News & Analysis as of

Private Resales

Kohrman Jackson & Krantz LLP

More Than Just Unauthorized Sales: Scammers are Creating Whole New Websites

We have written extensively about the problem of unauthorized resellers. These are resellers that source a company’s products (whether legitimately or illegitimately) and then resell those products on eCommerce websites such...more

Venable LLP

Digital Good v. Digital Receipt: The Dispute Over StockX's Use of Nike Trademarks in NFTs

Venable LLP on

In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more

Rivkin Radler LLP

The Rental of Art Between Related Parties: Applying the Resale Exclusion to the N.Y. Sales Tax

Rivkin Radler LLP on

“Yes” to Art, “No” to Tax- Private patronage of the arts. For centuries, artists, museums, and galleries have depended, in no small part, upon the largesse of wealthy families. Today, as in the past, many of these...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 20

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal...more

White & Case LLP

The end of the e-book's secondhand market - Court of Justice of the European Union forbids resale without rights holders' consent

White & Case LLP on

White & Case Technology Newsflash - In a constantly growing number of sectors, the acquisition process is shifting more and more towards digital. This also applies to the book market. Whereas in the past, mainly physical...more

A&O Shearman

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

A&O Shearman 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

Proskauer Rose LLP

SEC Staff Issues Guidance Affecting the Registration of Securities for Resale on Form S-3

Proskauer Rose LLP on

The staff of the Securities and Exchange Commission recently issued interpretive guidance relating to the registration of the resale of shares sold to an investor pursuant to a private placement, if the issuer concurrently...more

Sullivan & Worcester

California Resale Royalty Act Claims Dismissed as Preempted by Copyright Law, Despite 1980 Ninth Circuit Holding to the Contrary

Sullivan & Worcester on

Just three months after the Supreme Court denied certiorari review of last year’s Ninth Circuit decision finding California’s Resale Royalty Act unconstitutional under the Dormant Commerce Clause in part—but also valid in...more

Mintz

The New Section 4(a)(7): More Than a Codification of Section “4(a)(1½)”

Mintz on

On December 4, 2015, the Fixing America’s Surface Transportation Act (the “FAST Act”) was signed into law by President Obama. Although the FAST Act is primarily a transportation bill, buried in this legislation is a new...more

Morgan Lewis

The FAST Act, New Section 4(a)(7), and Section 4(a)(1½)

Morgan Lewis on

The new private resale safe harbor is unlikely to gain traction in private offerings of asset-backed securities. On December 4, 2015, US President Barack Obama signed into law the Fixing America’s Surface Transportation...more

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