- Exercise Caution: Why Cautionary Statements May Misdirectby joanheminway on January 31, 2023 at 4:10 am
I have had the good fortune of talking to friend-of-the-BLPB Frank Gevurtz about some of his illuminating "takes" on Omnicare, Inc. v. Laborers District Council Construction Industry […]
- Residential Appointments at the Harvard Project on the Foundations of Private Lawby Jeremy Telman on January 30, 2023 at 2:02 pm
The Project on the Foundations of Private Law at Harvard Law School is seeking applicants for full-time, one- to two-year residential appointments, starting in the fall of 2023. The Project on the […]
- Visiting Position at Wyoming College of Lawby Jeremy Telman on January 30, 2023 at 12:30 pm
The University of Wyoming College of Law welcomes applications for a Visiting Professor at any faculty rank to teach in the areas of business law and/or commercial law. Specific curricular needs […]
- Welcoming the New Year with EPA Revisions to the All Appropriate Inquiry Regulationson January 30, 2023 at 5:00 am
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to […]
- Tesla and Basicby Ann Lipton on January 27, 2023 at 11:16 pm
One of the bigger securities stories these days is the “taking Tesla private at 420” trial going on right now, simply because it’s so rare to have a securities fraud class action trial at all. […]
- KCON Registration Deadline is Nigh!by Jeremy Telman on January 27, 2023 at 12:31 pm
The Sixteenth International Conference on Contracts will be held at Texas A&M University School of Law in Fort Worth on Friday & Saturday, March 17-18, 2023. Paper abstracts and proposed […]
- Update on the Robot Lawyer in Courtby Jeremy Telman on January 26, 2023 at 4:21 pm
My student Jewel Porter provided me with the following update on the DoNotPay story that we ran last week. Nice to see that DoNotPay has not forgotten his ABCs — the rest of the thread is about the […]
- AI Contract Draftingby Jeremy Telman on January 26, 2023 at 12:12 pm
I feel like I have to revisit this story anew every couple of years. Over a decade ago, companies were offering AI solutions to contracts drafting problems. Software has long been available to help […]
- Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 –…on January 26, 2023 at 5:00 am
The purpose of the qualifying lease certificate One goal of the BSA 2022 is to protect leaseholders from bearing the financial burden of remedying historic building safety defects in relevant […]
- Stay above board: new thresholds applicable to Clayton Act prohibition on interlocking directorateson January 26, 2023 at 5:00 am
The Federal Trade Commission recently announced revised thresholds (“2023 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on […]
- Open Faculty Position – Assistant Professor of Business Law, Minnesota State University Mankatoby Colleen Baker on January 25, 2023 at 9:38 pm
Dear BLPB Readers: From Professor Wade Davis: "Minnesota State University Mankato is hiring a tenure track Business Law professor position for fall 2023. Here is a link to the Job Posting. The […]
- Sid DeLong, The Rainmaker’s Caseby Jeremy Telman on January 25, 2023 at 12:59 pm
The Rainmaker’s Case (and the Aleatory Contingency Fee Scam) Sidney W. DeLong When lawyers hear the word “rainmaker,” they think of a partner in a law firm who makes his money by attracting […]
- TEGE Exempt Organizations Councilon January 25, 2023 at 5:00 am
Registration is now open for the TEGE Exempt Organizations Council’s March 2-3, 2023, Exempt Organizations Annual Meeting and Update, presented in cooperation with DC Bar Continuing Legal Education […]
- How will the CFPB maintain its focus on compliance and enforcement in 2023?on January 25, 2023 at 5:00 am
BCLP Partner Matt Petersen and Associate Kaitlin DeWulf co-authored an article published Jan. 23 by Westlaw Today concerning the Consumer Financial Protection Bureau’s (CFPB) continued focus on […]
- Save the Date: 2023 National Business Law Scholars Conferenceby joanheminway on January 25, 2023 at 4:33 am
The call for papers will be posted soon, but I wanted to let everyone know that The University of Tennessee College of Law will be hosting the National Business Law Scholars Conference in person (!) […]
- Tuesday Top Ten – Contracts & Commercial Law Downloads for January 24, 2023by Mark Edwin Burge on January 25, 2023 at 12:04 am
Top Downloads For: Contracts & Commercial Law eJournal Recent Top Papers (60 days) As of: 25 Nov 2022 – 24 Jan 2023 Rank Paper Downloads 1. Transactional Drafting: Introduction to Contract […]
- Sale of a Plane Leads to the Arrest of a President’s Sonby Jeremy Telman on January 24, 2023 at 1:30 pm
No, not that President’s son. Teodoro Obiang Nguema Mbasogo (shown here meeting with U.S. Secretary of State, Condoleeza Rice) has been President of Equatorial Guinea since he deposed his uncle in a […]
