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

NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on...

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On October 7, 2024, National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01, consisting of two parts. First, the GC urges the NLRB to provide make-whole relief to employees if the Board...more

Farrell Fritz, P.C.

Corporate Dissolution Petition Hits Back Burner in Favor of Earlier Filed Claims for Money Damages

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The shareholder oppression claim under BCL 1104-a has a unique relationship with claims for money damages. A minority shareholder petitioning for dissolution under BCL 1104-a must establish that the majority shareholders...more

Potomac Law Group, PLLC

DBE Program Partially Blocked After Legal Challenge

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Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more

Woods Rogers

The Truth Shall Set You Free: Western District of Virginia Unveils Whistleblower Pilot Program

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Much has been written in recent months about the Department of Justice’s national Whistleblower Rewards Program, including a recent article I co-authored with Mike Gill entitled 7 Strategies to Comply with the DOJ’S New...more

Blake, Cassels & Graydon LLP

Navigating Executive Compensation in M&A

Many legal and financial challenges related to executive compensation can arise from leadership transitions during mergers and acquisitions (M&A). Companies must decide how to treat equity incentives, navigate complex tax...more

Kelley Drye & Warren LLP

State Attorneys General Warn of Price Gouging Enforcement in Wake of Recent Natural Disasters

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As states across the country grapple with the impacts of Hurricane Helene and Hurricane Milton, state attorneys general are reminding businesses and constituents of price gouging laws that ban certain price increases during...more

Knobbe Martens

Read the Fine Print: Federal Circuit Vacates Dismissal of Patent Infringement Claims Based on an Express License, Where Some...

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Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent...more

Lathrop GPM

Michigan Federal Court Grants Motion to Dismiss Claims Against One Owner of Franchisor, Denies Motion to Dismiss Claims Against...

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A federal court in Michigan recently granted a motion to dismiss for lack of personal jurisdiction against one owner of a franchisor, while denying the motion to dismiss against the other owner and granting the franchisor’s...more

Stark & Stark

Construction Liens - What is a Lien Fund?

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Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit enforces delegation provisions in arbitration agreements for tribal loan

On October 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a decision regarding the applicability of an arbitration agreement within a loan agreement. The loan agreement included arbitration and...more

McGuireWoods LLP

FTC and DOJ Finalize Significant Changes to HSR Form

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The Federal Trade Commission (FTC), with concurrence from the Antitrust Division of the U.S. Department of Justice (DOJ), finalized a new rule that significantly changes the form and accompanying instructions for premerger...more

Benesch

Know Your Arbitration Clause: What Remains of State Arbitration Statutes under the Ever-Growing FAA

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Arbitration is a prevalent method for dispute resolution, and most contracts include an arbitration clause. A recent Ohio Eighth District Court of Appeals decision emphasizes the importance of careful drafting and picking the...more

Womble Bond Dickinson

The Importance of Understanding Force Majeure Clauses in Contracts Amid Recent Disasters

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In recent years, natural disasters have become increasingly frequent and severe, disrupting industries and communities worldwide. Events such as Hurricane Helene and the extreme weather conditions experienced in Western North...more

Troutman Pepper

FTC Issues Final Rule Overhauling and Increasing the Burden of HSR Filings

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After what is described as “intense negotiations” among the commissioners, the Federal Trade Commission (FTC) has unanimously approved a substantial overhaul to the rules governing the documents and information that must be...more

Seyfarth Shaw LLP

The Week in Weed: October 2024 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have two big stories: Arkansas and Nebraska. Not just the initiatives that may or may not appear on the...more

Troutman Pepper

$11M Cigarette Drawback Dispute Could Have Significant Consequences for FTZ Importers

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In August, North Carolina-based cigarette importer, King Maker Marketing Inc., challenged a decision by U.S. Customs and Border Protection (Customs) that rejected its claims for more than $11 million in drawback duties as...more

Warner Norcross + Judd

Trial Courts Continue Grappling with When a Supplier is Bound to a Buyer’s Requirements of Products

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Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

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Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

McCarter & English, LLP

Compliance Note - October 11 2024

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Does your company have a government contract or plan to seek business with a government entity in New Jersey? If so, it is essential to understand the rules that could result in the breach of an existing contract and the...more

White & Case LLP

Looking at all the angles: incremental debt incurrence flexibility in detail

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From large cap syndicated deals to mid-market private credit, whether in loans or in bonds, the ability for borrowers to incur material incremental debt is commonplace. However, when you look beyond the headline ratios and...more

A&O Shearman

Luxembourg RCS: what are the new requirements as of 12 November 2024?

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As of November 12, 2024, all individuals registered or to be registered within a file of an entity itself registered with the Luxembourg trade and companies register (RCS) will be required to communicate or request a...more

Thomas Fox - Compliance Evangelist

TD Bank: Part 1-Money Laundering and the China Syndrome

Last week, representatives of the US government announced one of the largest sets of fines and penalties for failures in anti-money laundering ever laid down. It involved TD Bank N.A. and TD Bank US Holding Company. It was...more

ArentFox Schiff

NLRB General Counsel Further Cautions on Employers’ Use of Noncompetes and ‘Stay-or-Pay’ Provisions

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On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor...more

Cadwalader, Wickersham & Taft LLP

Inside NAV Loans October 2024 - What’s in a NAV Loan?

The purpose of this article is to unpack the basic building blocks of what constitutes a NAV Loan to make sure that market participants have a basic understanding of what is in a NAV Loan and their key negotiated issues. As...more

Stikeman Elliott LLP

Business Impacts of Québec’s Proposed Consumer Protection Reforms: Consumer Credit Limits, Grocery Price Displays, Point-of-Sale...

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Bill 72, An Act to protect consumers against abusive commercial practices and to offer better transparency with respect to prices and credit, was recently tabled by the Québec government. This legislation includes amendments...more

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