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General Business Updates

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

Pushing Ethics and Compliance Programs in the New FCPA Corporate Enforcement Policy

by Michael Volkov on

The Justice Department’s aggressive enforcement program, particularly in the FCPA arena, has been the primary impetus to the growth and empowerment of the corporate compliance function. The Justice Department and SEC’s FCPA...more

DOJ Issues New Policy Encouraging Self-Reporting FCPA Violations

by Bracewell LLP on

On November 29, 2017 the Deputy Attorney General of the U.S. Department of Justice (DOJ), Rod J. Rosenstein, announced a new FCPA enforcement policy that seeks to incentivize voluntary self-reporting by providing companies...more

Introduction to Debt Exchange Offers

by White & Case LLP on

European Leveraged Finance Alert Series: Issue 9 - Issuers have a variety of tools when dealing with upcoming debt maturities, including using a combination of exchange offers, tender offers, and/or new money issuances and...more

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Fisher Phillips on

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building,...more

The Coty Case – The CJEU rules in favour of selective distribution networks against third-party online platforms

by Dentons on

In the long-awaited Coty ruling, the Court of Justice of the European Union has confirmed that luxury brands may restrict distributors in a selective distribution network from selling their goods through third-party online...more

Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s...

The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products...more

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

SLGS Window Closing; Tax Reform Continues to Threaten Public Finance

by Bracewell LLP on

On December 6, 2017, the U.S. Department of the Treasury announced the suspension of sales of United States Treasury Obligations – State and Local Government Series (i.e., SLGS), effective 12:00 noon Eastern Time, Friday,...more

Regulations on block exemptions in vertical concerted actions come into force

by DLA Piper on

On 5 December 2017, a new regulation by the Antimonopoly Committee of Ukraine (hereinafter – the “AMCU”) on typical requirements for vertical concerted actions of undertakings has entered into force (hereinafter – the...more

Five Things to Know about the Tax Cuts and Jobs Act

Even with the bill still in Conference, here are some things businesses should follow closely. Both House and Senate Bills call for deemed repatriation of accumulated foreign profits at reduced tax rates. ...more

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

Another Foolish Inconsistency – This Time For Broker-Dealers

by Allen Matkins on

Yesterday’s post chided Glass, Lewis & Co., LLC for its inconsistent positions on majority rule. Today’s post tackles a foolish inconsistency in the California Codes. Section 25217(c) of the California Corporations Code...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Intellectual Property and Technology News (Asia Pacific) December 2017

by DLA Piper on

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

HMT Unveils Strategy for Future of UK's Asset Management Industry

by Dechert LLP on

HM Treasury recently published its Investment Management Strategy II Report. Building on its 2013 strategy report ? which mainly focused on how to improve the UK as a fund domicile ? this report sets out the UK government’s...more

Cross-Border Clash for the Brazilian Dutch Telco in the U.S. Courts

by Morrison & Foerster LLP on

Distressed and special situations investors should take note of the U.S. Bankruptcy Court’s recent decision in Oi’s Chapter 15 case. We present our takeaways for investors. The U.S. Bankruptcy Court refused to recognise...more

Suppliers of luxury goods can prohibit their selective distributors from selling these products via third-party online platforms

by White & Case LLP on

The European Court of Justice held in Coty that a manufacturer operating a lawful selective distribution system for luxury goods is allowed to prohibit its authorised distributors from selling those goods on third-party...more

Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.

by Burr & Forman on

In Cypress Fairway Condo. v. Bergeron Constr. Co., 164 So. 3d 706 (Fla. 5th DCA 2015) the 5thDistrict Court of appeals defined “completion of the contract” to mean completion of performance by both sides of the contract, not...more

The Article 29 Working Party Releases Guidelines on BCRs Under The GDPR

by WilmerHale on

On December 6, 2017, the European Union’s Article 29 Working Party released two sets of guidelines on Binding Corporate Rules (“BCRs”) it had adopted a week earlier. BCRs are internal rules that define a group of companies’...more

Defense contractors – the time has come: December 31 is the deadline for cybersecurity safeguarding compliance

by DLA Piper on

Defense contractors and subcontractors that handle certain types of defense information must be in compliance with Department of Defense (DoD) cybersecurity requirements by the December 31, 2017 deadline. Affected contractors...more

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

by Shearman & Sterling LLP on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Orrick's Financial Industry Week In Review

CFTC Statement on Self-Certification of Bitcoin Products by CME, CFE and Cantor Exchange - On December 1, 2017, the Commodity Futures Trading Commission ("CFTC") issued a Statement on the Self-Certification of Bitcoin...more

Trade & Manufacturing Alert - December 2017

by King & Spalding on

“Core Elements” Of TPP-11 Agreement Reached In Vietnam - On November 10, 2017, Trade Ministers from the eleven remaining Trans-Pacific Partnership (TPP) countries (minus the United States) announced that they had reached...more

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