Due Diligence and Criminal Liability of the Acquiring Company

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

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

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Laura Perlov

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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Matthew Petersen

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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Courtney Peterson

Key Changes to New York Employment Law in 2024 and What to Expect in 2025

Every new year brings changes to the employment laws applicable to New York State and New York City employers. In this article, we review the key employment laws that went into effect in 2024 and highlight some of the new and…more

Background Checks, Contract Terms, Criminal Background Checks, Employee Rights, Employer Liability Issues

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Christy Phanthavong

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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Anthea Pinder

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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Giles Pink

Tall Building Trends in London

Tall buildings have hugely contributed to London’s sense of place and rightful place as a world-leading financial centre. They have made a defined impact on the London skyline particularly in the period between 2000-2019 when…more

Commercial Real Estate Market, Construction Industry, Housing Market, Office Space, Real Estate Development

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Emily Pittaway

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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Matthew Pomfret

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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Katherine Pope

Sexual Harassment - The Preventative Duty and Risk Assessments

Rather than our usual Two Minute Monthly employment law round-up, we are posting for March 2025 a blog by Partner Katherine Pope on the nature and purpose of risk assessments in complying with the sexual harassment preventative…more

Employer Liability Issues, Employer Responsibilities, Employment Policies, Equality and Human Rights Commission (EHRC), Human Resources Professionals

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Steven Poplawski

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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Joseph Poppen

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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Jonathan Potts

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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Anne Powell

Autumn Budget 2024 - 10 Key Tax Points for Business

Yesterday, 30 October 2024, the Chancellor announced that the Autumn 2024 budget will raise taxes by £40bn, the biggest raise since 1993. While the Autumn budget arguably does not portray as pessimistic an outlook for…more

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

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Natalie Prager

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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Cameron Price

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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Dr. Thomas Prüm

Revitalising the EU Securitisation Market: Recommendations for a Revised Regulatory Framework

The European Union's securitisation market has struggled to reach its full potential despite the introduction of the Securitisation Regulation (SECR) in 2019. While the market has shown modest growth in recent years,…more

Capital Markets, Disclosure Requirements, EU, European Commission, Financial Regulatory Reform

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Heba Qazi

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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Geraldine Quirk

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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Harriet Raff

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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Krish Raichura

The DMCCA: Taking a Closer Look at the Impact on Subscription Contracts

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) has recently received royal assent, following the announcement of the July General Election. We examine the key developments in our previous article. One very…more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Contract Renewal, Contract Terms

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Henry Ranchon

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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Andrea Rastelli

Colorado's New Requirements for Biometric Data: What Businesses Need to Know

On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,…more

Biometric Information, Compliance, Consent, Corporate Counsel, Data Privacy

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Daron Ravenborg

PFAS Air Emissions Restrictions

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory agencies…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Darren Ray

Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC

On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC, as his presence on the…more

Antitrust Division, Big Tech, Censorship, Competition, Federal Trade Commission (FTC)

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Charles Reed

No Minority Discount for Quasi-Partnerships

In Gibbins v Tierney [2024] EWHC 2004 (Ch), the High Court reaffirmed the principles that apply when deciding whether there has been unfair prejudice, within the meaning of section 994 of the Companies Act 2006, in a…more

Business Disputes, Business Partners, Buy-Out Agreements, Corporate Management, Partnerships

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C. Ryan Reetz

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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Clare Reeve Curatola

Without Prejudice Privilege: High Court Guidance on the Scope of Privilege Protection for Parties Attempting to Resolve a Dispute

The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations…more

Business Disputes, Dispute Resolution, Litigation Strategies, UK, Without Prejudice Privilege

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Daisy Reeves

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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Ashley Reicher

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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Anoma Rekhi

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

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

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

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Timothy Reynolds

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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Mark Richards

Typical Transaction Documents in a (Standalone) BESS Project-Financing

Further to our previous articles on the market and sources of revenue for (standalone) project-financed BESS projects, this article considers the core transaction documents making up a project-financed BESS project and the…more

Business Operations, Commercial Leases, Construction Contracts, Contract Terms, Due Diligence

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Anne Richier

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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Kaley Rickert

