News & Analysis as of

Business Model

Sheppard Mullin Richter & Hampton LLP

Regulators Ramp up Scrutiny of Games’ Business Models

On August 28, the CFPB issued a Consumer Advisory warning that it believes video game companies are targeting children for monetary gain. With 45.7 million U.S. children engaged in video gameplay, the agency is concerned...more

Goodwin

FDIC Approves ILC With Traditional Bank Business Model (But Don’t Rush To Submit Your Application Just Yet)

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An industrial bank or industrial loan company (each, an ILC) charter can be an attractive option for a financial technology company (fintech) or other company seeking to enter the banking space. In June 2024, the Federal...more

Poyner Spruill LLP

How the Republic Bank Collapse Compares to Other Recent Failures

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First Republic vs Republic First: A Comparison - First Republic’s Troubles - First Republic, which had been supervised by the FDIC since 2018 and received largely positive examination ratings throughout, was...more

Vinson & Elkins LLP

Takeaways From the Delaware Court of Chancery’s First Dismissal of MultiPlan-style SPAC Challenge

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Since the Delaware Court of Chancery’s January 2022 decision in In re MultiPlan Corp. Stockholders Litigation,1 plaintiffs in Delaware had enjoyed a long and unbroken string of motion to dismiss victories in suits alleging...more

KPMG Board Leadership Center (BLC)

Board oversight of GenAI

Like few topics before it, generative artificial intelligence (GenAI) has dominated discussions in many C-suites over the last year. Boards are playing a crucial role in both encouraging management to accelerate the pace of...more

Verrill

Running a Sweepstakes Because "That's Where the Money Is" (What if Running a Sweepstakes is Your Primary Business)

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“Slick Willie” Sutton knew why he robbed banks – “Because that’s where the money is.” Likewise, there is money to be made in running sweepstakes. The question arises for the intrepid entrepreneur – why not just sell anything...more

McDermott Will & Emery

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy...more

Fenwick & West LLP

NAIC Forms Third-Party Data and Models Task Force and Proposes 2024 Charges and Work Plan

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At the recent National Association of Insurance Commissioners (NAIC) meeting in Phoenix, Arizona (March 14–18), a new Third-Party Data and Models Task Force (Task Force) was created. The charges of the Task Force are twofold....more

King & Spalding

The New EU Corporate Sustainability Reporting Directive: What Does It Mean For Non-EU Companies?

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The new EU Corporate Sustainability Reporting Directive (“CSRD”) is set to revolutionize ESG reporting for companies around the world. Certain large EU companies are already conducting double materiality assessments and...more

Spirit Legal

What’s Your Face Worth to You?

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Human face is the new oil? The market was always about the creation of value. About the production of goods and offering of services in exchange for money. Now, the word ‘good’ usually serves to describe things, whether...more

Foley & Lardner LLP

Operating in Today’s Investor-Friendly Environment

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Pitchbook recently released deal-level data looking at how investor-friendly or startup-friendly the current capital raising environment is. Their VC Dealmaking Indicator looks at various factors to create indicator values –...more

Fisher Phillips

California Franchise Owners Beware: State Cracking Down on Use of Business Model to Avoid Higher Minimum Wage Pay

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A recent multimillion dollar wage theft citation against a California franchise operation should put fast-food businesses and other franchise models on notice that your business model could be the next target. The California...more

Levenfeld Pearlstein, LLC

2023 Accounting Firm Industry Insider Series: Key Takeaways from In-Depth Conversations with Managing Partners (Part 2)

The accounting industry is in a state of transition. The pandemic, remote/hybrid work, and the influx of private equity have all impacted accounting firms to varying degrees. To better understand the landscape of the...more

Mintz

The SJC Shocks Financial Services Industry by Taking Victory Away from Robinhood and Giving it to the Secretary of State

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In a widely anticipated decision, the Massachusetts Supreme Judicial Court unanimously upheld the Massachusetts Fiduciary Duty Rule, which imposes a fiduciary duty standard on Massachusetts broker-dealers. The high Court’s...more

LawVision

Look to Firm Strategy for Guidance in Preparing Next Year’s Client Development Budget

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It’s budget season – one of the toughest times for law firm client development leaders because they are asked to allocate a finite amount of dollars across a seemingly limitless range of possibilities. The job is made even...more

Foley & Lardner LLP

Positioning for the Exit at the Entrance

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Startup founders are constantly seeking ways to gain a competitive edge and secure their place in the market, including positioning their company as an attractive acquisition target from the very beginning. While building a...more

Benesch

Dialysis & Nephrology Digest - August 2023

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NY non-compete ban still receiving pushback as Governor waits to sign off - While NY Governor Kathy Hochul waits to sign off on one of the country’s toughest bans on non-compete agreements, many lobby groups from the...more

LawVision

Here We Go All Over Again… Or Not

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The legal industry has been on the verge of either “ending as we know it,” or being forced to endure massive change, every five to ten years since at least the 1980’s. Consider some of the history:...more

Jaburg Wilk

Happiness Comes From Giving of Yourself

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Happiness is a deeply fulfilling and enriching emotion that can be attained through various means, but one of the most profound sources of happiness is found in giving of yourself. When you extend your kindness, generosity,...more

Bass, Berry & Sims PLC

Department of Defense Issues First Update Since 2018 to Other Transactions Guide

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On July 8, the Department of Defense (DoD) Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD (A&S)) announced its first update to the Other Transactions (OT) Guide since November 2018. The DoD OT...more

ArentFox Schiff

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

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In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more

Latham & Watkins LLP

Nature Action 100 Gives First Insight Into Engagement Priorities With Companies

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NA100 aims to propel corporate action on natural capital through investor engagement similar to the work of initiatives like Climate Action 100+. On June 26, 2023, the Secretariat and Launching Investor Group behind...more

LawVision

What to Make of Today’s Legal Economics

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Wherever the crowd goes, run in the other direction. They are always wrong. Charles Bukowski For many, today’s economics are confusing. Inflation is higher than Fed targets and remains sticky, but unemployment remains low,...more

Smith Anderson

Key Regulatory Considerations for Direct Pay and Concierge Models in Family Medicine

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As the health care industry continues to evolve at a rapid pace, many family physicians are exploring innovative practice models, including concierge and direct pay care. These models have gained traction in primary care in...more

Bennett Jones LLP

Crypto-Asset Trading Platforms React to Increased Scrutiny and New Guidance from the Canadian Securities

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On April 12, 2023, the Canadian Securities Administrators (CSA) announced that certain unregistered crypto-asset trading platforms (CTPs) operating in Canada had filed an enhanced pre-registration undertaking (PRU) with their...more

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