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General Business Updates

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Is the Federal Circuit’s Holding that the Presumption Against Extraterritoriality Making Unavailable Damages Based on a Patentee’s...

by Womble Bond Dickinson on

Case at a Glance: The Court will consider whether the text of 35 U.S.C. § 271(f) imposes liability on those supplying from the United States components of a patented invention “in such a manner as to actively induce the...more

Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially

by Jones Day on

The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to...more

Hotel Management Agreements

by DLA Piper on

One cannot discuss the evolution of hotel management agreements (HMAs) without rst talking about the separation of hotel ownership and hotel operations; a transformation of the major chains’ business models, more commonly...more

OTA & Travel Distribution Update - Australian authorities confirm renewed interest in parity provisions; Singapore opens...

by Garvey Schubert Barer on

Australian Authorities Confirm Renewed Interest in Parity Provisions - ("Online Booking Clauses Still Cause for Concern for Australian Competition Authority," MLex, April 11, 2018) (subscription required) - Speaking...more

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

by Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

by Jones Day on

The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

Proposed Federal Philadelphia Energy Solutions Consent Decree: March 26th Petroleum Motor Fuel Trade Association's Objections

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF Three national trade associations filed with the United States Department of Justice...more

Minor Changes to Business Do Not Allow New Owner to Ignore Existing Union Representation

When a buyer considers acquiring the assets of a unionized employer, the union’s status post-acquisition often becomes an important business consideration for pursuing the deal. In most situations, the buyer incorporates...more

EU Competition Newsletter - April 2018

by Bryan Cave on

Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more

Are You Ready for Mandatory Breach Reporting and Notification?

by Bennett Jones LLP on

Almost three years after the Digital Privacy Act was passed, the federal government has finalized regulations on mandatory breach notification, reporting, and recordkeeping for the private sector in Canada. The regulations...more

China’s Intervention Against Vertical Agreements

by Shearman & Sterling LLP on

On December 9, 2016, the PRC National Development and Reform Commission (NDRC) handed down its decision against medical device company Medtronic for having concluded and implemented a vertical monopoly agreement by...more

Fox News Executive Not a Faithless Servant, Despite Allegations of Sexual Harassment

by Farrell Fritz, P.C. on

In a recent Commercial Division decision, Pozner v Fox Broadcasting Company, (2018 NY Slip Op 28102 [Sup Ct, NY County Apr. 2, 2018]), Justice Saliann Scarpulla declined to extend the application of the faithless servant...more

Vertical Agreements in the Online Sales of Goods

by Shearman & Sterling LLP on

The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more

Countdown to Cannabis Legislation: Cannabis Regulation in Canada's Territories

by Field Law on

Canada's plans for cannabis legalization are slowly rolling into focus. While many of the details of the regulatory framework are still under review, it is clear that the approach to regulation taken by the Provinces and...more

"Going International – A Primer for the Global Economy in Ten Questions"

The global economy has created an increasingly challenging phenomenon of cross-border enforcement. By way of recent example, how does Brazil fine US-based Facebook $33 million for supposed failure to produce documents from...more

SEC Proposes Rules Addressing Broker-Dealer and Investment Adviser Standards of Conduct

by Dechert LLP on

On April 18, 2018, the U.S. Securities and Exchange Commission (SEC) voted 4-1 to propose a package of rules and interpretations (Proposals) intended to improve the retail investor experience and to provide greater clarity...more

Iowa Amends Provisions Regarding Mortgage Releases

by Weiner Brodsky Kider PC on

The state of Iowa has amended several of its provisions relating to mortgage releases. These provisions take effect on July 1, 2018....more

On the financial services horizon

by DLA Piper on

A five minute roundup of upcoming cases and anticipated regulatory developments of interest to the financial services sector. Welcome to the eighth edition of our On the Financial Services Horizon newsletter – a regular...more

GDPR’s Most Frequently Asked Questions: What Does “Large Scale” Mean When Determining Whether A Data Protection Officer Is...

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

Year Two of Trump Antitrust Merger Enforcement: What to Expect in 2018

On April 4, 2018, Skadden hosted a webinar titled “Year Two of Trump Antitrust Merger Enforcement: What to Expect in 2018.” The Skadden panelists were antitrust/competition global head Steven C. Sunshine and...more

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Manufacturing Sector Getting Hit with Cyber-Attacks: Portable Oxygen Device Manufacturer Notifies 30,000 Patients of Breach

Inogen, which manufactures portable oxygen devices, has alerted the Securities and Exchange Commission in a recent filing that it is notifying 30,000 individuals that their personal information was compromised when a hacker...more

Orrick's Financial Industry Week In Review

ECB Publishes Opinion on Proposed Regulation Amending EBA Regulation - The European Central Bank ("ECB") published an opinion (CON/2018/19) (dated April 11, 2018) on a proposed Regulation amending (among other things) the...more

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