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Financial Regulatory Developments Focus - March 2018 #3

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

Malaysia case provides guidance on franchise law

by Dentons on

A recent interlocutory case in Malaysia, (the “La Kaffa decision”) has provided some helpful guidance on when an interlocutory injunction will be granted to restrain a franchisee from operating a competing business after...more

The Attorney-Client Privilege When Non-Party Experts Are Part of the Communications

by Burns & Levinson LLP on

It is not unusual for business people and/or in-house counsel to consult with accountants or other non-party experts when contemplating a potential business transaction. As the defendants in The C Company, Inc. v. Hackel...more

Bondage, Enslavement, Servitude: New South Wales follows suit and proposes Modern Slavery Law

by DLA Piper on

Modern Slavery Act in New South Wales - New South Wales has followed the Commonwealth's lead and introduced a Modern Slavery Bill 2018 into the New South Wales Legislative Council on 8 March 2018....more

Everyone Has Rejection Issues

by Bryan Cave on

In the typical day-to-day experience in bankruptcy proceedings, the debtor’s ability to assume or reject executory contracts and leases under Section 365 of the Bankruptcy Code is seen from the sometimes-unfortunate...more

Court Decision Reviews Key Concepts Concerning Executory Contracts

This post reviews some concepts concerning executory contracts. The ground covered will be familiar to insolvency experts and should be insightful for readers who don’t specialize in U.S. bankruptcy law. The springboard...more

Green Hands Aren’t Unclean Hands: 9th Circuit BAP Retreats from Mandatory Dismissal in Marijuana Cases

by Burns & Levinson LLP on

A 92-year-old landlord who leased a storefront to a marijuana dispensary will receive a new hearing after a court dismissed her bankruptcy case on the grounds that acceptance of rent payments from the dispensary disqualified...more

Corporation Denied Motion to Enjoin Arbitration against its Alleged Alter Ego

In Royal Wine Corp. v. Cognac Ferrand SAS, Justice Andrea Masley of the Commercial Division denied Plaintiff Royal Wine Corporation’s (“Royal”) motion for a preliminary injunction to enjoin arbitration that defendant Cognac...more

Bankruptcy Remoteness Going to a Court of Appeals (Progress Report No. 1)

Our February 22 post reported that the Franchise Services of North America, Inc. decision of Bankruptcy Judge Edward Ellington of the Southern District of Mississippi dismissing a Chapter 11 petition because a holder of...more

Banks vs. Private Lenders: The Basics of Financing Options for Small Businesses

by Pessin Katz Law, P.A. on

Most small business owners will, at some point in the lifespan of their businesses, need to obtain financing in order to get their business off the ground or expand. This article summarizes the basics of obtaining financing...more

New Regulations Increase Uncertainties Regarding Chinese Investments in Offshore Funds

by Morrison & Foerster LLP on

On March 1, 2018, the Administrative Measures for Outbound Investments by Enterprises (“Circular 11”) issued by the National Development and Reform Commission (the “NDRC”) went into effect. In addition to regulating direct...more

Russian Legislation Update: January – February 2018

by White & Case LLP on

Welcome to the most recent issue of our Russian Legislation Update, covering the period of January – February 2018. In this issue: - Banking - Currency Control - Anti-Money Laundering - Disclosure of Information -...more

The Cash-Out Merger Solution to the Problem Minority Owner

by Farrell Fritz, P.C. on

How can majority business owners legally rid themselves of a problematic minority owner? Not by transferring the business’s assets to another entity for no consideration. ...more

Breath of Fresh Air – Potential Tax Relief for California Cannabis Businesses

There may be a significant tax break on the horizon for California’s growing legal cannabis market. A bi-partisan group of Assemblymembers introduced a bill (AB 3157) that will temporarily cut the state excise tax from 15% to...more

In Case You Missed It: Launch Links - March, 2018 #2

by WilmerHale on

Some interesting links we found across the web this week: The Definitive Guide to Licensing: When You Get a Great Idea, What Do You Do Next? For the “ideas” people out there, licensing a product may provide a creative...more

Former Equifax Chief Information Officer Charged With Insider Trading

by Murtha Cullina on

The Equifax data breach saga continues, this time with civil and criminal charges for insider trading lodged against Jun Ying, Equifax’s former Chief Information Officer of its U.S. Information Solutions business unit. The...more

The Case for Putting in Pre-Emption Buyout Articles in the Company’s Constitution

by Allen & Overy LLP on

Perennial (Capitol) Pte Ltd v Capitol Investment Holdings Pte Ltd [2018] SGCA 11 involved an application to wind up three companies, Capitol Investment Holdings Pte Ltd, Capitol Hotel Management Pte Ltd and Capitol Retail...more

Financial Services Weekly News - March 2018 #2

by Goodwin on

Editor's Note - Judge Rules for Defendants in Mutual Fund Excessive Fee Lawsuit. On March 9, the U.S. District Court for the Southern District of Ohio entered summary judgment for defendants in an action brought under...more

FCPA Self-Disclosure-Based Leniency for all Corporate Cases of Misconduct?

by NAVEX Global on

Ethics and compliance officers, take note of the Justice Department’s newest statement about its new FCPA Corporate Enforcement Policy: it wants to drop the “FCPA” bit....more

EU Competition Newsletter - March 2018

by Bryan Cave on

Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction. As an initial matter, parties should focus their...more

Equipping Companies to Face the Future - The FRC's Proposed Changes to the UK Corporate Governance Code

by Reed Smith on

The UK Financial Reporting Council (FRC) has now completed its consultation on a series of wide-ranging changes to the UK Corporate Governance Code. The changes proposed in the consultation paper envisage a re-write of the...more

Status of Measures Targeting Private Corporations Following the 2018 Federal Budget

by Bennett Jones LLP on

The Federal Budget, released February 27, 2018, has clarified federal plans to change the tax treatment of private corporations and represents a substantial retreat from proposals announced in July 2017. In July 2017, the...more

Companies Must Carefully Consider ESG Disclosures Under UK Non-Financial Reporting Directive

by Latham & Watkins LLP on

Companies should conduct thorough due diligence in light of closer scrutiny from stakeholders and governmental and non-governmental bodies. Companies are facing increasing pressure to report on environmental, social, and...more

Defending False Claims Act Cases: Two New Tools Under the Trump Administration

by Foley Hoag LLP on

Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies. The first...more

Corporate Social Responsibility Compliance in 2018, and Beyond – An Overview for In-House Legal Counsel

by Ropes & Gray LLP on

After years of looming on the fringes, 2018 is likely to go down as the year that corporate social responsibility compliance became a core responsibility of in-house legal departments....more

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