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

CFPB Retracts Prior Position and Equivocates on Whether Merchant Cash Advances Are “Credit” Under ECOA

Goodwin on

On May 1, 2026, the Consumer Financial Protection Bureau (CFPB) issued a new final rule (the Amended Rule) amending its small business data collection and reporting requirements under Section 1071 of the Dodd-Frank Act. ...more

Morrison & Foerster LLP - Federal Circuitry

Split Ninth Circuit Panel Shuts the Door on “First-to-Market” Claims Under the Lanham Act

Can a company sue a competitor under the Lanham Act for falsely advertising that its product was first to market? According to the Ninth Circuit, the answer is no. In Vericool World, LLC v. Igloo Products Corp., No. 24-192...more

BCLP

NEC, Interpreting Payment Notices and Negative Certificates

BCLP on

There have been a number of cases about the validity of payment notices recently, which shows that ‘smash and grab’ adjudications are still seen as an effective way to improve cash flow. ...more

Maynard Nexsen

The Importance of Clarity in Commission Agreements

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For both startups and established companies, commission-based compensation can be a powerful tool for aligning and incentivizing performance. However, without a written agreement providing clearly defined terms and...more

Blake, Cassels & Graydon LLP

Bien connaître l’identité des parties à une opération immobilière commerciale

L’identification des parties à une opération immobilière commerciale peut paraître une exigence simple, mais toute erreur à cette étape pourrait occasionner de véritables risques juridiques et commerciaux. L’incertitude et...more

Chartwell Law

Tennessee Rewrites Non-Compete Rules

Chartwell Law on

Tennessee has joined a growing list of states imposing statutory guardrails on non-compete agreements. With the passage of Public Chapter No. 934 (House Bill 1034), effective July 1, 2026, the General Assembly has introduced...more

Bracewell LLP

Data Center Construction Delivery Models and Risk Allocation: EPCM Versus Design-Build

Bracewell LLP on

Data center construction projects require careful allocation of cost, schedule, performance and procurement responsibilities. Because data centers are mission-critical facilities with strict uptime and commissioning...more

Chambliss, Bahner & Stophel, P.C.

Tennessee’s New Rules for Noncompetes and Other Restrictive Covenants — Changes Coming July 1

Picture this: Your star sales rep jumps ship to join your primary competitor. Is your noncompete enforceable? What about other restrictive covenants? Tennessee’s new law, effective July 1, 2026, will sharpen answers to these...more

Moritt Hock & Hamroff LLP

Non-Competition Agreements and the Lack of a Uniform Approach Adversely Impact Employers and Employees

The Federal Trade Commission (“FTC”) and Rollins, Inc. (“Rollins”), one of the nation’s largest pest-control companies, recently issued a proposed consent order by which Rollins agreed to stop enforcing non-compete agreements...more

Akin Gump Strauss Hauer & Feld LLP

States Continue to Restrict Non-Compete Agreements: Tennessee and Virginia Enact New Laws

Non-compete agreements continue to face increased scrutiny at the state level. Following years of growing restrictions—including expanded protections for low-wage workers and heightened enforcement mechanisms—Virginia and...more

Troutman Pepper Locke

Washington AG Settles With Cleaning Service Company

Troutman Pepper Locke on

On May 11, 2026, the Washington attorney general (AG) settled with Homeaglow Inc. d/b/a Dazzling Cleaning (Homeaglow), a cleaning service company, and related parties, for $2.25 million over alleged violations of the...more

K&L Gates LLP

United States: The SEC Finally Admits It, The No-Admit/No-Deny Policy Is Gone

K&L Gates LLP on

On 18 May 2026, the United States Securities and Exchange Commission (SEC) rescinded the rule barring settling defendants from publicly denying the agency’s allegations. The policy, in place since 1972, effectively silenced...more

Morgan Lewis - Tech & Sourcing

AI and Outsourcing Series: How AI Is Transforming the Outsourcing Industry

Welcome to the first blog in our AI and Outsourcing series, where we explore the disruptive and transformative impact of artificial intelligence (AI) on outsourcing and managed services transactions. AI is rapidly...more

