News & Analysis as of

Agents

Some Control Is Just Fine: Ninth Circuit Upholds Independent Contractor Status in Jones v. Royal Admin. Servs.

Just the other week, in Jones v. Royal Admin. Servs., the Ninth Circuit reaffirmed the federal common law standard for distinguishing agents from independent contractors and upheld the independent contractor status of...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

Top 7 Reasons Why Websites Need a DMCA Agent

by Jaburg Wilk on

The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and...more

Agents Under Power of Attorney – Where Will You Get Hauled Into Court?

by Bryan Cave on

Powers of attorney can be matters of convenience or matters of necessity – the principal either doesn’t want to do something or the principal can’t do something. For the agents under a power of attorney, allowing yourself to...more

Agents Convicted for Smuggling Cuban Baseball Players

by Jackson Lewis P.C. on

The criminal conviction of two sports agents for smuggling Cuban baseball players into the United States in an attempt to sign them to lucrative contracts serves as a reminder for agents, potential agents, and everyone else...more

Professor Bainbridge On My “Beef” With Gantler v. Stephens

by Allen Matkins on

Professor Stephen Bainbridge yesterday provided a well considered assessment of my “beef” with the Delaware Supreme Court’s holding in Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009) that “the fiduciary duties of officers...more

Why An Understanding Of Officers As Agents May Be Important

by Allen Matkins on

In several recent posts, I have noted that officers, unlike directors, are agents of the corporation. Recognizing the agency status of officers can affect the legal analysis in a number of significant ways, including...more

What The Delaware Supreme Court Overlooked In Gantler v. Stephens

by Allen Matkins on

I have never been reconciled to the Delaware Supreme Court’s pronouncement in Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009) that “the fiduciary duties of officers are the same as those of directors”. Officers are, as...more

States Pass "Digital Assets" Legislation

by White & Case LLP on

Financial transactions are increasingly occurring online. Many of us pay bills electronically, or have them automatically charged to credit cards or debited from checking accounts. Many of us also receive asset and credit...more

Does An LLC Maintain Its Records At Its Designated Office When They Are In The Cloud?

by Allen Matkins on

Section 17701.13 of the California Corporations Code requires that a limited liability company designate and continuously maintain in California both an office and an agent for service of process. The office need not be a...more

Iowa Supreme Court: So-Called “Shuttle Diplomacy” May Violate Open Meeting Law

by Dorsey & Whitney LLP on

This is the first part in a three part series exploring important changes to Iowa’s open meeting law. Iowa’s open meeting law seeks to ensure that the basis and reasoning for governmental decisions are easily accessible...more

Historic Bribery Of Agents Of Foreign Principals Will Not Go Unpunished

by Allen & Overy LLP on

Bribery of an agent or official of a foreign body has been a crime in the UK since 1906. Previous uncertainty had led to amendments in 2002 to clarify the foreign scope of bribery offences. However, the case of R v Ail, GH &...more

Guide To Doing Business in Australia and New Zealand (Mandarin version)

This publication has been prepared to provide an overview to foreign investors and business people who have an interest in doing business in Australia and New Zealand. The material in this publication is intended to provide...more

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

by McDermott Will & Emery on

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

Successful Strategies for Doing Business in Asia: Taiwan (Updated)

WHAT ROLE WILL THE GOVERNMENT OF TAIWAN PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Three types of Taiwan government approval requirements may be relevant to direct foreign investment in Taiwan: •...more

Successful Strategies for Doing Business in Asia: Singapore (Updated)

1. WHAT ROLE WILL THE GOVERNMENT OF SINGAPORE PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? REGISTRATION REQUIREMENT - Save for the restrictions discussed under Question 5, there is generally no...more

Officers And The Internal Affairs Doctrine

by Allen Matkins on

My guess is that most attorneys would say that the duty of an officer to the corporation are governed by the law of the state of incorporation under the “internal affairs doctrine”.  As explained by the U.S. Supreme Court,...more

Successful Strategies for Doing Business in Asia: Korea (Updated)

WHAT ROLE WILL THE GOVERNMENT OF KOREA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? The Korean government takes an active, investor-friendly role in approving and regulating foreign direct investment....more

Court Poised To Decide Whether Directors Are Agents

by Allen Matkins on

Not quite four years ago, I wrote about whether directors are agents. The post was prompted by then Chancellor William B. Chandler III’s assertion...more

Successful Strategies for Doing Business in Asia: Japan (Updated)

WHAT ROLE WILL THE GOVERNMENT OF JAPAN PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Generally speaking, foreigners can conduct business in Japan on an equal legal footing with Japanese citizens. The...more

IRS Treats U.S. Fund Manager as Agent of Foreign Investor – Subjecting Investor to US Trade or Business Taxation

by Goulston & Storrs PC on

In CCA 201501013, the IRS found that an offshore fund making loans to U.S. borrowers was engaged in a U.S. trade or business where multiple loans owned by the fund were originated by an agent of the fund. This conclusion is...more

California Adds Limited Agent of A Payee Exemption to Its Money Transmitter Licensing Requirement; Relaxes “Right To Refund”...

by Davis Wright Tremaine LLP on

Following an extended period of public comment and modifications to the bill beginning in March of 2013, the California legislature recently amended its Money Transmission Act to exempt from licensure companies that process...more

The General Counsel Is Not The Shareholders’ Agent

by Allen Matkins on

A recent paper by Adair Morse, Wei Wang, and Serena Wu, Executive Gatekeepers: Useful and Divertible Governance, tackles interesting questions about the the effectiveness of internal gatekeepers and the impact of equity...more

Domino’s Delivers Key Ruling in Favor of Franchisors

The California Supreme Court recently issued an important victory for franchisors, finding that a franchisor does not stand in an employment or agency relationship with the franchisee and its employees for purposes of holding...more

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