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply established…more

Class Action, Colleges, Department of Education, Gender Discrimination, Gender Equity

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Eric Rieder

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from producing…more

Abuse of Discretion, Attorney-Client Privilege, Corporate Counsel, Corporate Governance, Corporate Misconduct

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Sasha Riedisser

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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Kimberly Roberts

JCT 2024 Editions: Key Changes in the JCT's New Suite of Contracts

An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published. Standard forms tend to be…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Design-Build

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Eliot Robinson

Key Points From BCLP's Recent Public Company Update Program

BCLP hosted its annual CLE event, "Public Company Update and Other Trending Topics,” in St. Louis recently. Some of the key issues covered by the event, along with some takeaway considerations for companies, include the…more

Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements, Financial Services Industry

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Daniel Rockey

FTC Junk Fees Rule Targets Ticket Sales and Hotel Rentals

The Federal Trade Commission has issued a long-anticipated final Rule on Unfair or Deceptive Fees (the Rule), colloquially known as the “Junk Fees” Rule, targeting mandatory hidden fees and ensuring transparent pricing…more

Disclosure Requirements, Event Tickets, Excessive Fees, Federal Trade Commission (FTC), Fees

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Andrew Rodman

Corporate Hybrid Bonds - At a Glance

The corporate hybrid bond market has recently drawn the attention of corporate bond issuers, investors and rating agencies. In a falling interest rate environment and generally constructive primary and secondary European debt…more

Bonds, Capital Markets, Corporate Bonds, Credit Rating Agencies, Environmental Social & Governance (ESG)

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Beth Romans Bower

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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Curtis James Romig

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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B. Derek Rose

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

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

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

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Diana Rosia

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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Stacie Rottenstreich

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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Chris Rowe

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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William Rowell

COP29 Update - Decarbonising the Built Environment: the Challenges and Opportunities

The decarbonisation of the built environment is likely to be on the UK Government’s agenda as it looks to make good on its commitment at COP29 to cut carbon emissions by 81% from 1990s level by 2035. How will this be achieved?…more

Benchmarks, Carbon Emissions, Climate Change, Commercial Leases, Commercial Property Owners

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Michael Royle

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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Meg Royston

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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Bret Ruber

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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Spencer Rubin

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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Sasha Rubinstein

Digital Speaks: Euro 2024 and Intellectual Property - What’s in Play?

The European Championship has kicked off, and in the first of our series of blogs with the Euro 2024 tournament as our focus, we are going to explore another side to the Euros..…more

Copyright, EU, Intellectual Property Protection, Patents, Trademarks

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David Rundle

AI Regulation in 2025 - Has the UK Government’s Wait-and-See Gamble Played Off?

After a flurry of AI-related papers from the previous UK Conservative government and regulators in 2023 and the first half of 2024 (and the establishment of the UK’s AI Safety Institute and the AI Policy Directorate), progress…more

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

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David Russell

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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Jeffrey Russell

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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Jonathan Sacher

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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Anoop Sadanandan

State Laws Present Litigation Risks for Financial Industry’s Artificial Intelligence Use

The financial industry increasingly uses artificial intelligence (“AI”) to raise business efficiencies, improve customer experience, and limit fraud and crime. However, two lawsuits leveraging existing state privacy laws and a…more

Artificial Intelligence, Banking Sector, Consumer Privacy Rights, Data Privacy, Financial Institutions

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Tonio Sadoni

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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Caspar Samuel von Eicke und Polwitz

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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Christian Sauer

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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Kieran Saunders

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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Geraldine Scali

Information Commissioner's Open Letter to the UK Prime Minister - Key Takeaways

On 16 January 2025, in an open statement and letter, the UK Information Commissioner, John Edwards, responded to the December 2024 letter from the UK Prime Minister, the Chancellor, and the Business Secretary…more

Artificial Intelligence, Data Privacy, Data Protection, Information Commissioner's Office (ICO), Innovation

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Stephen Scannell

FTC Announces 2025 HSR Act Thresholds and Filing Fee Schedule

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

Antitrust Provisions, Competition, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Steven Schaffer

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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Carol Schepp

SEC Staff Issues Welcome Guidance on Extracted Performance and Portfolio Characteristics Under the Marketing Rule

On March 19, 2025, the staff of the U.S. Securities and Exchange Commission (the “SEC”) updated its Frequently Asked Questions (“FAQ”) pertaining to Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940,…more

Disclosure Requirements, Financial Services Industry, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Randall Scherer Jr.

