Business Law

Last week, with some help from Eric Goldman, we reported on the Fifth Circuit’s decision, lifting a stay on Texas’s HB 20, which subjects social media platforms with more than 50 million monthly […]

BCLP Partners Cory Smith and George Chen authored an article published May 24 in Law360 concerning a recent decision by the U.S. Court of Appeals for the Federal Circuit — Almirall LLC v. Amneal […]

On 18 May 2022 a draft report on ‘AIFMD II’ was published, containing proposals by a rapporteur presented to the ECON committee. It sets out a list of suggested amendments to the European […]

From time to time, JOTWELL provides reviews by contracts profs on recent contracts law scholarship. A recent example is an essay by Hila Keren (left), Vast Scale Undue Influence, reviewing Jamie […]

Hong Kong is not a party to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Accordingly, the two mechanisms by which a foreign judgment may […]

You read that right! The U.S. Supreme Court today handed down a unanimous seven-page opinion authored by Justice Kagan. The Court vacated an Eighth Circuit opinion that had granted defendant’s late […]

The edited (and annotated) transcript of my 2021 "Try This" session from the 7th Biennial Conference on the Teaching of Transactional Law and Skills ("Emerging from the Crisis: The […]

Every once in a while, there is a contract that almost nobody wants to read but almost everyone wants the tl;dr on. So it is with Elon Musk’s agreement to buy Twitter. One needs to look at the actual […]

Executive Summary and Comments The procedure for designation of a nuclear company under the Nuclear Act entails a detailed application by the nuclear company followed by an extensive assessment and […]

On May 12, 2022, Mayor Eric Adams signed a bill amending New York City’s salary disclosure law (the “Pay Transparency Law”) and moving the effective date, from May 15, 2022 to November 1, […]

K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. Brief facts The sum […]

Running a procurement process Procurement principles and objectives Part 2 of the Bill is entitled, somewhat misleadingly perhaps, “Principles and Objectives”. It clearly sets out (at clause 11) […]

The world seems to be fascinated with Musk’s antics in connection with the Twitter acquisition (I have to pay attention; it’s my job), and in particular, a question that seems to be coming up a […]

It’s a lovely Friday night for grading papers for my Business and Human Rights course where we focused on ESG, the Sustainable Development Goals (SDGs), and the UN Guiding Principles on Business and […]

I am happy to share that I have published two sonnets in Light. These are my first published poems, unless Limericks count, and they don’t. The setting is fitting for frivolity, as Light publishes […]

On May 3, 2022, the SEC’s Division of Corporation Finance (“CorpFin”) issued guidance reminding companies with disclosure obligations under U.S. securities laws to be cognizant of any […]

The qualifying criteria As set out in Parts 8 and 9 of the Bill, it is for the local authority to designate those streets and/or centres that it considers to be “important to the local economy […]

In Lucht’s Concrete Pumping, Inc. v. Horner, 255 P.3d 1058 (Colo. 2011), the Colorado Supreme Court held that continued at-will employment provides sufficient consideration for a noncompetition […]

The Fifth Circuit recently decided Jarkesy v. Sec. & Exch. Comm’n, No. 20-61007, 2022 WL 1563613, at *1 (5th Cir. May 18, 2022). The case has significant implications for the SEC’s use of […]

After an eleven year process, the American Law Institute (ALI) approved the Restatement of Consumer Contracts Law. Congratulations to Reporters, Oren Bar-Gill, Omri Ben-Shahar, Florencia […]

The case of The Rugby Football Union v Clark Smith Partnership Ltd and FM Conway Ltd joins a growing and I believe important line of cases dealing with issues of co-insurance and subrogation. […]

Many of our clients invest in pan-European portfolios but staying on top of the different lease regimes can be a challenge. In this article we look at the ten things you should know about lease […]

At the end of March 2022, King’s College released a report, “Procuring Net Zero Construction”, based on research led by Professor David Mosey, Darya Bahram, Dr Roxana Vornicu and Dr Paolo […]

I was excited to see that Professor Jeremy Kress’ excellent new article, Banking’s Climate Conundrum, is forthcoming in the American Business Law Journal! Kress presented this article during The […]

Word broke last week that Bobby Chesney (right) has been appointed the incoming Dean of UT Austin School of Law. Dean Chesney is one of the nicest people you will ever meet in the academy. That is […]

