General Business Updates

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Controversial 60 Minutes Segment on “Drive-By” ADA Lawsuits Highlights Negative Aspect of the Law

Seyfarth Synopsis: Here’s our take on Sunday’s 60 Minutes episode on “drive-by” abusive ADA Title III lawsuits and the legislative efforts to address them. 60 Minutes aired a segment about ADA Title III “drive-by”...more

How fintech deals are reshaping financial services

As fintech takes a prominent role in the financial services industry, major institutions are looking to capitalise on innovation by working with the most ambitious and brightest startups. In much the same way that...more

Protecting an Interest in a Ground Lease – A Lender’s Perspective

Lenders are often asked to provide financing secured by a leasehold interest in land evidenced by a ground lease. A ground lease is an agreement between the fee owner of real estate (the ground lessor or landlord) and its...more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more

Navigating Connected Cars in 2017

It’s a fact: today’s marketplace has given connected cars the green light. As an OEM or supplier accelerating to create products to meet industry demand, what challenges can you anticipate in 2017? Here’s one area we think...more

Director of Manufacturing Policy Initiative Sought

Indiana University’s Manufacturing Policy Initiative (Initiative) has announced a candidate search for the first full-time Director of the Initiative. The Manufacturing Policy Initiative seeks to analyze how public policies...more

Dole’s “All Natural” Description On Certain Fruit Products Could Mislead Reasonable Consumers

A recent decision from the Ninth Circuit has highlighted the uncertainty that exists in the food product market about the use and definition of “All Natural” in labeling and advertising. In Brazil v. Dole Packaged Foods,...more

ECON Agrees Compromise Amendments to STS/Risk Retention

The European Parliament’s Committee on Economic and Monetary Affairs (“ECON”) has today agreed compromise amendments (the “Compromise Amendments”) to the proposed EU regulation intended to lay down common rules on...more

Your Daily Dose of Financial News

A NY state court threw out Ace Decade Holdings’ suit against UBS accusing the Swiss lender of fraud for its $500 million investment loss in a Chinese company. The court found that jurisdictional issues plagued plaintiff’s...more

Supreme Court Lowers Burden in Insider Trading Prosecutions

On December 6, 2016, the U.S. Supreme Court issued its first insider trading decision in nearly two decades unanimously affirming the Ninth Circuit and holding that an insider’s “gift” of confidential information to a...more

OCC Proposes to Grant National Bank Charters to Financial Technology Companies

For the first time, the Office of Comptroller of Currency (OCC) will allow financial technology (fintech) companies to apply for national bank charters. The OCC has invited public comment on the concept with a deadline for...more

I Believe in Father Christmas and Internal Controls for Gifts in the Holiday Season

Rock and roll heaven got another power player this week as Greg Lake died on December 7th. He was one-third of the greatest prog rock trio Emerson, Lake & Palmer (aka ELP). With apologies to Patrick Hays and all you...more

The “French Bribery Act” That is Soon to be Enacted

The last version of the “French Bribery Act” gives more shape to the new provisions of the law and confirms that it contemplates to substantially change the legal anti-corruption scope in France. Since March 2016, French...more

OCAC Publishes Report on Voluntary Disclosure Program

The Offshore Compliance Advisory Committee (OCAC) has published its report on the CRA’s Voluntary Disclosure Program, the first of several anticipated OCAC reports in furtherance of the OCAC’s mandate to provide advice to the...more

FTC Complaint Made Against Genesis Toys and Nuance Communications

On December 6, 2016, The Electronic Privacy Information Center, The Campaign for a Commercial Free Childhood, The Center for Digital Democracy and Consumers Union filed a Complaint and Request for Investigation, Injunction...more

Court Order to U-Haul: Haul Your Non-Compete Clauses Out of California

A California appellate court recently upheld a permanent injunction in Robinson v. U-Haul Company of California barring U-Haul from enforcing its non-compete covenants in California. U-Haul also was required to pay over...more

Going the Distance: The Expanding Lifecycles of Private Equity Funds

The lifecycles of private equity (PE) funds are lengthening as managers continue to seek longer fundraising periods. This is due to a number of factors, including increases in due diligence and holding periods for investments...more

Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

Hot Topics in Commercial Real Estate Winter 2017

Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on November 29, 2016. We hope that you found the...more

Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation...more

General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

In Advent v. National Union Fire Ins. Co., etc. (No. H041934 filed 12/6/16), a California appeals court refused to order a subcontractor’s excess insurer to contribute to a general contractor’s excess insurer because the...more

The Supreme Court Restores Implied Benefit Theory in Insider Trading Prosecutions of Downstream Tippees

Friends and relatives of corporate insiders who knowingly receive and trade on inside information now confront greater exposure for federal securities laws violations. On December 6, 2016, the Supreme Court held in United...more

Alert: What is Really Going on with the FCC’s Broadcast Incentive Auction?

If you follow the broadcast or wireless industries, you know that the Federal Communications Commission ("FCC") is conducting the world's first dual-sided spectrum auction. In the auction, television broadcasters participate...more

Big Regulatory Changes in Store for Funds and Advisers? No One Knows for Certain, but Here’s Our Best Guess

While no one knows for sure what the future holds for investment management regulation, the tea leaves indicate that we may expect a slowdown on new regulations, some pullback on parts of the Dodd-Frank Wall Street Reform and...more

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner...more

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