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

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

French Legal and Regulatory Update - May 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for May 2017. Please see full...more

Your daily dose of financial news The Brief – 5.19.16

by Robins Kaplan LLP on

Bayer’s making good on its rumored interest in Monsanto in a deal that could be valued at more than $42 billion and would bring together two of the world’s biggest suppliers of crop seeds and pesticides...more

2016-17 New York State Budget

by Hodgson Russ LLP on

On April 13, 2016, Governor Andrew M. Cuomo signed the 2016-17 New York State Budget into law. We summarize the highlights of the revenue provisions below. Personal Income/Estate Taxes Personal Income Tax rates are scheduled...more

Food and Beverage Law Update: April 2016

by Holland & Knight LLP on

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

Food Report 2016: Trends in the Food, Beverage and Agribusiness Sector

Since the early part of this century, the fast-paced development of Alberta’s oil sands and the push for more pipelines across the country have driven Canada’s economic fortunes. Indeed, the Toronto Stock Exchange is one of...more

CFTC Beats Kraft’s Motion to Dismiss on Novel Claim

In the first case of its kind, the CFTC accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and related Regulation 180.1....more

Australia’s ‘New’ Foreign Investment Regime- Same Product Different Packaging

by Allen & Overy LLP on

With effect from 1 December 2015, the Australian Government has re-written its foreign investment laws and policy. The overall policy position on foreign investment in Australia has not changed materially although there have...more

Leases

by Blank Rome LLP on

TRUE LEASE V. DISGUISED SECURITY INTEREST - The characterization of a transaction as either a true “lease” or a secured transaction is likely to impact the putative lessor’s rights and remedies both with respect to the...more

CFTC Updates Position Limits Rule

by WilmerHale on

On September 22, 2015, the Commodity Futures Trading Commission (CFTC or Commission) unanimously approved the publication of a “supplemental” proposed rule on position limits. The supplemental proposal would modify the...more

AMF Publishes Reporting Obligations and Position Limits for Derivatives on Agricultural Commodities to Commence July 1

On June 15, the Autorité des Marches Financiers (AMF) published a statement that the reporting obligations position limits for agricultural commodity derivatives proposed in the Separation and Regulation of Banking Activities...more

Kraft Moves to Dismiss Novel CFTC Manipulation Claim

The CFTC accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and Regulation 180.1 promulgated thereunder. Regulation 180.1 makes...more

Bailment: Retaining Funds Received From a Bankrupt Bailee Is Not a Slam Dunk

by Pepper Hamilton LLP on

In re Mississippi Valley Livestock, Inc., 745 F.3d 299 (7th Cir. 2014) – A debtor sold cattle for the account of a cattle producer and then remitted the proceeds to the producer. A chapter 7 trustee sought to recover...more

Bridging the Week - May 2015 #3

CFTC Chairman Discloses Second Phase of Regulatory Review Before Senate Committee; Commissioner Giancarlo Questions Position Limits Proposal Before Energy Risk Summit - Timothy Massad, Chairman of the Commodity Futures...more

SEC Halts Fraudulent Farm Loan Investment Program

by Dorsey & Whitney LLP on

The Commission initiated an action centered on the misuse of offering proceeds tied to farm loans. The defendants include an investment adviser, a financial planner and an attorney. SEC v. Veros Partners, Inc., Civil Action...more

USDA Raises Hurdles to Bankruptcy Sales of PACA-Regulated Produce Businesses

One of the main advantages of purchasing a business out of bankruptcy is that the process can be quick, orderly and predictable. Yet, recently, the United States Department of Agriculture (“USDA”) has challenged the ability...more

Bridging the Week - March 2015 #5

SEC Proposes FINRA Oversee Certain High-Frequency Trading Firms; FINRA and FIA Issue Best Practice Guidance - The Securities and Exchange Commission proposed changes to an existing rule that, if adopted, would require...more

Court Holds Small Business Administration and Farm Service Agency Must Consult on Loan Guarantees

by Nossaman LLP on

A federal district court in Arkansas recently issued a decision clarifying that the obligation to consult under section 7(a)(2) of the Endangered Species Act (ESA) extends to the Small Business Administration and the Farm...more

CFTC Agricultural Advisory Committee to Meet on December 9

by Katten Muchin Rosenman LLP on

The Agricultural Advisory Committee of the Commodity Futures Trading Commission will convene on December 9 to discuss deliverable supplies of agricultural commodities and related implications for position limits and the...more

Enhancements to Florida's Solicitation of Funds Law Now Effective

by Akerman LLP on

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture Adam Putnam worked with the Florida Legislature to enact material enhancements to Florida's...more

Foreign Private Investment in Russia? “Nyet!” In Ukraine? “Da!”

by Miller Canfield on

The recent developments in Ukraine and Russia’s annexation of Crimea are not only politically significant, but have a real potential to alter global trading relationships for years to come. As events continue to unfold in...more

CFTC Extends No-Action Relief for Certain Transactions and Trading Platforms

On June 17, the Commodity Futures Trading Commission’s Division of Market Oversight extended the no-action relief it previously granted to any person or entity offering, entering into, or rendering advice or services with...more

Avoiding the pitfalls in an under-supplied and rising market

by Reed Smith on

The commodities world is experiencing its third price spike in five years. Countries all over the globe – from India, Australia and China to the United States and parts of Europe - have suffered poor rainfall and the...more

The ERISA Litigation Newsletter - July 2012

by Proskauer Rose LLP on

In This Issue: - Editor's Overview - PPACA Victory Sets The Stage For New Wave of Litigation - Treatment of Deferred Compensation Arrangements as ERISA Plans…Or Not - Rulings, Filings, and Settlements of...more

McAfee & Taft AgLINC: The Oklahoma Livestock Owner’s Lien Act By Jeff Todd

by McAfee & Taft on

Prior to November 2010, Eastern Livestock Company, LLC (“Eastern”) was one of the largest cattle brokerage companies in the United States. Eastern bought and resold cattle throughout the country under a variety of contractual...more

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