- State aid: European Commission adopts new rules for agriculture, forestry and fishery and…on January 24, 2023 at 5:00 am
Revisions to the ABER and FIBER extend the scope of block-exempted measures (which do not require prior approval under the Commission’s state aid rules), including for: Aid to prevent or […]
- How Far Will the DOJ Go? Individual Accountability in Corporate Criminal Caseson January 24, 2023 at 5:00 am
On January 17, 2023, the Justice Department announced a change in its corporate policy, incentivizing companies to self-report by promising that it would consider declining prosecution, even if […]
- LPE Project on the Proposed FTC Ban on Non-Competesby Jeremy Telman on January 23, 2023 at 1:30 pm
We posted last week on the proposed new FTC rule that would impose severe limits on non-compete provisions in employment contracts. The Law and Political Economy Project has posted eight perspectives […]
- The Roberts Court Can Hit Two Birds (Unions and Agencies) in One Blowby Jeremy Telman on January 23, 2023 at 12:14 pm
The Roberts Court, led by Justice Alito, has pursued an aggressive anti-union agenda. For example, in Janus v. American Federation (2018), in a 5-4 decision, the Court found that a 41-year-old […]
- Unusual Musk Trial Highlights Risks Facing Public Company Executiveson January 23, 2023 at 5:00 am
Amidst all the controversy and legal proceedings involving Elon Musk, one could overlook the fact that he and his company Tesla are on trial now in U.S. District Court for securities fraud. Yet […]
- FTC Announces 2023 Size Thresholds and Fee Structure under HSR Acton January 23, 2023 at 5:00 am
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements act of 1976, as amended (“HSR Act”). The […]
- waystar/ROYCO School of Law: Classes Start This Week!by joanheminway on January 21, 2023 at 10:18 pm
As some of you may have heard, following on the success of the Yada Yada Law School, administered by friend-of-the-BLPB Greg Shill, a group of law faculty are getting together to teach classes in the […]
- Well, that was inevitableby Ann Lipton on January 21, 2023 at 7:55 am
A couple of months ago, I blogged about Menora Mivtachem Insurance v. Frutarom, 54 F.4th 82 (2d Cir. 2022). There, a public company issued new stock in connection with a merger, and the S-4 contained […]
- The Evergreen privacy programme — myth or reality?on January 20, 2023 at 5:00 am
This article was first published on PDP Journals (subscription required) Though perhaps falling short of being a universally accepted one, it is a truth that any organisation processing personal […]
- Mayor Announces “Get Stuff Built” Plan to Streamline Building and Land Use Processeson January 20, 2023 at 5:00 am
BCLP Associate Kurt Steinhouse authored an article published Jan. 19 by CityLand concerning New York City’s latest land use roadmap, Get Stuff Built, which is designed to address housing […]
- PFAS Update: 2022 Federal PFAS Regulatory Recapon January 19, 2023 at 5:00 am
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency […]
- Paris Litigation Gazette Issue 1on January 19, 2023 at 5:00 am
Differentiated general terms and conditions of sale: French Supreme Court specifies conditions of supplier’s liability for failure to comply with their duty to communicate The French Supreme Court […]
- UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation…on January 19, 2023 at 5:00 am
Can a “without prejudice” discussion held prior to termination of employment be legally privileged and protected from disclosure? Most readers will be familiar with the process of a “without […]
- The year ahead in Brussels – the European Commission’s expanding scrutiny of M&Aon January 19, 2023 at 5:00 am
Merger control – a reduction in deal certainty Illumina/GRAIL and the power of Article 22 The Commission’s now not-so-new approach to Article 22 of the EU Merger Regulation, which we have written […]
- MLK and ESGby joanheminway on January 17, 2023 at 5:52 am
I have given several talks on ESG (environmental, social, and governance) matters in the past few months. And, of course, it is a subject discussed in the classroom. As we celebrate the birthday of […]
- In the spotlight: Statutory Implied Conditions, Exclusions and Questions of Reasonablenesson January 17, 2023 at 5:00 am
A recent case (Last Bus Ltd (trading as Dublin Coach) v Dawsongroup Bus and Coach Ltd [2022]) has provided a useful reminder of the circumstances in which commercial parties may exclude statutory […]
- How Far Will the DOJ Go? Individual Accountability in Corporate Criminal Caseson January 17, 2023 at 5:00 am
BCLP Partners Laura Perlov and Andrey Spektor co-authored an article published Jan. 12 by Corporate Counsel titled “How Far Will the DOJ Go? Individual Accountability in Corporate Criminal […]
