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General Business Updates

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

DC Circuit Court Newsflash: “Transfer” means “Transfer”

by Dechert LLP on

In an eagerly anticipated (and much speculated upon) decision, a three judge panel of the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit Court”) issued a unanimous opinion on Friday, February...more

SEC Updated Guidance on Cyber Disclosure by Publicly Traded Companies in a Digitally-Connected World

by White and Williams LLP on

...The Securities and Exchange Commission (the “Commission”) Wednesday announced updated cybersecurity guidance for public companies. This guidance reinforces the Division of Corporation Finance guidance issued in October...more

Financial Institutions and the Glaring Absence of an Ethical Culture

by Michael Volkov on

Federal prosecutors and regulators have been active in tackling US banks. In the last few weeks, the Federal Reserve took the extraordinary step of blocking Wells Fargo’s ability to grow its business until it improves its...more

Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the...

by Snell & Wilmer on

In a unanimous decision, the Supreme Court stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers...more

Trending: Website Accessibility Lawsuits Under The ADA

by Cole Schotz on

Since the Americans with Disabilities Act–often referred to as the ADA—was passed by Congress in 1990, lawsuits under the Act have been quite common. These lawsuits, until recently, have focused on physical or architectural...more

Throwing Shade: Upscale Manhattan Bar Calls Out “Basic” Would-be Infringer

by Reed Smith on

Not since Mariah Carey claimed “I don’t know her” about Jennifer Lopez has such supreme shade been thrown on public record. Filo Promotions owns a self-described “premier, well-appointed bar/lounge with a posh upscale...more

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for...more

Third Circuit Establishes New Framework for Determining Direct Purchaser Standing in Price-Fixing Litigation

by Bryan Cave on

In a decision with broad implications for future antitrust litigation, the Third Circuit recently established a framework for determining antitrust standing in circumstances where a direct purchaser plaintiff has alleged the...more

Indemnification Clauses and Defining the Relationship

by Poyner Spruill LLP on

We typically think an attorney-client relationship is something that has an unmistakable beginning. One day a client says, “I want you to be my attorney.” To which the attorney replies, “Sure, I will be your attorney.”...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Argentina

1. What role does the government of Argentina play in approving and regulating foreign direct investment? Argentina’s government has issued general regulations regarding foreign investment, and has, in general, allowed the...more

Asset Management Regulatory Roundup - February 2018 - Issue 4

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details of an FCA report on algorithmic trading; the publication of the FSMA (Benchmarks)...more

Re-Thinking Supply Chain Contracts in the World of Connected Things

by Foley & Lardner LLP on

As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements. In 2007, the iPhone revolutionized...more

Complex Insurance Coverage Reporter – February 2018

by White and Williams LLP on

An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel - Insurers know all too well that the penalties for an ineffective reservation of rights letter can be severe...more

Wait....Does Your At-Will Disclaimer do its Very Important Job?

Human resource professionals and employment lawyers know the importance of an at-will disclaimer in employee handbooks and offer letters. These disclaimers have existed for years, and they are often glossed over because they...more

The European Securitisation Regulation: The Countdown has Begun....

by Jones Day on

Draft Technical Standards Published for Consultation by the European Supervisory Authorities—An Update and Overview - Regulation (EU) 2017/2402, which is known as the "Securitisation Regulation" and lays down a general...more

EU: “Hard” Brexit Would Come with Border Friction and Costs

The European Union has published a technical note warning of dire consequences for businesses if the UK leaves the EU with no deal in place. The European Commission has warned companies across Europe to prepare for...more

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation. Today more than ever, however, the federal government is making use of cutting...more

Four Blockchain Technology Bills Proposed by New York Assemblyman

New York Assemblyman Clyde Vanel has introduced proposals in the state legislature for four laws which, if passed, could transform how the State of New York interacts with and views blockchain technology. The first...more

The Lynyrd Skynyrd Texting Case: Spoliation and Non-Party Texts

It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as “Lynyrd...more

California Supreme Court Clarifies That “Right To Repair Act” Is Exclusive Remedy For Both Economic Loss And Property Damage...

by Pepper Hamilton LLP on

McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more

Show Me The Money! Unexplained Wealth Orders in the UK

by Morrison & Foerster LLP on

Following the Criminal Finances Act 2017’s entry into force on 31 January 2018, the UK enforcement authorities added a new weapon to their arsenal in their fight against corruption. The Act introduced a new investigatory...more

Virtual Currency Tax Consequences

by Carlton Fields on

A growing number of startups are offering virtual currencies to investors through initial coin offerings (ICOs) as a way to raise capital, often with little or no awareness of the tax consequences of their actions....more

Ballot Initiative Seeks to Eliminate Prop 13 for Commercial and Industrial Real Estate

Initiative 17-0055 would limit Proposition 13 protection to residential property. New initiative seeks to eliminate Proposition 13 protection for commercial and industrial property by requiring fair market value...more

As fundraising methods continue to diversify, the DFSA provides a robust regulatory framework for equity and loan based...

by Hogan Lovells on

On 1 August 2017, the Dubai Financial Services Authority ("DFSA"), the regulator of financial services and securities in the Dubai International Financial Centre free zone ("DIFC"), introduced a regulatory framework for loan...more

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

by Jones Day on

The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more

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