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

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

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

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Laurent Schittenhelm

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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Elizabeth Schlesinger

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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Christopher Schmidt

Class Representatives in the United States

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

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

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Lindsay Cohen Schneider

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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Eric Schroeder

AI & Your Business: Libel Risks

As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of…more

Artificial Intelligence, Commercial Litigation, Defamation, Libel, Microsoft

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Craig Schuenemann

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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Tegan Schultz

Regulatory Focus on Non-Financial Misconduct: Where are we headed in 2025?

The FCA’s focus, in the six years since #MeToo began, upon tackling ‘non-financial misconduct’ (broadly, poor interpersonal behaviour) in the financial services sector has sometimes been said to be a bit odd and/or not the sort…more

Board of Directors, Corporate Governance, Corporate Misconduct, Diversity and Inclusion Standards (D&I), Financial Conduct Authority (FCA)

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Andrea Schwaiger

“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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Daniel Schwartz

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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David Schwartz

Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC

On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC, as his presence on the…more

Antitrust Division, Big Tech, Censorship, Competition, Federal Trade Commission (FTC)

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John Schwartz

SEC Division of Examinations publishes 2025 Examination Priorities

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

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

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Dr. Julia Schweitzer

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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David Scott

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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Freya Scott

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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Kathryn Scott

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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Alexandra Selka

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

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

Damages, Forfeiture, Landlords, Leaseholds, Minerals

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Ellie Serridge

No ACAS Early Conciliation but the Claim Continues, and a General Employment News Round-Up: UK HR Two Minute Monthly - January 2025

The return of our monthly format for employment law updates sees new cases on whether a failure to carry out ACAS Early Conciliation is fatal to claims progressing, whether a claimant after proceedings are ongoing can add new…more

Appeals, Conciliation, Dismissals, Employment Discrimination, Employment Litigation

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Anne Sharamitaro

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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Richard Shaw

Update: Digital Markets, Competition and Consumer Act - What can we expect from the CMA?

2025 has already been a busy year in UK consumer protection law. With the CMA having issued its annual plan for 2025 / 2026 on 27 March 2025 and its new enforcement powers under the Digital Markets, Competition and Consumer Act…more

Compliance Dates, Consumer Protection Laws, Enforcement Actions, Enforcement Guidance, Fake Reviews

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Graham Shear

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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Brian Sher

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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Kathleen Sherby

Texas Court Issues Nationwide Injunction Less Than a Month Before the Corporate Transparency Act's Reporting Deadline

Yesterday, a Texas district court issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc. et al., v. Garland et al., enjoining enforcement of the Corporate Transparency Act’s reporting requirements. The CTA…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, FinCEN

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Rachel Sheridan

The Data Center Power Crunch: How Businesses and Governments Are Addressing Energy Demands

The world’s insatiable demand for digital infrastructure is running headlong into an increasingly pressing problem: energy supply. The rapid expansion of data centers, fueled by artificial intelligence (AI), cloud computing, and…more

Artificial Intelligence, Climate Change, Data Centers, Energy Sector, Infrastructure

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Jasmine Sherr

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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Hansy Shore

SAF: Is Sustainable Aviation Fuel About to Take Off?

Speaking on 29th January 2025, Chancellor Rachel Reeves announced the Government’s commitment to modernising UK airspace and the transition to greener aviation through the use of Sustainable Aviation Fuel. Described by Reeves as…more

Aviation Industry, Carbon Emissions, Clean Energy, Climate Change, Energy Policy

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Tina Siebenhaar

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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Meredith Silliman

SEC Again Cracks Down on Companies That Restrict Whistleblowers

As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule. On September 9, 2024, the SEC announced settled charges resulting in…more

Cease and Desist Orders, Civil Monetary Penalty, Contract Terms, Corporate Counsel, Employment Contract

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Leanne Sim

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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Raymond Sin

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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Alan Sinyor

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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Lindsay Sklar Johnson