- Can The Next Generation of Lawyers Save the World?by Marcia Narine Weldon on January 15, 2023 at 1:26 am
An ambitious question, yes, but it was the title of the presentation I gave at the Society for Socio-Economists Annual Meeting, which closed yesterday. Thanks to Stefan Padfield for inviting me. In […]
- A tale of two Primedia claims (or is it?)by Ann Lipton on January 13, 2023 at 2:59 pm
This is sort of arcane, but I am fascinated by two decisions that came out of Delaware this week from VC Laster and VC Glasscock. They are remarkably similar in facts and result, but travel slightly […]
- Greening Real Estate – understanding the Green Premium in Corporate Real Estate M&Aon January 13, 2023 at 5:00 am
The Green Premium The green premium is described as the higher price that sustainability-focused companies pay when renting or buying buildings with certified sustainability credentials that align […]
- FINRA’s Motion To Dismiss Constitutional Challenge in Scottsdale Capital v. FINRAby Benjamin P. Edwards on January 12, 2023 at 10:55 pm
Last year, I covered a lawsuit challenging FINRA’s constitutional status and the top-notch lawyers FINRA hired to defend it. Since then, FINRA has filed its motion to dismiss. You can read it […]
- Don’t panic: the long view of FTC’s proposed non-compete ruleon January 12, 2023 at 5:00 am
Last week, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking (the “Proposed Rule”) proposing a rule that would ban “non-compete” agreements. Finding that […]
- Concurrent delay: the latest guidance from the courtson January 12, 2023 at 5:00 am
What happened? The claimant contractor, Thomas Barnes & Sons plc (in administration) and the defendant employer, Blackburn with Darwen BC, entered into an amended JCT SBC with Quantities, 2011 […]
- Newly Released – Independent Review of Events in the Nickel Market in March 2022by Colleen Baker on January 12, 2023 at 12:22 am
For those readers interested in exchanges and clearing, I wanted to highlight that Oliver Wyman’s "Independent Review of Events in the Nickel Market in March 2022" was released yesterday. […]
- USTR to Close Comment Period on Continuation of Section 301 Tariffs on Chinese Imports on January 17on January 11, 2023 at 5:00 am
Background Section 301 of the Trade Act of 1974, 19 U.S.C. § 2411, authorizes the USTR to take retaliatory trade measures against a foreign country to eliminate any act, policy, or practice that it […]
- Society of Socio-Economists Annual Meeting Continues Through Fridayby Stefan J. Padfield on January 11, 2023 at 2:21 am
Below are the upcoming events taking place online as part of the Society of Socio-Economists Annual Meeting (all times EST). All events are accessible via a single link, which will be sent to you […]
- FTC Proposed Ban on Non-Competeson January 10, 2023 at 5:00 am
Taking aim at what it views as an unfair practice that keeps hundreds of billions of dollars out of workers’ pockets, on January 5 the Federal Trade Commission (FTC) issued proposed rulemaking that […]
- The best avenue for charging Rep.-elect George Santoson January 10, 2023 at 5:00 am
BCLP Partner Andrey Spektor co-authored an op-ed published Dec. 31 by NBC News on the potential indictment of Rep.-elect George Santos, who has admitted to lying about his work experience and […]
- Automating Bias – Cardozo Law Review Symposiumby joanheminway on January 9, 2023 at 11:37 pm
If you are interested in business law topics at the intersection of law & technology and social inclusion, and if you are in NYC on January 25 (or just generally available that day for a […]
- PFAS Update: New York Prohibits PFAS in Apparelon January 9, 2023 at 5:00 am
I. Provisions and Background New York’s relatively short bill states that “no person shall sell or offer for sale in this state any apparel containing perfluoroalkyl and polyfluoroalkyl […]
- Deadline Extended – Fordham Journal of Corporate and Financial Law Call for Papersby Colleen Baker on January 8, 2023 at 6:00 pm
Dear BLPB Readers: "Fordham JCFL Volume XXVIII: Call for Submissions Update The Fordham Journal of Corporate & Financial Law has extended its call for submissions for the Spring 2023 Issue […]
- Non-competes, and also SPACsby Ann Lipton on January 7, 2023 at 10:20 am
Couple of things this week. First, the FTC proposed a new rule that would bar employers from requiring employees to sign noncompetes that extend post-employment. It’s a very broad proposal; it […]
- Mittal & Jung on “Strategic Management of Corporate Political Activism”by Stefan J. Padfield on January 6, 2023 at 1:02 pm
Vikas Mittal and Jihye Jung have posted Strategic Management of Corporate Political Activism on SSRN. Here is the abstract: Senior leadership at many organizations engages in overt corporate […]