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Commercial Law & Contracts › Administrative Law › Business Organization

Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Morrison & Foerster LLP

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

by Ellen Adler, Erin M. Bosman, Julie Y. Park | Morrison & Foerster LLP on 5/10/2013

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

Duane Morris LLP

SBA Rules: Investment Funds Can Now Be Majority Owners of SBIR Companies

by G. Matthew Barnard, Joel Ephross | Duane Morris LLP on 2/22/2013

The Small Business Administration (SBA) recently amended the rules relating to its Small Business Innovation Research (SBIR) program and Small Business Technology Transfer (STTR) program. The new SBA rules implement the...more

K&L Gates LLP

Swap Clearing and the Commercial End User Exception: Corporate Governance and Risk Management Issues for Commercial Companies

by Juan Arciniegas, Anthony R.G. Nolan, Anh Tran | K&L Gates LLP on 1/18/2013

Central clearing of over-the-counter derivatives is a central pillar of the financial services reforms that are embodied in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The presumption...more

Thomas Fox

How to Reach Your Audience in Compliance Training – The Use of Charisma

by Thomas Fox on 1/18/2013

One often hears or reads about complaints that compliance training is dull, nay even boring. I mean, how many times can you expect someone to be lectured to on the riveting subject of the Foreign Corrupt Practices Act (FCPA)...more

Michael Volkov

The Cutting Edge Of Anti-Corruption Compliance: Proactive Audits

by Michael Volkov on 1/17/2013

The FCPA world is fast-becoming the leader in new compliance strategies. The Justice Department and the SEC have embraced the requirement for conducting “proactive audits.”...more

Thomas Fox

Glengarry Glen Ross and the Internal Marketing of a Compliance Program

by Thomas Fox on 1/16/2013

One of the great plays and movies that I enjoy is ‘Glengarry Glen Ross’. As you might expect with anything that David Mamet pens the dialogue is absolutely spot on, fast paced and non-stop. The action generally revolves...more

Thomas Fox

Rolls-Royce Brings in Lord Gold – Is it Thinking Big Enough?

by Thomas Fox on 1/15/2013

In December 2012 the BBC online service reported that Rolls-Royce Motor Cars Limited (Rolls-Royce) was in talks with the UK Serious Fraud Office (SFO) regarding potential allegations of bribery and corruption in Indonesia and...more

BuckleySandler LLP

California Corrects Homeowner Bill Of Rights Summary

by BuckleySandler LLP on 1/14/2013

On January 1, the California Department of Corporations reissued Release No. 65-FS regarding implementation of key parts of the Homeowner Bill of Rights that established new foreclosure requirements. ...more

Thomas Fox

The HSBC AML Settlement - Lessons Learned for the AML Compliance Practitioner

by Thomas Fox on 1/14/2013

I recently wrote about banks behaving badly. Currently, Exhibit A in that list is HSBC. In December, 2012, the UK banking giant HSBC agreed to pay a fine of $1.92 billion for its transgressions involving money laundering....more

Allen Matkins Leck Gamble Mallory & Natsis...

Nevada Legislature May Prohibit The Establishment of Corporations For “Illicit Purposes”

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/14/2013

Nevada’s legislature meets in regular session every other year for 12o consecutive calendar days. Nev. Const. Art. II, § 4 and NRS 218A.078. Although the 77th session does not start until February 4, legislators are already...more

Jackson Walker

How To Represent Prospective Franchisees And Franchisors

by Mark Miller | Jackson Walker on 1/12/2013

FRANCHISING PRIMER - I. INTRODUCTION - A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more

Thomas Fox

Fu Manchu and the Wal-Mart FCPA Investigation Water Torture

by Thomas Fox on 1/11/2013

Today we celebrate Fu Manchu. No not the facial accouterments but the fictional character who was introduced to the world in a series of novels by British author Sax Rohmer during the first half of the 20th century. He has...more

Sheppard Mullin Richter & Hampton LLP

No Knowledge, but Hints of Omissions in the Allianz FCPA Settlement

by Mark Jensen, Matthew Riemer | Sheppard Mullin Richter & Hampton LLP on 1/10/2013

On December 17, 2012, the Securities and Exchange Commission (“SEC”) announced a settlement under the U.S. Foreign Corrupt Practices Act (“FCPA”) with Allianz SE (“Allianz”), the insurance company based in Germany, resulting...more

Michael Volkov

The Person Of The Year: The Whistleblower

by Michael Volkov on 1/9/2013

In keeping with “tradition” (even if it is a one-year tradition), I like to start out the year looking back on the person of the year in 2012. As we look through the developments of 2012, there is no question of the...more

Thomas Fox

Marks of Excellence – the Lakers 33 Game Winning Streak and FCPA Compliance Tools

by Thomas Fox on 1/9/2013

Sorry Bill Simmons, but today we celebrate one of the great modern day records of any American sports franchise. On this day 41 years ago, the Milwaukee Bucks beat the Los Angeles Lakers to end the Lakers 33 game winning...more

Michael Volkov

The Compliance Officer’s Crystal Ball

by Michael Volkov on 1/9/2013

In the last five years, law firms and companies have aggressively added resources and capabilities to respond to increased FCPA enforcement and compliance needs. Outside counsel have established practice areas dedicated...more

Knobbe Martens Olson & Bear LLP

IP 101 – 10 Things to Know About Trademarks

by Knobbe Martens Olson & Bear LLP on 1/8/2013

1. What is a trademark? A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more

Levenfeld Pearlstein

Top Ten Legal Questions For Business Owners

by David Solomon | Levenfeld Pearlstein on 1/8/2013

QUESTION 1: Do you form a business entity to operate your business? Issues to Consider...more

Michael Volkov

Data Privacy And Security Risks

by Michael Volkov on 1/7/2013

If there is one issue which causes sleepless nights for business executives, it has to be data privacy and security. While the laws are still being updated and drafted for new technologies and new threats, businesses need to...more

Thomas Fox

Leadership in the Compliance Function – Do You Encourage or Stifle?

by Thomas Fox on 1/7/2013

There are many ways for a Chief Compliance Officer (CCO) to exercise leadership in not only the compliance function but also across the many disciplines in which compliance impacts in any corporation. In this Sunday’s New...more

Mintz Levin

Final SBIR Rules Published

by Jonathan Cain, Alexander Hecht, Abby Matousek | Mintz Levin on 1/5/2013

On December 27, 2012, the US Small Business Administration (SBA) published a final rule to amend regulations governing eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer...more

Snell & Wilmer L.L.P.

Doing Business In Arizona - A Legal Guide

Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education -...more

Loeb & Loeb LLP

SEC Adopts Final Rules for "Conflict Minerals"

by Loeb & Loeb LLP on 1/3/2013

The Securities and Exchange Commission has adopted final rules requiring disclosure of the use of "conflict minerals" by public companies (including smaller reporting companies and foreign private issuers) in products they...more

Sutherland Asbill & Brennan LLP

New Reliability Compliance Opportunities in 2013

by Daniel Frank, Alison Graab, Meghan R. Gruebner, Alexandra Konieczny, Jennifer Kubicek | Sutherland Asbill & Brennan LLP on 1/2/2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

Proskauer Rose LLP

Final Rule on New Iranian Sanctions Published

by Mark J. Biros, Benjamin R. Ogletree, Michael P. Richter | Proskauer Rose LLP on 12/31/2012

On December 26, 2012 the Department of the Treasury's Office of Foreign Assets Control ("OFAC") published a final rule amending the Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560 (the "ITSR"), to implement...more

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