One More for the Road: FTC Files Price Discrimination Suit Against Beverage Company in Final Weeks of Biden Administration

This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act…more

Antitrust Litigation, Competition, Distributors, Enforcement Actions, Federal Trade Commission (FTC)

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Christopher Skone James

Government Response to Grenfell Phase 2 Report - an Overview

The government has published its Response to the Grenfell Tower Inquiry’s Phase 2 report. This Insight takes a closer look at the Response focusing on some of the major reforms the government plans to make and the timeframes for…more

Construction Contracts, Construction Industry, Construction Project, Fire Damage, Fires

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Andre Smith

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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Ethan Smith

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”), and…more

Amended Legislation, Anti-Discrimination Policies, Employee Privacy Rights, Employee Rights, Freelance Workers

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Megan Smith

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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Paul Smith

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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Phill Smith

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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Tim Smith

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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Barbara Smith Tyson

The Corporate Transparency Act is Back in Effect - but the New March 21, 2025, Reporting Deadline Remains Uncertain

As of February 17, 2025, the Corporate Transparency Act (the “CTA”) is back in full force and effect and, along with it, a requirement for most reporting companies to file their beneficial ownership information reports by March…more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, FinCEN, Pending Legislation

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Nazia Sohail

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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Jonathan Solish

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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Aslan Sönmez

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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Christian Spatz

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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Ashley Spechler

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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Andrey Spektor

SEC and FinCEN Propose Rules to Impose Customer Identification Program Obligations on Certain Investment Advisers

On May 13, 2024, the Securities and Exchange Commission (SEC) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed rules (CIP Rules) that would impose customer identification program…more

AML/CFT, Comment Period, Compliance, Customer Identification Program (CIP), Customer Information

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Phil Spencer

Briefcase 2024 Quarter 4: Key Real Estate Cases and Updates

Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the…more

Building Codes, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Renewal

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Rebecca Spraggins

FTC Junk Fees Rule Targets Ticket Sales and Hotel Rentals

The Federal Trade Commission has issued a long-anticipated final Rule on Unfair or Deceptive Fees (the Rule), colloquially known as the “Junk Fees” Rule, targeting mandatory hidden fees and ensuring transparent pricing…more

Disclosure Requirements, Event Tickets, Excessive Fees, Federal Trade Commission (FTC), Fees

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Mark Srere

Artificial Intelligence Stays in the SEC's Cross-Hairs

As news stories about AI have surged, so have enforcement actions by the SEC alleging fraudulent statements about AI capabilities…more

Anti-Fraud Provisions, Artificial Intelligence, Cease and Desist, Civil Monetary Penalty, Compliance

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Douglas Stanley

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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Kurt Steinhouse

New York City Council Adopts Significant Zoning Changes Under City of Yes for Housing Opportunity

New York City’s zoning regulations have undergone sweeping changes with a tripartite initiative known as City of Yes. City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity were approved in late 2023 and…more

Affordable Housing, Commercial Property Owners, Conversion Requirements, Housing Developers, Local Ordinance

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Jonathan Stevens

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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Steven Stimell

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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Jennifer Stokes

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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Heiko Stoll

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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Bettina Strauss

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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Andrew Street

Enforcement of Judgments Between France and England

Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure…more

Commercial Contracts, Commercial Litigation, Contract Disputes, Enforcement of Foreign Judgments, EU

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Gareth Stringer

JCT 2024 Editions: Key Changes in the JCT's New Suite of Contracts

An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published. Standard forms tend to be…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Design-Build

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Paul Sudentas

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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Perry Swanson

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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Hilary Tai

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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Tiffany Tam

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

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

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

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Sharonrose Tan

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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Sophie Taylor

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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Amy Taylor Wilson

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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Carlie Tenenbaum

California Requires Consumer Finance Providers to Register by February 15

The California Department of Financial Protection and Innovation (“DFPI”) announced new requirements pursuant to the California Consumer Financial Protection Law (“CCFPL”) for registration of certain consumer financial service…more

California, Consumer Financial Products, Debt Settlement Services, Department of Financial Protection and Innovation (DFPI), Earned Wage Access

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Graeme Thomas

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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Jackie Thomas

AI in HR - What You Need to Know

BCLP recently hosted a seminar on AI in HR. In this thought-provoking session, we considered how AI is used in HR and its regulation in the EU and the UK, and then engaged in some discussions around two theoretical scenarios…more

Artificial Intelligence, Employment Policies, EU, General Data Protection Regulation (GDPR), Hiring & Firing

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Marc Thorley

Modernising the Redress System: Time for a New Approach to Mass Redress Events in the Financial Services Sector?

