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

States Urge Reversal of Physical Presence Rule That Bars Collecting Sales Tax From Online Retailers

by Bryan Cave on

Thirty-six state attorneys general, most recently joined by California and Hawaii, have filed an amici curiae brief urging the U.S. Supreme Court to reconsider the “physical presence test”. The test requires that a retailer...more

Pace of M&A Deals in Social Media Industry Slows After Record Year

Technology-company M&A slowed down significantly over the last year, with deal volume down by 15% across the globe in Q3 of 2017 compared to Q3 of 2016, and a $37 billion decline to $119 billion in Q3 2017 tech-company deal...more

Time is Running Out to Update DMCA’s Safe Harbor Agent Designations

by Bryan Cave on

As we previously reported, internet service providers must register their agents through the new on-line system before the end of 2017 to preserve their benefits under the Digital Millennium Copyright Act’s (“DMCA”) safe...more

EU Retail News - October 2017

by Bryan Cave on

One of the biggest threats to a retailer's reputation is an allegation of involvement in slavery, human trafficking, or child labour. Retailers are now expected to be more transparent than ever, with the Modern Slavery Act...more

New York Public Service Commission Issues Rules for Distributed Energy Resource Suppliers

by Holland & Knight LLP on

The New York Public Service Commission (PSC) recently issued Uniform Business Practices for distributed energy resource (DER) providers (or suppliers), similar to the consumer protection standards that are already in place...more

Reminder to service providers: re-register your DMCA agent designation by 12/31/17

by DLA Piper on

All businesses that operate an online site or server where users can post content need to re-register their Digital Millennium Copyright Act (DMCA) agent designations with the Copyright Office....more

Houston Court of Appeals Finds Pre-PSA Emails Created Binding Contract

by Winstead PC on

The use of email in modern transactions is pervasive. Few negotiating parties consider, however, the possibility that those emails may create a binding obligation when the transaction requires finalization through a formal...more

The Katten Kattwalk - Issue 14

by Katten Muchin Rosenman LLP on

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

Corporate Law & Governance Update - October 2017

by McDermott Will & Emery on

Governance Implications of Equifax - Numerous elements of the Equifax controversy implicate corporate governance across a broad range of oversight, insurance, executive transition and accountability topics. These are...more

Big data may become big antitrust concern

by DLA Piper on

Big data is transforming business, and increasingly, it is becoming a subject of concern for antitrust authorities. So far, much of the focus has come from European regulators, who are beginning to consider the role of big...more

[Event] 2017 Cybersecurity Symposium - October 23rd, Los Angeles, CA

by Nossaman LLP on

Nossaman LLP and University of California, Irvine School of Law invite you to join us for "Cybersecurity, Data Breach, and Privacy: A Real World Perspective on Prevention, Response and the Future." This complimentary...more

The Guide to Social Media and the Securities Laws

The growing use of social media has created challenges for federal securities regulators, who must enforce antifraud rules that were written at a time when the prevailing technology was the newspaper. This Guide...more

A “palliative” approach to insolvency in the retail world?

by Morrison & Foerster LLP on

The retail sector is in the midst of a deeply disruptive shift as online shopping increasingly puts its long-term future in peril. Howard Morris, head of the business restructuring and insolvency group at Morrison & Foerster...more

Washington State Imposes New Reporting Requirements for Out-Of-State Sellers Not Collecting Sales Tax

by Stoel Rives LLP on

As part of Washington State’s efforts to collect more sales tax on out-of-state companies’ sales to Washington customers, the Legislature recently enacted H.B. 2163. The bill, signed by the Governor on July 7, imposes notice...more

There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private...more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Trailblazer Foods’ President Rob Miller discusses business acumen, industry growth in Pacific Northwest: Schwabe, Williamson &...

With all the branded products available in today’s grocery stores, what does it take for a private label manufacturing company to make it?...more

To Boycott, or Not? How Business Owners Should React

by Payne & Fears on

From Fox News to United Airlines to the “Trump Effect,” consumer boycotts are trending. But when do boycotts actually work, and how should business owners react? The rise of instant media consumption certainly parallels...more

The ZTE Case: U.S. Sanctions and Export Control Laws

by Benesch on

The settlement reached by China’s giant telecommunication company, ZTE Corporation (“ZTE”) with various U.S. government agencies, including U.S. Attorney’s Office, U.S. Department of Justice, U.S. Department of Commerce’s...more

[Webinar] Be Compromise Ready: Go Back to the Basics - May 9th, 12:00pm EDT

by BakerHostetler on

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack....more

In Case You Missed It: Launch Links - April, 2017 #2

by WilmerHale on

Some interesting links we found across the web this week: Know Your Limits: Understanding Your Term Sheet’s Exclusivity Provision - Before going exclusive with a VC, startups should understand this key provision in...more

Grey Marketing – Still Not Black and White in Canada

by Smart & Biggar on

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

No hiding a cartel under a joint venture marketing company

by Bryan Cave on

We are used to companies being fined for cartels acting undercover to agree on prices or other market parameters. What about companies openly agreeing together through a joint venture company?...more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

by Ward and Smith, P.A. on

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 2

Identifying Conflicts of Interest in Structured Products Offerings - With FINRA and other regulators focused on conflicts of interest in the broker-dealer industry, market participants are working diligently to identify...more

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