News & Analysis as of

General Business Professional Practice

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

Contractual conundrum: variation or replacement?

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Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more

Schwabe, Williamson & Wyatt PC

Corporate Transparency Act 2024 Year-End – What You Should Know

The Corporate Transparency Act (“CTA”), which affects many small and medium-sized businesses across the United States, went into effect on January 1, 2024. For entities subject to the CTA, reports including information about...more

A&O Shearman

The UAE clamps down on money laundering with amendments to AML laws and its national strategy

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The UAE announced a new ‘National Strategy for Anti-Money Laundering, Countering the Financing of Terrorism and Proliferation Financing for 2024 – 2027’ (the National Strategy) in September 2024. This will affect not only UAE...more

Bradley Arant Boult Cummings LLP

Take a Sad Song and Make It Better: Fifth Circuit’s Commercial Speech Ruling Leaves Door Open to State Law Challenge

In an April 2023 blog post, we questioned the constitutionality of Mississippi’s regulations that restrict medical cannabis businesses from advertising. And, in that post, we observed that challenging those regulations under...more

Morgan Lewis

UK Competition Law Reforms Begin 1 January, Including Merger Threshold Changes and New Digital Markets Regime

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Significant reforms to UK competition law brought about by the Digital Markets, Competition and Consumers Act 2024 will come into force beginning 1 January 2025. Importantly for dealmakers, revised merger thresholds will...more

White & Case LLP

Australia enacts mandatory merger control law

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Australia’s mandatory suspensory merger control regime will come into force on 1 January 2026 following the passing of legislation by both houses of Parliament, representing a major shift for businesses, their advisors and...more

International Lawyers Network

Buying and Selling Real Estate in Colombia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COLOMBIAN LAW- 1. Standard Forms of Agreements to buy and sell Real Estate: Despite the existence of several types of agreements to implement real estate transactions in...more

White & Case LLP

Voluntary carbon markets: will carbon credits soon become a crucial way to decarbonise?

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Purchasing carbon credits was once seen as a way for companies to sidestep genuine emissions reduction in their decarbonisation efforts. But that is changing as these products, and the way they are used, face growing...more

Hudson Cook, LLP

Federal Trade Commission Sues Business Financing Company for Allegedly Misleading Consumers

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On November 4, 2024, the Federal Trade Commission sued Seek Capital, LLC, and Roy Ferman, Seek's founder and CEO, for allegedly violating several federal laws, including Section 5 of the Federal Trade Commission Act ("FTC...more

Benesch

Motor Carrier Regulatory Agencies: Determining Which are Applicable and How to Comply

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The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more

Morrison & Foerster LLP

DORA Demystified: Dispelling 5 Myths for ICT Service Providers

The EU’s Digital Operational Resilience Act (DORA) comes into force from 17 January 2025. Under DORA, in-scope regulated financial services (FS) businesses operating in the EU (Firms) face new cybersecurity requirements and...more

Charles E. Rounds, Jr. - Suffolk University...

When virtual representation is not an option in trust-reformation litigation

In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more

Troutman Pepper

Mass Arbitration Clauses: How Have They Fared So Far?

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For decades, representatives of business interests fought to place disputes, especially business-to-consumer (“B-to-C”) disputes, into arbitration rather than court. A second front in this battle developed in which these same...more

Thomas Fox - Compliance Evangelist

The Role of Compliance in Employee Retention

The fight to attract and retain top talent has long been a concern for corporate leaders, but the stakes are even higher for compliance professionals. The insights from the Harvard Business Review (HBR) article Why Employees...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Post-Election Considerations for Inaugurations, Transitions, Special Elections and Personnel Entering or Leaving Government

Now that the 2024 election has passed, individuals and organizations must be mindful of special legal issues that arise from contributions made to, and expenses incurred for, federal, state or local inaugural or transition...more

Bennett Jones LLP

Fair Market Value—What Does it Mean?

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In the world of real estate, it is common to use fair market value (FMV) as a way of describing the value of real estate or rents payable. However, perhaps not often considered is the issue that the term FMV can mean...more

Jackson Lewis P.C.

Tips for Vacation Rental, Property Mgmt. Businesses Facing Vendor Cybersecurity Risk

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No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks....more

Mandelbaum Barrett PC

New Jersey’s New Hemp Regulations Create More Problems Than They Solve

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Governor Phil Murphy’s signing of Senate Bill 3235 on September 12, 2024, represents a significant shift in the regulation of intoxicating hemp products in New Jersey. The original intention of the bill was to restrict sales...more

Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Understanding Liability

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Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has...more

Mandelbaum Barrett PC

Data Privacy Laws: Staying Compliant in a Global Marketplace

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Over the last few years, 71% of countries have enacted data protection laws, reflecting the global emphasis on data privacy across industries. For businesses operating internationally, complying with diverse data privacy...more

Marshall Dennehey

New York Court Allows for Discovery of Litigation Funding Loan

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Smartmatic USA Corp. v. SGO Corp Ltd., 2023 WL 2626882 (Sup. Ct., N.Y. Cty. 2023) - Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an...more

Marshall Dennehey

Defining Sole Negligence: Interpreting Indemnification Clauses

Marshall Dennehey on

Diamond Transp. Logistics, Inc. v. The Kroger Co., 101 F. 4th 458 (6th Cir. May 13, 2024) - The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.”...more

Katten Muchin Rosenman LLP

Differentiating Between ROFOs and ROFRs

Rights of first offer (ROFOs) and rights of first refusal (ROFRs) are two tools often used to provide rights to potential purchasers with respect to all types of assets and business opportunities. These rights grant their...more

International Lawyers Network

Buying and Selling Real Estate in Chile (Updated)

KEY ASPECTS OF REAL ESTATE ACQUISITIONS UNDER CHILEAN LAW - I. STANDARD FORMS OF AGREEMENTS - 1. Offer to Purchase: Offer to Purchase sets forth Buyer's offer of price, date for closing, contingencies for...more

Marshall Dennehey

Relying Upon Pennsylvania Law, the Federal Court Held that Maintenance Company Owed No Duty of Care to Injured Plaintiff

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Robertson v. Harvard Maintenance Inc., 2024 WL 1585598 (E.D. Pa. Apr. 11, 2024) - The plaintiff, while walking to work, slipped and fell in the parking lot on accumulated ice and sustained injuries to his hand, spine, head,...more

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