On 15 November 2024, the Financial Conduct Authority (“FCA”) and Financial Ombudsman Service (“FOS”) jointly published a call for input (the “CFI”), seeking views on how the current regulatory redress framework can be improved,…more

Collective Redress, Financial Conduct Authority (FCA), Pensions, Popular, Redress Payments

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Ashlynn Timmerman

EPA Announces New National Enforcement Policies

On March 12, 2025, EPA’s Office of Enforcement and Compliance Assurance (“OECA”) issued a memo outlining new national enforcement and compliance initiatives (“NECIs”). …more

Climate Change, Coal, Coal Industry, Energy Sector, Enforcement Priorities

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Charles Tompkins

Never Bad-Mouth Synergy: FTC and DOJ Withdraw Antitrust Guidelines for Collaborations Among Competitors

On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines)…more

Antitrust Division, Collaboration, Competition, Department of Justice (DOJ), Enforcement Guidance

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Dr. Hannah Toprak

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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Lex Townsley

UK and US Cryptoasset Regulation - What direction next?

At present, Cryptoassets are largely unregulated in the UK. However, the growth of crypto cannot be ignored and many argue that regulators need to take action to ensure adequate consumer protections are in place and to preserve…more

AML/CFT, Cryptoassets, Digital Assets, Financial Conduct Authority (FCA), Financial Regulatory Reform

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Sheridan Treger

Proposed Planning Policy for Wind and Solar Farms

Consultation closed at the end of September on proposals to align national planning policy with the Government’s aspiration for Britain’s future as a ‘Clean Energy Superpower’ by 2030. Government has committed to respond before…more

Clean Energy, Climate Change, Consultation, Critical Infrastructure Sectors, Energy Projects

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William Trotman

AIFMD II Leverage Limits and Single Borrower Exposure Restriction

AIFMD II introduces substantial changes to the EU-wide regulatory framework for alternative investment fund managers (“AIFMs”) that was established under AIFMD. The changes cover a wide range of areas but will have a…more

Alternative Investment Fund Managers Directive (AIFMD), Borrowers, EU, European Securities and Markets Authority (ESMA), Fund Managers

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Marc Trottier

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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Andrew Tsang

Modernizing UK Trade Settlement Standard: The Road Ahead

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

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

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Irina Tuca

Corruption in Sport - Its Shape, Consequences and Impact on Potential Reform

The Euros 2024 were the first in a list of long-awaited sporting events this summer, culminating with the 2024 Olympic Games in Paris. However, as sport becomes more global and its coverage expands, so does its exposure to the…more

Anti-Money Laundering, Corruption, Financial Crimes, Fraud, Olympics

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Robert Tuchman

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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Charlotte Tullis

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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Katharine Tulloch

Reminder of the Principles of Assignment

In this Insight, Katharine Tulloch takes a look at the case of Grove Construction (London) Limited v Bagshot Manor Limited [2025] EWHC 591 (TCC) which provides a welcome reminder of the care which should be taken when drafting…more

Breach of Contract, Construction Contracts, Construction Litigation, Contract Disputes, Contract Interpretation

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Catherine Turner

The PRA’s and FCA’s Proposals to Reduce Restrictions on Banking Bonuses

Yesterday the PRA and FCA published PRA consultation paper 16/24 / FCA consultation paper 24/23 – Remuneration reform, containing proposals for significant changes to the remuneration regime. The UK’s current remuneration…more

Consultation, Financial Conduct Authority (FCA), Global Systemically Important Financial Institutions (GSIFI), Prudential Regulation Authority (PRA), Regulatory Reform

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Andrew Tuson

London Stock Exchange Discussion Paper - Shaping the Future of AIM

The ‘Jewel in the Crown’ of London’s markets, AIM has been a central feature of UK capital markets for the last 30 years providing growing companies with access to capital and liquidity…more

AIM, Capital Markets, Corporate Governance, Financial Conduct Authority (FCA), Initial Public Offering (IPO)

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Brian Underwood

AI & Your Business: Libel Risks

As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of…more

Artificial Intelligence, Commercial Litigation, Defamation, Libel, Microsoft

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Élodie Valette

Litigation Trends for 2025: What Will This Year Hold for Business and Commercial Disputes?

