General Business Updates

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Are Insurers Engaged in Deceptive Practices and Illegal Pricing? If so, what can be done about it?

We wish to call attention to a disturbing trend, that even in the highly regulated field of personal lines coverage, homeowners and auto policies, the insurance industry is engaged in courses of conduct designed to write...more

Ethics and Simplicity

Groucho Marx was (and is) my hero. No one else had a sharper wit. One of my favorite scenes was in Duck Soup when Groucho conducts a meeting as the President of Fredonia. In particular, when Groucho is given a report...more

FCPA Compliance and Ethics Report-Episode 203-Scott Lane, Chief Executive of the Red Flag Group on management of risk and delivery... [Video]

In this episode I visit with Scott Lane, Chief Executive of the Red Flag Group. Lane talks about the approaches to risk management beyond anti-corruption, risk management in the supply chain and personalized compliance...more

Recent Settlements Signal Increased Political Law Enforcement by Government Officials

The U.S. government reached settlements with two federal lobbyist registrants recently in what appears to signal increased enforcement of political activity laws. On August 28, 2015, the U.S. Attorney’s Office for the...more

Prepare Your Brewery or Distillery to Raise Money

Raising capital can be very exciting, but it can also create a great deal of uncertainty and anxiety. Before you approach a bank, an individual investor, or a more institutional equity investor, be aware that these people...more

Ninth Circuit Steals a PAGe from California Courts’ Playbook

Since the California Supreme Court’s 2014 ruling in Iskanian v. CLS Transportation that claims under the Private Attorneys General Act (“PAGA”) are not subject to arbitration, California federal district courts have rejected...more

CFPB, DOE, Treasury Issue Joint Statement on Student Loan Servicing

A new Joint Statement issued by the Consumer Financial Protection Bureau, Department of Education, and Department of the Treasury presents a framework to standardize student loan servicing practices across the various federal...more

CFTC Announces to Issue Award of Approximately $290,000 to Whistleblowers

On September 29, the U.S. Commodity Futures Trading Commission announced that it would issue an award of approximately $290,000 to whistleblowers for providing valuable information about violations of the Commodity Exchange...more

Hudson Energy Denied Administrative Priority for Electricity Sold Pre-Bankruptcy

In a September 18, 2015 order, the U.S. District Court for the Southern District of New York affirmed a bankruptcy court order denying administrative claim treatment to Hudson Energy Services, LLC (“Hudson”) for its retail...more

KBR And Maintaining Privilege Throughout Investigations

Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

Corporate and Financial Weekly Digest - Volume X, Issue 38

SEC/CORPORATE - ISS Publishes Results of 2015–2016 Annual Global Policy Survey - On September 28, Institutional Shareholder Services (ISS), a leading proxy advisory firm, published the results of its 2015–2016...more

Weekly Update Newsletter - October 2015

GOVERNMENT CONTRACTS - Notice Establishing a Minimum Wage for Contractors - The Department of Labor, Office of the Secretary, published a new notice correcting its September 16, 2015 notice by publishing Appendix A...more

Construction Defect – Pre-Litigation Procedures of the “Right to Repair Act”

McMillin Albany LLC, et al. v. The Superior Court of Kern County - California Court of Appeal, Fifth Appellate District (August 26, 2015) - Civil Code section 896 (§ 896) is part of a statutory scheme commonly...more

Basic Tax Issues in Mergers and Acquisitions

Mergers and acquisitions ("M&A") are complex, multilayered transactions with multiple moving parts and a healthy dose of negotiation. There are, however, common tax implications at play in most transactions of which...more

Trading with Cuba: Too soon to mix up the Cuba Libres?

Now that the Obama administration has loosened its restrictions on Cuba, you’re ready to sell your widgets to a Havana factory, right? Not so fast! Although you may be able to do some things in or with Cuba that you couldn’t...more

Perspectives - September/October 2015

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

FCC Poised to Consider Expanded Use of Spectrum Bands Above 24 GHz

The Federal Communications Commission (FCC or Commission) is slated to consider adoption of a Notice of Proposed Rulemaking (NPRM) exploring increased use of spectrum bands above 24 GHz, including for mobile broadband, at ...more

Internal Revenue Service Begins Reciprocal Automatic Exchange of Tax Information Under FATCA IGAs

On October 2, 2015, the Internal Revenue Service announced that it had achieved a key milestone in implementation of the Foreign Account Tax Compliance Act (FATCA), a critical anti-tax evasion law passed by Congress in 2010...more

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

Anticipating Activism: Implications for Your 2016 Annual Meeting of Stockholders

Activist investors often begin planning their campaigns as much as a year in advance of the annual meeting. This includes accumulating stock positions, coordinating with other hedge funds in so-called “wolf packs,” analyzing...more

Unlawful Crowdfunding? — SEC Institutes Public Administrative and Cease-and-Desist Proceeding Against Unregistered Broker-Dealer

In a proceeding on September 28th, the SEC ordered a public hearing to be held before an Administrative Law Judge within the next two months. Further, the SEC ordered the Respondent and two companies under his control, to...more

IRS Publishes Final Regulations for Equivalency Determinations

Take note of these practical concerns for private foundations making grants to foreign organizations. On September 25, the Internal Revenue Service (IRS) published final regulations for private foundations making good...more

CFPB Orders Auto Financer to Pay $48.3M for Misleading Borrowers

On September 30, 2015, the CFPB ordered an indirect auto lending company and its auto lending subsidiary to pay $48.3 million in fines for alleged FDCPA, TILA, and UDAAP violations. The CFPB alleges that the companies...more

Delaware Supreme Court Resolves KKR-Gantler Confusion

There has been some debate about the effect of an approval by a majority of a company’s stockholders of a transaction with an unrelated third party - does that invoke the Business Judgment Rule? The question arose over...more

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