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The Volkov Law Group

Deere’s Bribery Schemes — Circumventing Expense Controls (Part II of II)

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The Deere case is an important reminder for companies to devote proper attention to ensuring robust integration planning for acquired companies.  DOJ has provided important guidance on acquisition practices and the need to...more

Quarles & Brady LLP

Expansion of DOJ White Collar Whistleblower Programs to Local US Attorney’s Offices

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In August, the Department of Justice’s Criminal Division announced the launch of a Corporate Whistleblower Awards Pilot Program, building off an earlier pilot program started in the Southern District of New York to encourage...more

Hogan Lovells

UK High Court rejects representative action that promoted financial interests over those of consumers

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The High Court has struck out an action brought by a purported class representative against British Airways and EasyJet. The claim sought to obtain automatic compensation payments for passengers whose flights had been...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Seyfarth Shaw LLP

The Week in Weed: September 2024 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we start off with a look at the situation in Nebraska surrounding their cannabis ballot initiatives. Then...more

Troutman Pepper

Planning for Success: Five Considerations for Selling Your RIA

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Every RIA owner will at some point need to transition their business, whether through internal succession, a sale of the business or otherwise. If the transition could be via a sale, the day to start planning to sell your RIA...more

The Volkov Law Group

Oak Street Health Pays $60 Million to Resolve False Claims Act Violations

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Federal whistleblowers have been exposing health care fraud for years.  The False Claims Act (“FCA”) contains robust whistleblower provisions and protections that reward whistleblowers with financial payouts. The process for...more

Troutman Pepper

FDIC and OCC Finalize New Guidelines on Bank Mergers

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Yesterday, both the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) finalized new guidelines regarding bank mergers. According to the agencies, these updates aim to enhance...more

Potomac Law Group, PLLC

Prompt Payment Requirements for DBEs and ACDBEs

If you are a business owner who performs work on contracts as a Disadvantaged Business Enterprises (DBEs) or Airport Concession Disadvantaged Business Enterprises (ACDBEs), you should be aware of some significant changes to...more

World Law Group

Doing Business in Uganda

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Part 1: Doing Business in Uganda - What is the current business climate in your jurisdiction including major political, economic, and/or legal activities on the horizon in your country that could have a big impact on...more

Thomas Fox - Compliance Evangelist

Tone at the Top Week: Part 4 – CCOs Using Team Meetings to Further Compliance

We continue our blog post series on how CEOs and top senior executives can demonstrate the ubiquitous Tone at the Top. Setting the tone of doing business ethically and in compliance is one of the most critical...more

Epstein Becker & Green

Key Takeaways From Recent Amendments to the New Jersey Court Rules

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The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

Troutman Pepper

States' Action Still Viable Despite Ban of FTC Noncompete Rule

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The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

Foley Hoag LLP - Cannabis and the Law

Showdown in the Show Me State – New Hemp Executive Order Sparks Litigation and Subsequent Clarification from MO DHHS

On September 17, 2024, the Missouri Department of Health and Senior Services (“DHSS”) published a letter clarifying its enforcement policy concerning certain psychoactive hemp products that were the target of recent executive...more

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

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The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

Maynard Nexsen

ADA Compliance in Real Estate

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Regardless of the industry, most business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) prohibiting disability discrimination in the employment context and enforced by the Equal Employment...more

Whiteford

Net Working Capital & Purchase Price Adjustments In M&A Deals

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Net Working Capital (“NWC”) targets and purchase price adjustments are a nearly universal reality in private M&A deals, though often a neglected and misunderstood topic. To greatly simplify, the NWC target is the minimum...more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Womble Bond Dickinson

Earnout Deals Surge in Uncertain Times – What M&A Professionals Need to Know About Earnouts

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The M&A market has witnessed a major increase in the use of earnout deal terms after 2021. The number of deals with earnout provisions jumped from around 20% in 2021 to 33% in 2023....more

Proskauer Rose LLP

Third Circuit Follows Fifth and Ninth Circuits on Treatment of Make-Whole Claims in Bankruptcy

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In a much-anticipated decision, the United States Court of Appeals for the Third Circuit recently held that unsecured noteholders’ claims against a debtor for certain “Applicable Premiums” were the “economic equivalent” to...more

DarrowEverett LLP

Mastering the Art of Lease Negotiation: Crafting Win-Win Agreements

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Clients often request that their counsel focus lease negotiations exclusively on those terms most likely to have the most significant impact on economics and the long-term relationship with the counterparty. This request...more

Franczek P.C.

FTC Ban on Non-Competes Is Blocked — For Now

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Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on...more

DLA Piper

Ensuring Positive Outcomes With Negative Pledges in Venture Lending

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A “negative pledge” on intellectual property is a common feature of venture lending transactions, but its implications can often be misunderstood. Some lenders may be surprised to discover that it does not always provide the...more

Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

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