We explore the trends for Business and Commercial Disputes in the UK, US and France/EU in 2025. Here's what you should know..…more

Business Disputes, Class Action, Contract Disputes, Corporate Governance, Corporate Misconduct

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Lori Van Auken

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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Lisa Van Fleet

IRS Releases 2025 Adjusted Qualified Plan Limitations

The Internal Revenue Service released the cost-of-living adjusted qualified retirement plan and welfare plan limitations effective January 1, 2025. For ease of reference and comparison to prior years, we have placed the adjusted…more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

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Robert Van Voorhees

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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Jennifer Varley

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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Maria Vathis

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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Brenton Vincent

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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Gretchen von Dwingelo

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

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David von Hagen

Unlawful Deductions Backstop, Religious Belief Dismissals, Plus a News Round-up: UK HR Two Minute Monthly - February 2025

Our employment law update for February sees new cases on the two-year backstop on compensation in unlawful deductions cases and a Court of Appeal decision on religious belief discrimination relating to social media posts. We…more

Employee Rights, Employment Discrimination, Employment Litigation, Employment Policies, Religious Discrimination

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Adam Vukovic

Reporting Companies May Face a Last-minute Scramble to Comply With the Corporate Transparency Act Due to Accelerated Appellate Timeline Related to the Preliminary Injunction

As the government and interested parties continue to fight over the enforcement of the Corporate Transparency Act’s reporting requirements, prudent businesses and reporting companies should be prepared to comply with all…more

Appeals, Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Governance

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Tanvi Wadhwa

New UK Consumer Protection Regime to go live 6 April 2025

The CMA' s new enforcement powers granted under the Digital Markets, Competition and Consumers Act 2024 ("DMCCA") come in to force on 6 April 2025, bringing major change to the consumer protection regime. Provisions relating to…more

Compliance Dates, Consumer Protection Laws, Enforcement Authority, Enforcement Priorities, Fake Reviews

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Verity Waington

Real Estate Logistics: the Top Four Trends to Watch in 2025

The Industrial and Logistics sub-sector has been one of the darlings of the real estate industry for many years now, but what are the likely transformative trends which could reshape this sector in 2025?…more

Artificial Intelligence, Climate Change, Commercial Real Estate Market, Environmental Social & Governance (ESG), Financing

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Alexander Walden

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

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Bart Wall

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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Abigail Claire Walters

Significant Changes to CPO Regime Under Consideration

Two significant consultations opened at the end of last year, the first by the Government and the second by the Law Commission, seeking views on proposed changes to CPO law and process. In the first of this two part series, we…more

Affordable Housing, Community Development, Consultation, Eminent Domain, Land Owners

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R. Randall Wang

How Should Companies Update Risk Factors and MD&A During a Global Trade War?

As companies prepare to file Form 10-Qs, they should give special attention to risk factors in light of recently announced global tariffs. The situation is particularly challenging due to the fluid environment, including the…more

Corporate Counsel, Corporate Governance, Disclosure Requirements, Financial Reporting, Form 10-K

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Natasha Warby

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

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Natalie Wardle

FIDIC Contracts - Conference, Carbon Clauses and Collaborative Contracting

In this Insight, first published in PLC, Natalie Wardle reflects on the FIDIC International Contract Users' Conference 2024 held in London in December and the new contracts and standard clauses that FIDIC is currently working…more

Carbon Emissions, Climate Change, Collaboration, Construction Contracts, Construction Industry

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Jay Warren

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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G. Patrick Watson

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

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Emily Watts

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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Joshua Watts