Womble Bond Dickinson

Virginia Governor Vetoes Cannabis Bill

Womble Bond Dickinson on

For the third year in a row, Virginia’s Governor has vetoed a bill that would have established a legal and regulated market to buy and sell marijuana in Virginia. After two years of vetoes from Republican Governor Glenn...more

Hogan Lovells

Not Plain Sailing: Signs of challenge to the Hurtigruten LME

Hogan Lovells on

The English High Court has ordered pre action disclosure in connection with a proposed challenge to the 2025 restructuring of the Hurtigruten group. The application, brought by minority lenders, is an early step that could...more

Houston Harbaugh, P.C.

Texas Supreme Court Issues Troubling Decision in Royalty Dispute

Houston Harbaugh, P.C. on

Back in February I advised landowners to keep an eye on the discretionary appeal granted by the Texas Supreme Court in Fasken Oil and Ranch LTD, et al. v. Puig, et al. (No 24-1073, January 16, 2026). See, Texas Supreme Court...more

Bilzin Sumberg

Positioning for Florida's Infrastructure Future: What Developers Should Know

Bilzin Sumberg on

Florida’s rapid population growth and continued business migration have created extraordinary pressure on infrastructure, but they have also opened the door to significant opportunities for private developers willing to think...more

Stikeman Elliott LLP

Private Equity and Sports: Navigating the Legal Playbook

Stikeman Elliott LLP on

Private equity’s presence in sports is no longer novel, nor is it confined to marquee professional franchises. Across Canada and North America, institutional investors are playing an increasingly visible role in the...more

Mayer Brown Free Writings + Perspectives

The SPV Series: Gaining Exposure Through Single-Investment SPVs

Given the continued and growing interest in special purpose vehicles (“SPVs”) as a means of accessing private market investments, we are publishing a series of posts that examine different aspects of these structures.  This...more

Foley Hoag LLP - Cannabis and the Law

Update – Governor Spanberger Vetoes Adult-Use Cannabis Bill

Yesterday, Governor Spanberger vetoed HB642/SB542, dashing the hopes of legislators and cannabis advocates alike and yet again casting uncertainty on the future of adult-use cannabis in the Commonwealth....more

Mayer Brown

Sponsor-Arranged Investor Loan Programs

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INTRODUCTION: Large family offices and institutional investors are increasingly utilizing NAV loans on their alternatives holdings as a portfolio management tool. As allocations to alternatives have scaled, so, too, has...more

Moore & Van Allen PLLC

CFPB Scales Back the Small Business Credit Data Collection Rule - but Also Indicates Future Expansion is Possible

Moore & Van Allen PLLC on

On May 1, 2026, the Consumer Financial Protection Bureau (CFPB) released its long-anticipated final rule (the “Final Rule”) revising its initial rulemaking in 2023 (the “Prior Rule”) to implement the small business lending...more

Baker Donelson

New Jersey Adopts Final Rule for Independent Contractors

Baker Donelson on

The New Jersey Department of Labor and Workforce Development (NJDOL) adopted final regulations on May 5, 2026, codifying its long-standing statutory "ABC test" under N.J.A.C. 12:11. These rules will be published in the New...more

Foley Hoag LLP

Post-Seed SAFE Series — Part 2: Five Provisions Worth Negotiating Before You Sign a Post-Seed SAFE

Foley Hoag LLP on

Picking up from Part 1: if you are investing into a company with an existing priced round, the standard Y Combinator (“YC”) SAFE leaves real money — and real rights — on the table. Here are five provisions where pushing back...more

Foley Hoag LLP

Post-Seed SAFE Series — Part 1: The YC SAFE Was Not Built for the Round You Are Investing In

Foley Hoag LLP on

Here is a quiet truth that gets lost in every “just sign the standard SAFE” conversation: the Y Combinator (“YC”) SAFE was purpose-built for pre-seed, pre-priced-round companies — clean common-stock cap tables, no preferred...more

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