MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
Quality Of Earnings: Making The Most Of M&A Transactions
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
Utah AG Sean Reyes has secured a $42.5 million judgment against Real Estate Workshop and associated individuals and entities (collectively, “REW”) for their involvement in an alleged real estate investment fraud scheme that...more
Heads I Win, . . . - When closely held corporations that are under common control engage in any intercompany transaction, it is prudent for the corporations and their shareholders to ensure that the transaction is being...more
If you are a business owner, with the mergers and acquisitions market continuing to be active, you may have decided it could be the right time to sell your most valuable asset – the company that you’ve spent years building....more
The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more
We reviewed four quarters of press releases announcing upcoming earning release dates, as well as the subsequent earnings release Form 8-Ks, for 30 public companies in the Lonergan Silicon Valley 150 to determine how long in...more
The general notion among M&A practitioners is that time kills deals. That is even more the case in public deals and even more so in a stock-for-stock deal. To be sure, for each day the deal is not signed, the risk grows that...more
In a settled enforcement action, the SEC charged VMware, Inc., with omission of material information in its disclosures concerning its order “backlog” and revenue management, in quarterly and annual Exchange Act reports, on...more
It’s earnings season, and this week’s Update for the week ending August 5, 2022, is focused on recent quarterly releases from Booking Holdings and Expedia Group. I’ve also attached second quarter earnings call transcripts for...more
Nicole Westbrook, Jones & Keller in Denver, Colorado, and Spencer Reese, Reese & Richards in Utah, discuss FTC proposed rules on earnings claims and nonsolicitation clauses for network marketing companies and their...more
Nicole Westbrook, commercial trial attorney at Jones & Keller in Denver, Colorado, and Spencer Reese from the law firm of Reese & Richards in Utah discuss two matters pertinent to network marketing companies and their...more
Introduction - Lost profit damages are calculated when a plaintiff’s business alleges that the defendant’s actions impaired its operations in some manner. Determining lost revenues is a critical component in calculating...more
With earnings season upon us, it was difficult to limit this week’s Update to just 12 stories. For those of you seeking a deeper dive into the latest on online booking platforms, Expedia Group and Booking Holdings I encourage...more
On April 18, 2021, the Securities and Exchange Commission (“SEC”) announced the fourth enforcement action arising from its EPS Initiative, charging Rollins Inc. (“Rollins”) and its former chief financial officer (“CFO”) with...more
First Quarter bank earnings clarified the new operating environment in 2022 in which loan growth will continue to be a key driver of earnings growth and valuation. Fund finance business lines can continue to be a material...more
Find out why a quality of earnings report is vital for the due diligence of M&A transactions or investing in a business....more
Gregg Laswell, Managing Director in Opportune LLP’s Complex Financial Reporting and Restructuring practices, and Allison Firestone, Director in Opportune LLP’s Restructuring practice, discuss why quality of earnings reports...more
In a sign that the U.S. Securities and Exchange Commission continues to ramp up its enforcement efforts, the SEC last week in In re: Healthcare Services Group Inc. charged a health care services company and its chief...more
On August 24, 2021, the SEC announced a settled enforcement action against Pennsylvania-based Healthcare Services Group, Inc. (HCSG) and its former CFO for accounting and disclosure violations that resulted in the company...more
Stockholders of Zimmer Biomet Holdings, Inc., brought a derivative law suit. Zimmer is a company that manufactures and markets various products in the highly regulated medical device industry. The plaintiffs’ claims stemmed...more
This week’s Update features a number of stories and perspectives on last week’s earnings releases from Booking Holdings, Expedia Group and Tripadvisor. Enjoy....more
The Fed’s Open Market Committee meeting broke yesterday leaving rates at near-zero and pledging to “continue buying government-backed bonds at a steady pace as it tries to support the economy’s recovery from the coronavirus...more
Big Tech quarterly earnings season kicked off this week, and Alphabet got things started with a massive $55B in revenue, up 34% from a year earlier thanks largely to a return of its online advertising business and “continued...more
During its Q4 earnings report yesterday, Netflix announced a significant departure from past practice: it’s done borrowing money (for now, at least). After borrowing “over $16 billion to feed its titanic appetite for content”...more