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

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Fraser Wayne

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

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Charles Weiss

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

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Sharon Weiss

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

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Dominik Weiss

EMEA - Data Privacy, Digital and AI Round Up 2024/2025

As expected in the data privacy and digital space, 2024 shaped up to be a year full of guidance, consultations, regulatory focus areas and legislative updates. Artificial Intelligence (AI) remained a hot topic with advertising…more

Adtech, Advertising, Artificial Intelligence, Cookies, Cybersecurity

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Noah Weissman

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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Lucy Weld

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

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

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

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Richard Werner

London: The Optimum IPO Venue for Israeli Growth Companies

For the vast majority of Israeli and Israel-related companies considering an IPO, London should continue to be the venue of choice. London has greater access to capital and liquidity than the Tel Aviv Stock Exchange and lower…more

Capital Markets, Corporate Governance, Initial Public Offering (IPO), Israel, Liquidity

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Andy West

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

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

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

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Benedict West

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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Shannon Wheaton

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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Benjamin Wheeler

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

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

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

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Damon Whitaker

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

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David White

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

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Jed White

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

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Ellen Whitehorn

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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Corinna Whittle

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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Alexandra Whitworth

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

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Laura Wild

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

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Paul William

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

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Paul Williams

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

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Nick Williamson

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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Martin Wilmsen

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

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Olivia Wint

Information Commissioner's Open Letter to the UK Prime Minister - Key Takeaways

On 16 January 2025, in an open statement and letter, the UK Information Commissioner, John Edwards, responded to the December 2024 letter from the UK Prime Minister, the Chancellor, and the Business Secretary…more

Artificial Intelligence, Data Privacy, Data Protection, Information Commissioner's Office (ICO), Innovation

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Brenna Wolcott

Federal Court Strikes Down FTC’s Non-Compete Ban

Employers can breathe a sigh of relief as a Texas federal judge set aside the Federal Trade Commission’s (FTC) impending ban on non-compete clauses. The FTC published a final rule banning all non-compete clauses with…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Barry Wong

AI in International Arbitration: CIARB Guideline on the Use of AI in Arbitration (2025)

Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a…more

Algorithms, Arbitration, Arbitration Agreements, Artificial Intelligence, Dispute Resolution

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William Wortel

Federal Court Strikes Down FTC’s Non-Compete Ban

Employers can breathe a sigh of relief as a Texas federal judge set aside the Federal Trade Commission’s (FTC) impending ban on non-compete clauses. The FTC published a final rule banning all non-compete clauses with…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Philip Wright

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

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

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

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Tom Wright

Personalities, Politics and Priorities - What’s New for M&A and EU Competition Law in 2025

It’s all change at the European Commission. Teresa Ribera has taken over the stewardship of DG COMP from Margrethe Vestager, alongside a wider brief including environmental and social policy that could conflict with…more

Acquisitions, Antitrust Provisions, Competition, Environmental Social & Governance (ESG), European Commission

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Lindsay Wuller Aggarwal

SEC Enforcement Tea Leaves: Expected Priorities in the Second Trump Administration

How will President-elect Trump’s reelection impact the SEC’s enforcement priorities? We looked for clues from the first Trump Administration’s Enforcement program, and also from the agency’s current Republican Commissioners. In…more

Compliance, Cryptoassets, Cybersecurity, Disclosure Requirements, Enforcement Priorities

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Jennie Wynne

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

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Kristin Yemm

Delaware Adopts Safe Harbors for Conflicted Transactions and Narrows Right of Stockholders to Demand Books and Records

The safe harbors provide protection against claims for equitable relief or damages, subject to certain limitations, as described below. The amendments became effective immediately for all acts and transactions, whether…more

Amended Legislation, Books & Records, Conflicts of Interest, Controlling Stockholders, Corporate Governance

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Nicholas Young

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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Emily Yu

Texas Court Issues Nationwide Injunction Less Than a Month Before the Corporate Transparency Act's Reporting Deadline

Yesterday, a Texas district court issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc. et al., v. Garland et al., enjoining enforcement of the Corporate Transparency Act’s reporting requirements. The CTA…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, FinCEN

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Rebecca Zarett

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

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Rachel Ziegler

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to…more

Appeals, Class Action, Consumer Privacy Rights, Data Privacy, Data Protection

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Jeffrey Ziesman

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

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