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Bradley Arant Boult Cummings LLP

With Friends Like These…Exercise Caution When Adding New Business Partners

Money talks when the majority owners of private companies add new business partners who contribute additional capital. When these investors are high-powered PE firms or high-profile companies, with large balance sheets and...more

A&O Shearman

UK Financial Conduct Authority Publishes the Findings of Its Culture and Non-Financial Misconduct Survey

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The U.K. Financial Conduct Authority has published the findings from its non-financial misconduct survey. The survey, sent to 1,028 wholesale banks, brokers and insurance firms in February, aimed to examine how firms detect...more

A&O Shearman

UK Financial Conduct Authority Publishes Portfolio Letters Setting Out Key Concerns and Priorities for 2025

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The U.K. Financial Conduct Authority has published a series of portfolio letters it has sent to: (i) lifetime mortgage providers, which includes firms that provide lifetime mortgages, home reversion and later life lending...more

Best Best & Krieger LLP

Commercial Leasing Changes You NEED to Know Starting January 1, 2025

In 2019, the California State Legislature enacted the Tenant Protection Act, aimed at protecting long-term residential tenants by limiting rent increases and restricting evictions. To date, statewide tenant protections have...more

Axinn, Veltrop & Harkrider LLP

Takeaways from the FTC’s Victory in the Tapestry/Capri “Accessible Luxury Handbags” Merger Challenge

Many observers viewed the FTC’s case challenging the Tapestry/Capri merger based on a relevant product market of “accessible luxury handbags” with skepticism. The market definition seemed (and still seems) gerrymandered to...more

Allen Matkins

What About Acts By Members That Are Not Apparently For Carrying On In The Ordinary Course Of An LLC's Business?

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California's version of the Revised Uniform Limited Liability Company Act provides that in the case of a member managed limited liability company provides...more

K&L Gates LLP

Franchising Code Reforms: Exposure Draft Released

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The Australian government has released an Exposure Draft of the Competition and Consumer (Industry Code – Franchising) Regulations 2024 (Cth) (the Exposure Draft), which would repeal and replace the current Franchising Code...more

Oberheiden P.C.

Insulin Overpricing Lawsuits: 6 Things to Know

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Anyone who needs insulin to treat diabetes knows that the cost of the drug has skyrocketed in the last few years. The reason for the sharp increase seems to be simple: corporate greed. Recently, though, the high price of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Two Florida Statutes That May Be Applicable to Your Business When Executing or Renewing a Contract with a Government...

Government entities are subject to strict regulation and reporting requirements when contracting with vendors. Florida statutes often require affidavits from vendors as a condition precedent to contracting with government...more

A&O Shearman

The Second Circuit Revives Exchange Act Claims Against Outside Auditor, Finding Alleged Misstatements In Audit Certification To Be...

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On October 31, 2024, the United States Court of Appeals for the Second Circuit revived claims brought under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10b-5 against an outside auditor (the...more

A&O Shearman

Delaware Court Of Chancery “Barely” Sustains Claims Challenging Representations About Value Of SPAC Shares

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On October 18, 2024, Vice Chancellor Glasscock of the Delaware Court of Chancery declined to dismiss a putative class action brought by stockholders of special purpose acquisition company (“SPAC”) Mountain Crest Acquisition...more

King & Spalding

Eighth Circuit Voids $564 Million Jury Verdict, Finding Bank Was Entitled to Raise Equitable Defense Against Bankruptcy Trustee

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On September 12, 2024, the U.S. Court of Appeals for the Eighth Circuit nixed a $563 million jury verdict against BMO Harris Bank involving claims that the bank aided and abetted a multibillion-dollar Ponzi scheme, ruling...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Services Firms: Federal Court Addresses Dispute Arising Out of Joint Marketing Agreement

A United States District Court (N.D. Ohio) (“Court”) in an October 14th Order addressed a dispute arising out of a Confidentiality and Non-Disclosure Agreement (“NDA”) and Memorandum of Understanding (“MOU”) involving two...more

Proskauer - Labor Relations Update

New York City to License Hotels: What You Need to Know

On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct...more

Sheppard Mullin Richter & Hampton LLP

Campaign Promises to Address Rising Prices at the Grocery Store Signal Stronger Price Gouging Investigations, Enforcement Actions,...

Republican and Democrat candidates alike have promised along the campaign trail that they will work to address the costs of everyday essentials for American consumers, particularly for food. One of the centerpieces of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

Sheppard Mullin Richter & Hampton LLP

Court Dismisses AI Scraping Claim, But Grants Leave to Amend

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more

A&O Shearman

Germany: Immediate dismissal of board member for email forwarding to personal account

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During an investigation, it is not uncommon to discover that an individual has forwarded business emails to their private email address. This ruling from the Higher Regional Court Munich shows the potential implications of...more

Foley Hoag LLP - Environmental Law

In the Void Left by Congress's Failure to Address Plastic Pollution, More Litigation Such as This Is Inevitable

Last November, I posted about litigation filed by New York State Attorney General Letitia James, asserting public nuisance and other claims against PepsiCo concerning contamination of the Buffalo River. At the time, I...more

Sands Anderson PC

Lawsuit Claiming Fraud Commenced Five Years Too Late: Investors Beware.

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In Zeng v. Wang, the Court of Appeals of Virginia reminded practitioners of a couple important lessons. Here are two of them. First, investors should read and understand the fine print of any prospectus before signing on the...more

Katten Muchin Rosenman LLP

Warby Parker Prevails Against 1-800 Contacts in Keyword Advertising Dispute - Kattison Avenue | Issue 13

In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The...more

Kohrman Jackson & Krantz LLP

When Are Pending Trademark Applications Subject to Court Review?

Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in...more

PilieroMazza PLLC

SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe

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On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on...more

MoginRubin LLP

Companies Tend to Abandon or Restructure Deals Rather Than Fight the Feds, Agencies Report

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Government credits HSR pre-merger notification program with halting anticompetitive deals. Companies planning mergers and acquisitions tend to avoid challenging the Federal Trade Commission and the Department of Justice’s...more

Katten Muchin Rosenman LLP

No Confusion From Keywords: Federal Courts of Appeals Help Defendants Facing Trademark Suits on Paid Search - Kattison Avenue |...

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While not precedent-breaking,...more

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