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Jones Day

New Jersey Bankruptcy Court: Motion Not Necessary to Assume Unexpired Lease

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The ability to assume, assume and assign, or reject executory contracts and unexpired leases is a power central to ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to maximize the value of the estate...more

Troutman Pepper Locke

2025 DGCL Amendments Take Effect, Introducing Sweeping Safe Harbor Provisions for Conflict Transactions

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On March 25, 2025, sweeping changes to the Delaware General Corporation Law (the DGCL) took effect (the amendments). The amendments introduce new “safe harbor” provisions designed to cleanse conflict transactions involving...more

Jones Day

Delaware Restores Balance and Provides Greater Certainty for Fiduciaries and Stockholders Alike

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On March 25, 2025, Delaware enacted amendments to the Delaware General Corporation Law ("DGCL") that provide much-needed clarity, promote predictability for the benefit of stockholders and fiduciaries alike, and appropriately...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2025 #4

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GSA to Oversee Federal Purchasing: A Step Toward Efficiency or a Challenge for Agencies and Contractors? On March 20, 2025, President Trump signed an executive order to consolidate federal procurement under the General...more

Jones Day

Uptiers in 2025: Impact of the Serta and Mitel Decisions on Liability Management Exercises

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Late last year, the U.S. Court of Appeals for the Fifth Circuit and the Appellate Division of the Supreme Court of the State of New York issued important rulings regarding the validity of uptier “liability management...more

Allen Matkins

Is Registration As A Foreign Corporation A Form Of Compelled Consent?

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Not too long ago, I wrote about a bill that is currently pending in the Nevada legislature, AB 158.  This bill would authorize Nevada courts to exercise general personal jurisdiction over entities on the sole basis that the...more

Amundsen Davis LLC

Minimizing Product Liability Risks Caused by AI: Practical Tips for Businesses

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The use of artificial intelligence AI (AI) touches many sectors in the United States, and the business world is no exception. While this exciting development has proven useful for many businesses, it is also a new source of...more

Ropes & Gray LLP

The Data Act: Six Months to Go — But What To Do?

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Our clients are at the forefront of many of the developments covered by the report. That said, I couldn’t help thinking that the report overlooked a law that takes effect in less than six months’ time and which will have...more

Buchalter

Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service

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Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more

Foley & Lardner LLP

Clear Terms of Franchise Agreement Are Enforced Against Franchisee

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A recent federal court decision in T&T Management, Inc. v. Choice Hotels, Inc. underscores key contractual and operational considerations for franchisors. T&T filed suit in U.S. District Court for the District of Minnesota...more

Proskauer - The Patent Playbook

A Looming En Banc Decision with Potentially Damaging Consequences – EcoFactor v. Google

For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Google’s petition for...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 6

Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more

Akerman LLP - SALT Insights

It’s None of My Business! Arkansas Court Rules on Business v. Non-Business Income Distinction

Income received by a multistate business is either “business income” or “non-business income.” Although this labeling appears innocuous, the distinction between these two categories of income matters greatly to taxpayers and...more

CDF Labor Law LLP

A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements

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Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more

Robinson+Cole Manufacturing Law Blog

Here’s How Commercial Contracts Can Ease the Cost Burden of New Tariffs Impacting Manufacturers

Commercial contracts tend to be full of “boilerplate provisions” that, to paraphrase Mark Twain’s assessment of classic novels, everyone knows are important, but no one actually reads. When COVID-19 struck, manufacturers...more

DLA Piper

SDNY Bankruptcy Court Holds that “Opt-Out” Mechanism Renders Third-Party Releases Consensual in Spirit Airlines Chapter 11 Plan

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The US Bankruptcy Court for the Southern District of New York (the Court) recently approved third-party releases contained in a chapter 11 plan (the Plan) and found that, under the facts and circumstances, the opt-out...more

Mandelbaum Barrett PC

New York’s Cannabis Regulations: Understanding the Amendments to Proximity Requirements and Public Convenience and Advantage Rules

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New York’s Cannabis Control Board (“CCB”) amended its cannabis regulations to refine licensing criteria, adjust distance restrictions, and strengthen public convenience and advantage considerations. These amendments aim to...more

Marshall Dennehey

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

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Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance...more

Troutman Pepper Locke

CTA Significantly Amended by Interim Final Rule

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On March 21, the Financial Crimes Enforcement Network (FinCEN) submitted an interim final rule (IFR) to the Federal Register, regarding the beneficial ownership information (BOI) reporting requirements under the Corporate...more

Seyfarth Shaw LLP

Six Essential Tips for Understanding Intellectual Property Rights Under Government Contracts

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors...more

Jones Day

The CFTC is Off to a Fast Start Under Acting Chairman Pham

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In a break from the typical acting agency chairman, Acting Commodity Futures Trading Commission ("CFTC") Chairman Caroline Pham has taken several significant actions, signaled several more, and set the agency on a path to...more

Miles Mediation & Arbitration

Patience, Process and Persistence — Using Sequential Mediator’s Proposals in Commercial Contractual Negotiations

The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more

Morgan Lewis

With AI, It’s All About the Data

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Going beyond the basics of artificial intelligence (AI), it is important to focus on the data. How data is used, managed, and understood in the context of AI has become the center of many legal and business conversations,...more

Cooley LLP

Will an opt-in mechanism resolve the melee over Delaware’s controversial SB 21?

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As widely reported, the Delaware legislature has responded to increasing chatter and speculation about the intentions of some companies—as well as action in some cases—to change their states of incorporation from Delaware to...more

Opportune LLP

Navigating Rail Fuel Surcharges: Automation With Web…

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Rail fuel surcharges are a moving target. They are constantly changing, wildly inconsistent across carriers, and often buried in websites or PDFs that require extra effort to decode. Keeping up with these charges can feel...more

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