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Bennett Jones LLP

B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

Bennett Jones LLP on

Whether a strata corporation has the standing to bring representative Real Estate Development Marketing Act, SBC 2004, c 41 (REDMA) claims on behalf of owners has been a long-standing issue in strata property law. The B.C....more

Allen Matkins

California May Soon Define "Corporation" To Include That Are Not Corporations

Allen Matkins on

The California Corporations Code is a misnomer.  While the Corporations Code does in fact govern corporations, it also governs a wide variety of unincorporated entities, including general partnerships, limited partnerships,...more

A&O Shearman

Your Data Act queries answered: the European Commission publishes FAQs

A&O Shearman on

On 6 September 2024, the European Commission published a set of frequently asked questions (FAQs) on Regulation (EU) 2023/2854 on Harmonised Rules on Fair Access to and Use of Data (the Data Act). More detail can be found in...more

Paul Hastings LLP

California Privacy Protection Agency (CPPA) to Businesses: Avoid Dark Patterns

Paul Hastings LLP on

On September 4, 2024, the California Privacy Protection Agency (CPPA) issued an Enforcement Advisory on the importance of avoiding dark patterns. As we have previously written, dark patterns were first addressed in detail in...more

Proskauer - New Media & Technology

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

Freiberger Haber LLP on

In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

Jenner & Block on

In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

Sheppard Mullin Richter & Hampton LLP

CFPB Cracks Down on Credit Services Provider for Gouging and Trapping Consumers

On September 13, the CFPB filed a complaint against a nonbank corporation and its CEO, alleging that the company engaged in deceptive and abusive acts through misleading advertising and unjustified, exorbitant fees related to...more

Holland & Knight LLP

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

Holland & Knight LLP on

California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should...more

Lathrop GPM

Ohio Appellate Court Reverses Summary Judgment Holding Regarding Applicability of Area Representative Agreement to Individuals

Lathrop GPM on

An Ohio appellate court, reversing a summary judgment decision, recently held that the “full-time efforts” section of an Area Representative Agreement was applicable only to the area representative entity and not the...more

Allen Matkins

Is Your Directors And Officers Liability Coverage Illusory?

Allen Matkins on

Many corporations pay significant amounts for directors and officers liability policies.  Commonly referred to as D&O policies, these policies usually involve three sides.  Directors and officers are likely to have the most...more

Lathrop GPM

Michigan Federal Court Grants Franchisor’s Motion for Preliminary Injunction Against Former Restoration Service Franchisee

Lathrop GPM on

A federal court in Michigan has granted a franchisor’s motion for preliminary injunction against former franchisees for violating the franchise agreements’ post-termination noncompete provisions. 1-800 Water Damage Int’l LLC...more

Burr & Forman

That’s the Way the Cookie Crumbles

Burr & Forman on

Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

Maynard Nexsen

SBA Proposes to Amend its Negative Control Rule, Which Could Have Major Implications for Small Businesses and Minority Shareholder

Maynard Nexsen on

Recently, the Small Business Administration ("SBA") issued a proposed rule, which could significantly alter the status quo for permissible negative control. Impacted small businesses and their minority shareholders and...more

BakerHostetler

Certain New York Retailers Must Now Establish Workplace Violence Prevention Programs

BakerHostetler on

New York recently enacted the Retail Worker Safety Act (RWSA), which takes effect on March 4, 2025, requiring certain retail employers to develop and implement protocols aimed at preventing violence in the workplace. Among...more

Rumberger | Kirk

Incident Response: Today’s Actions Impact Tomorrow’s Lawsuit

Rumberger | Kirk on

Success in defending against a personal injury lawsuit starts with the business’s response to the injury-inducing event. Personal injury lawsuits often turn on evidence that is created at the scene of the alleged injury. A...more

Foley & Lardner LLP

What Every Multinational Company Should Know About ...“Made in USA” Labeling Requirements

Foley & Lardner LLP on

Many Americans value domestically made goods. A “Made in USA” label can hold special meaning for these consumers, as it serves as a symbol of patriotism, a sign of quality craftsmanship, and a show of solidarity with local...more

A&O Shearman

UK Payments Regulator Consults on Reducing Maximum Level of Reimbursement for APP Scams

A&O Shearman on

Following feedback from industry and other stakeholders, the Payments Systems Regulator published a consultation paper on reducing the maximum level of reimbursement for the Faster Payments APP fraud reimbursement limit from...more

A&O Shearman

UK Financial Conduct Authority Reports on Payment Account Access and Closures

A&O Shearman on

This new report sets out four thematic findings from the follow-up work the FCA has carried out, which are as follows: The FCA summarizes its expectations of payment account providers, including in respect of the Consumer...more

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

Ward and Smith, P.A. on

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Allen Matkins

SEC Settles More Rule 21F-17(a) Cases, But Has It Exceeded Its Authority?

Allen Matkins on

In a blog post this morning, Liz Dunshee notes that the Securities and Exchange Commission has recently announced the settlement seven more cases involving Rule 21F-17(a), which provides...more

Foley & Lardner LLP

No More Chevron Deference: What Does This Mean for Employers?

Foley & Lardner LLP on

From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

Farrell Fritz, P.C.

Conditional Grants of Membership Interests Are a Roadway to Courtroom Conflict

Farrell Fritz, P.C. on

In the world of business divorce litigation, this summer saw everything but a slowdown.  We witnessed (and blogged about) Justice Crane cap a long-running fair value proceeding with helpful guidance on appraisals and...more

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...more

White & Case LLP

CFIUS Announces Enforcement Updates, Including Details on Large Penalty Assessments

White & Case LLP on

The Committee on Foreign Investment in the United States (CFIUS or the Committee) has launched a new CFIUS Enforcement webpage, highlighting the Committee's heightened focus on "increasingly exercising its enforcement...more

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