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Is Arizona Putting a Chill on Freeze-Out Mergers?

Dealing with – or being – a minority shareholder can be problematic, and friction between majority and minority owners is not uncommon. The majority owner may find itself hamstrung in its efforts to conduct business by the...more

The Regulatory Lines Between Vaping and Cigarettes Are About to Narrow Again—Here’s What You Need to Know About the Updated PACT...

Anyone involved in the vaping business, or anyone who does business with the vaping industry, needs to be aware of big changes in federal law taking effect this month. On March 27, 2021, the “Preventing Online Sales of...more

Healthy Habits for You and Your Company: File Your Annual Reports, Replace Your Air Filters, and Renew Your DMCA Agent...

Businesses and people alike each have recurring routine tasks they need to perform to stay in good shape. Every year we prepare corporate filings, undergo our necessary medical examinations, and file our taxes.1 And starting...more

Are Your Influencers Doing Enough to #Disclose Their #Endorsements? Here's What You Should Know About the FTC's New Disclosure...

Earlier this month, the Federal Trade Commission published a new endorsement guide aimed at helping social media influencers understand their disclosure obligations under federal advertising law. If you’re at all involved in...more

LEGAL ALERT: The Arizona Supreme Court Declares That LLC Members and Managers Have a Common Law Fiduciary Duty to Their LLC

On June 25, 2019, the Arizona Supreme Court released its opinion in Sky Harbor v Patel, to answer some long-standing questions about the duties that LLC members and managers have to their LLC under Arizona common law. The...more

State Court, Federal Court, and the Court of Public Opinion—the New Developments That Are Causing Some Companies to Reconsider...

It’s no surprise that many employers include mandatory arbitration provisions in their employment agreements. Agreements to arbitrate continue to be upheld in courts and the arbitration process can be faster, less expensive,...more

A New Player Joins the Battle – The AFL-CIO Throws Its Support Behind Game Development Employees And Urges Them To Form A Union

This article is a follow-up to my January 30, 2019 article on the rising desire amongst videogame industry employees to become union-represented. UPDATE – On Friday, February 15, 2019, the AFL-CIO, the largest federation...more

Nearly Half of the Videogame Industry Wants to Form A Union—Can Game Development Companies Avoid This Boss Fight?

It’s a secret to nobody that the games industry has evolved into a huge economic and corporate force. The global games market, valued at $134 billion in 2018, continues to grow steadily with no signs of slowing down. But even...more

Learn from the Orcs: Lessons that Cryptocurrency Should Take from the Recent European Rulings that Video Game Lootboxes Can...

The biggest Star Wars story at the end of 2017 was the release of The Last Jedi in theatres. But another Star Wars story from that timeframe may have a larger impact on the world (no, I’m not talking about the upcoming Solo...more

Breaking A Sticker Doesn't Break Your Warranty: How The FTC Is Taking Aim At Manufacturers of Game Consoles, Electronics and...

We’ve all seen them: hard-to-remove stickers that say, “Warranty void if removed,” or “Tampering with this sticker voids the warranty.” Or perhaps a company states or implies that your use of a third-party repair service will...more

Summary and Analysis of the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion affecting the Migratory...

This article is a follow-up to our January 29, 2018 article which discussed the United States Solicitor’s December 22, 2017 Memorandum Opinion, M-37050 (the “M-Opinion”). To provide a quick recap of that article, the...more

Scalpel or Machete? A Look at How the White House Wants to Cut Back the Environmental Permitting Process

In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more

Bye, Bye Birdie: Summary and Analysis of the Trump Administration's Recent Policy Change of the Migratory Bird Treaty Act

I. Background - Just over a month ago, on December 22, 2017, the United States Solicitor’s office issued a Memorandum Opinion (referred to herein as the “M-Opinion”) reversing the Obama-era policy of interpreting the...more

A Picture of a Chipmunk is Worth a Thousand Words—and about $2,000. Did You Know Your Choice of Emoji Can Have Legal Consequences?

Technology moves fast. The law…does not. Our legal system relies on history and precedent, and so it takes time (sometimes a lot of time) before judges and lawyers can figure out how to shoehorn new technology into existing...more

6/9/2017  /  Bad Faith , Emoji , Landlords

A New Decision Under the False Claims Act Could be of Great Help to the Healthcare Industry

When it comes to the False Claims Act, the government usually wins, but a recent decision should provide the healthcare industry with a rare sigh of relief. The opinion in United States v. AseraCare Inc.1 acknowledges the...more

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