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

Lending Climate in America – 3rd Quarter 2024 Survey

J.S. Held on

With inflation still affecting the US economy, lenders are now focused on the economic impact of the upcoming presidential election. Lenders’ expectations for the US economy’s performance in the longer term – beyond the next...more

Jones Day

New York District Court: Cap on Landlord Claims in Bankruptcy Applies to Claims Against Lease Guarantors, and Cap Should Be...

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To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, the Bankruptcy Code caps the amount of a landlord's claim against a debtor-tenant for...more

The Volkov Law Group

The Four Sanctions Compliance Cases that Everyone Should Know (Part I of IV)

The Volkov Law Group on

The Justice Department has repeated on several occasions that it intends to aggressively prosecute corporations for sanctions and export controls violations. The “New FCPA” is how the Justice Department characterizes its...more

Thomas Fox - Compliance Evangelist

Argentieri Speech: 6 Key Takeaways for the Compliance Programs

On Monday, Principal Deputy Assistant Attorney General Nicole M. Argentieri spoke at the Society of Corporate Compliance and Ethics 23rd Annual Compliance & Ethics Institute. ( A copy of her remarks can be found here.) She...more

Clark Hill PLC

New Design-Build Law for School Construction Projects

Clark Hill PLC on

For almost the last 90 years, the construction of school buildings in the state of Michigan has been subject to Public Act 306 of 1937 (the “School Building Construction Act”), which generally requires a school district to...more

Integreon

Reinforcing Greatness in Your Business

Integreon on

Good afternoon! Welcome back to Scaling Greatness, a newsletter from Integreon focusing on amplifying business excellence and innovation. ...more

Freiberger Haber LLP

Questions of Fact Exist as to Plaintiff’s Standing to Commence Action Where Form of Company Changed From Corporation to LLC

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This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must...more

Farrell Fritz, P.C.

Recent Appellate Rulings Address Novel Issues in General Partnership Disputes

Farrell Fritz, P.C. on

The era of the old-fashioned general partnership long ago petered out, largely displaced by subchapter S corporations and, in the last few decades, limited liability companies, both of which allow pass-through taxation...more

DLA Piper

Navigating AI Liability Risks

DLA Piper on

Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We...more

Mayer Brown

Hong Kong Court Clarifies the Application of Implied Terms in Employment Contracts

Mayer Brown on

The recent case of Yang Zhizhong v. Nomura International (Hong Kong) Limited helpfully clarifies the applicability of Implied Term of Trust and Confidence, the Braganza duty and the Anti-avoidance Term in the context of...more

Akin Gump Strauss Hauer & Feld LLP

Demystifying the Out-of-Court Foreclosure Process

Mezzanine lenders looking to foreclose on their collateral have the advantage of being able to pursue remedies outside of court. But the process, which is described in the Uniform Commercial Code (UCC), is often ill...more

Epstein Becker & Green

Why Executive Teams Should Prepare for the Cybersecurity and Fraud Risks of Deepfakes

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The widespread availability of Artificial Intelligence (AI) tools has enabled the growing use of “deepfakes,” whereby the human voice and likeness can be replicated seamlessly such that impersonations are impossible to detect...more

Walkers

Enforcing debts in the Cayman Islands and BVI which are subject to an arbitration clause

Walkers on

Where a debt is due under an agreement (and assuming there is no binding non-petition clause in effect), it is possible to take steps to wind up the company without first proceeding to arbitration, in accordance with the...more

Mandelbaum Barrett PC

Real Estate Spotlight On: Financing Ground Leases

Mandelbaum Barrett PC on

What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more

Jones Day

Investment Advisers Subject to AML and SARs Requirements

Jones Day on

The Situation: The Financial Crimes Enforcement Network ("FinCEN") has adopted a rule that subjects certain investment advisers to anti-money laundering/countering the financing of terrorism program ("AML") requirements...more

Mandelbaum Barrett PC

Mastering Contract Law for Business Success

Mandelbaum Barrett PC on

Contracts are essential for any successful business relationship as they set the terms, expectations, and obligations for everyone involved. When everyone is on the same page, your business runs smoothly. Research conducted...more

EPR Group Consulting Inc.

Post-Consumer Recycled Content in EPR Packaging Programs

Post-consumer recycled content (“PCR”) plays an important role in extended producer responsibility (“EPR”) programs for packaging. Among other purposes, the EPR programs are intended to increase the quantity and quality of...more

Jones Day

Mauritania Takes the First Step Toward the Adoption of Close-Out Netting

Jones Day on

The government of the Islamic Republic of Mauritania just approved a draft law creating a close-out netting regime for financial transactions....more

Morrison & Foerster LLP - Social Media

Lose Your Illusion: District Court Holds That Unilateral Modification Clause Makes TOS Unenforceable

On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder...more

Cimplifi

Unlocking the Value of Your Contract Data

Cimplifi on

By effectively extracting data from contracts, organizations can gain valuable insights into their legal and financial obligations, opportunities for negotiation, and areas of risk, thereby making informed decisions that...more

Thomas Fox - Compliance Evangelist

The John Deere’s FCPA Case: A Throwback to Compliance Fundamentals

In the world of corporate compliance, some very basic compliance lessons seem destined to be repeated. This was certainly clear from the recently announced Securities and Exchange Commission (SEC) Foreign Corruption Practices...more

DLA Piper

C.R. Bard v. Atrium: The Impact of FDA Approval Timelines on Royalty Payments

DLA Piper on

A case pending in the Ninth Circuit Court of Appeals highlights the importance of negotiating the term of royalty payments in the license of Food and Drug Administration (FDA)-regulated products. This is particularly notable...more

Farrell Fritz, P.C.

An Evening with New York’s Commercial Division Justices 2024: Takeaways & Insights

Farrell Fritz, P.C. on

As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division...more

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Dickinson Wright on

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

DLA Piper

Third Circuit Court Orders Solvent Debtors to Pay Contract Rate Interest, Make-Whole Fees to Unsecured Creditors

DLA Piper on

Introduction - On September 10, 2024, the US Court of Appeals for the Third Circuit decided in In re Hertz that although make-whole fees are unmatured interest typically disallowed by section 502(b) of the Bankruptcy Code, a...more

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