News & Analysis as of

Established Business Relationship

Calling an Organization a Partnership Doesn’t Make it One, But Not Calling it a Partnership Doesn’t Make it Not One. Got It?

by Farrell Fritz, P.C. on

I’ve said it before, I’ll say it again: for professionals who dwell in the world of LLCs, whether as transactional, tax, or litigation counsel, attending the annual, two-day LLC Institute, sponsored by the LLCs, Partnerships...more

Braced for Brexit

by Hogan Lovells on

As negotiations continue, so do business preparations. Change is almost inevitable but the extent, nature and timing is uncertain. How can such change be addressed in one-off transactions (e.g. M&A) and in on-going...more

Can't Touch This! Florida Supreme Court Says Attorney-Client Privelege Protects Lawyer Referrals to Doctor

by Rumberger Kirk & Caldwell on

Most Florida courts have permitted defendants to explore the relationship between plaintiff firms and the medical providers to whom they refer their clients. Unfortunately, in a 4-3 decision earlier this month, the Florida...more

Michigan Treasury Issues Revised Interpretation of Unitary Business Groups Following LaBelle Decision

by Varnum LLP on

On February 28, 2017, the Michigan Department of Treasury issued guidance in response to the Supreme Court's denial of Treasury's application to appeal LaBelle Management, Inc v Michigan Department of Treasury, 315 Mich App...more

When Love and Business Fails

by Farrell Fritz, P.C. on

When a romantic affair evolves into a business relationship, the eventual falling out can be especially messy. Even more so if the former lovers try to keep the business going after the romance ends. That is a theme from a...more

SEC Provides Guidance on “General Solicitation” in C&DIs and No-Action Letter

On August 6, 2015, the Staff of the Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued new compliance and disclosure interpretations (C&DI Questions 256.23 through 256.33) regarding the meaning...more

SEC Division of Corporate Finance Issues New CD&Is Relating to General Solicitation and Regulation D

On August 6, the Staff of the Division of Corporate Finance of the Securities and Exchange Commission (Staff) released new Compliance and Disclosure Interpretations (C&DIs) relating to “general solicitation” under Rule 502(c)...more

Why The SEC’s Pre-Existing Relationship Test Is The Mirror Image of California’s

by Allen Matkins on

One significant condition to California’s limited offering exemption is that all purchasers have a “pre-existing relationship”...more

Guest Post - Just the Fax, Ma’am

by Reed Smith on

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of...more

The Value of Relationships

Maybe, given that we’re living in the age of social media with Facebook “friends” and LinkedIn contacts, it shouldn’t be all that surprising that the value of relationships may appear to have diminished. In fact, in many...more

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

by Ballard Spahr LLP on

Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

Contractual Provisions Disclaiming Attorney-Client Relationship Do Not Let Lawyer Off The Hook

by Allen Matkins on

Suppose a contract includes the following provisions: “Founder is relying solely on her legal counsel and not on any statements or representations of the Company’s legal counsel for legal advice with respect to this...more

CFTC Grants No-Action Relief to SDs and MSPs Regarding Relationship Documentation and Business Conduct

CFTC Grants No-Action Relief to SDs and MSPs Regarding Relationship Documentation and Business Conduct - The Division of Swap Dealer and Intermediary Oversight (DSIO) of the Commodity Futures Trading Commission issued...more

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more

Spam Smart Tip: Transition Period Balm For The Compliance Sting

by Dentons on

Transition periods for new legislation are often critical in taking the sting out of compliance costs. But some transition periods are better than others. In the case of Canada’s Anti-Spam Legislation (CASL), organizations...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

by Burr & Forman on

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

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Cybersecurity

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