Business Law

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 (!) […]

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 […]

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 […]

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 […]

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 […]

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, 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]