BCLP Senior Counsel Greg Hummel and Laurie & Brennan LLP Senior Counsel Ross J. Altman co-authored an article published in the winter edition of the Journal of the American College of […]

What’s hot in recent contract and contract-adjacent scholarship as we settle into the summer months? So glad you asked! Check out this week’s Tuesday Top Ten: Top Downloads For: Contracts & […]

Ever since I listened to the first season of Serial, I have thought it would be great to do a podcast called 1L. It would track the experience of a group of law students through their first year of […]

Over at the University of Chicago’s ProMarket site, Bernard Sharfman has posted: Will “Portfolio Primacy” Throw a Monkey Wrench in Elon Musk’s Plans to Acquire Twitter? In the piece, Sharfman […]

1. UK antitrust regulator letter to leading retail bank regarding breaches of the Retail Banking Order On 28 April 2022, the UK’s antitrust watchdog, the Competition and Markets Authority (the […]

BCLP Partners Chuck Hollis, Sean Christy and Anne Friedman authored a chapter in Global Legal Insights – AI, Machine Learning & Big Data 2022 concerning artificial intelligence (AI) trends in […]

Dear Section Members — On behalf of the Executive Committee for the AALS section on Business Associations, I’m writing with details of our two sessions at the 2023 AALS Annual Meeting, which will be […]

If you follow this blog closely, thank you! Also, you may have noticed that I have been gathering cases in which the law of contracts intersects with the First Amendment. The most recent such post is […]

On April 27, 2022, the cleanup plan for the Dover Municipal Landfill Superfund Site in New Hampshire was reopened to add 1,4-dioxane as a groundwater contaminant of concern.  EPA’s proposed […]

So of course, after I drafted this post about Chancellor McCormick’s decision in Coster v. UIP Companies, the Ninth Circuit came down with a decision affirming the district court opinion in Lee v. […]

Earlier this month, I came across a fun Wall Street Journal article, "Great Novels About Business: How Much Do You Know?" The article got me thinking about business-themed novels more […]

Article by Pierre Popesco, partner in the real estate practice of BCLP in Paris, published in LSA on “the concept of soil artificialisation is finally becoming clear” The notion of “artificial […]

Following a meeting of G7 leaders on May 8, 2022, the United States enacted additional sanctions and export control measures in response to the ongoing conflict in Ukraine. Among the changes: a […]

What? The Leasehold Reform (Ground Rent) Act 2022 (the “Act”) restricts ground rents in certain future residential leases to a token ‘peppercorn’ per year. Landlords will also be prohibited […]

The comment period for the SEC’s proposed amendments to Rule 10b5-1 expired on April 1, 2022.  A review of some representative submissions generally showed strong support from institutional and […]

The European Commission (EC) has been reviewing and consulting on its Regulation n° 330/2010 concerning vertical agreements and concerted practices for roughly three years.  While adapting to the […]

After the end-of-semester crunch and a bout with Covid, I’m back to reading Hilary Allen’s Driverless Finance. Chapter three, focused on Fintech and Capital intermediation seems prophetic today. In […]

This week, legislation was proposed in New York that would significantly change how an insurer’s capital needs and availability are calculated and reported. The proposed legislation would require […]

In an aim to increase transparency in the U.S. dietary supplement industry, Senators Dick Durbin (D-IL) and Mike Braun (R-IN) recently introduced the Dietary Supplement Listing Act of 2022—a bill […]

Question: Is planning permission required to install EV charging points in an existing building? The installation of charging points is “development” for the purposes of the Town and Country […]

As I have heard many other educators state, this was the toughest semester in my dozen years as a teacher. In my case, it was a mix of difficulties – teaching an overload, representing my […]

Specific disclosure requests require specific justification The EAT has allowed in (small) part an appeal regarding an application for specific disclosure of documents that the claimant believed […]

This article was first published by Lexis®PSL Corporate crime on 9 May 2022 and is republished with permission. The original article can be accessed here (subject to subscription). Why have these […]

This year’s Queen’s Speech, which sets out the government’s legislative agenda for the new parliamentary year, is notable not only because it was delivered by Prince Charles for the first time, […]

Now that we are knee deep in annual meeting season, companies should consider preparing for “what if” questions that may arise during Q&A based on current events.  For example, shareholders […]