Business Law

I have posted cranky things about conceptual art in this space before here and here. Sid DeLong also commented less crankily on the "Take the Money and Run" piece that you thought was […]

Sustainability Disclosure Requirements The Sustainability Disclosure Requirements (SDR) are a new standardised disclosure framework, initially focussed on climate risks. Built on, but going beyond […]

This blog post is part of a series on “FMLA – Back to Basics.”  Click here for related posts. Employees who are eligible for leave under the Family and Medical Leave Act (“FMLA”) may use […]

The SEC’s report on what happened with GameStop and other meme stocks earlier this year is available here now. It’s a fantastic breakdown of what happened and a real resource for explaining market […]

“D” is for Dead Hand Control (Part 2) Sidney DeLong As discussed in yesterday’s post, contract alone cannot achieve Grafton’s goal of post-mortem control of her copyrights. Suppose that […]

Background There is an increasing demand for companies to disclose more precise details of their climate strategy and carbon emissions and regulators are consulting/amending their rules to provide […]

BCLP Counsel Jim Dudukovich, a well-known advertising and social media lawyer, authored an article published Oct. 19 by the Daily Report that discusses the Notice of Penalty Offenses sent recently by […]

BCLP Partner Andrey Spektor, former federal prosecutor, was selected from a national pool of prosecutors to co-author an article for the September issue of the Department of Justice’s Journal of […]

“D” is for Dead Hand Control Sidney W. DeLong Art may be immortal, but artists must all die: ars longa, vita brevis. Yet, a little piece of the artist survives in immortal artwork, and an artist […]

Mark Roe has posted "Dodge v. Ford: What Happened and Why?" on SSRN (here). The first half of the abstract is excerpted below. My initial reaction to the abstract (I have not read the […]

Introduction Whether to terminate of a complex agreement for material and/or repudiatory breach is a common and yet difficult decision to make as a business (and to advise on as a lawyer).  And, […]

This blog post is part of a series on “FMLA – Back to Basics.”  Click here for related posts. In addition to obtaining an initial medical certification when an employee first requests leave […]

International Charity Fraud Awareness Week October 18-22, 2021 Please join the IRS and other international organizations and regulators by participating in the annual International Charity Fraud […]

A major U.S. cryptocurrency exchange recently disclosed its receipt of a Wells Notice from the SEC, which threatened charges for violating Section 5 of the Securities Act in connection with the […]

1. Garcia Case Highlights Necessity of Knowing Your Customer and Listening to Internal Fraud Watchdogs. The SEC’s recent Order against a broker-dealer (the “Firm”) imposed a $750,000 financial […]

Top Downloads For: Contracts & Commercial Law eJournal Recent Top Papers (60 days) As of: 20 Aug 2021 – 19 Oct 2021 Rank Paper Downloads 1. Discharging the Discharge for Value Defense Eric L. […]

As a result of the UK government’s decision in the summer to lift restrictions in respect of office working, employers across the country have been re-opening their doors and encouraging their […]

Earlier this year, Transactions: The Tennessee Journal of Business Law, published papers presented at the 2020 Connecting the Threads IV symposium, held on Zoom just about a year ago. Back in July, I […]

Image by Tdorante10 – CC BY-SA 4.0 District Judge Jed Rakoff of the Southern District of New York recently decided a juicy third-party beneficiary claim. The link is not publicly available yet, but […]

This week, I continue in my series of posts about controlling shareholders (prior posts here, here, here, here, here, here, here, here, here, and here) to call your attention to Patel v. Duncan, […]

Can "hypermaterial" public information about a stock render the company’s (once material) nonpublic internal data immaterial? Consider the following scenario involving social-media-driven […]

Since the very idea for weekend frivolity came from Steve Vladeck and Bobby Chesney’s wonderful National Security Law podcast, it seems highly appropriate to celebrate Steve’s memification in this […]

This blog post is part of a series on “FMLA – Back to Basics.”  Click here for related posts. Many employers are familiar with the employee notice obligations and other deadlines relating to […]

Following recent court decisions, the options available to an owner of empty business premises to avoid a liability for empty property rates have been reduced.  This matters because no rates are […]

BCLP Partner Claire Morel de Westgaver authored an article published Oct. 15 by The Impact Lawyers on preserving trade secrets in international arbitration. With the growing importance of data and […]

New York regulates per- and polyfluoroalkyl substances (“PFAS”) in drinking water, consumer products, firefighting foam, Personal Protective Equipment (“PPE”), and recently proposed the […]

The claim The Claimant had the burden of proving on the balance of probabilities that his illness was caused by contaminated food served to him in his hotel. He relied upon a report authored by a […]

With the issue of DevB’s Circular implementing a contractual SOP regime for Hong Kong public works contracts and sub-contracts starting from 31 December 2021, the need to prepare for the […]

The FTC Steps Up its Game on Endorsement Enforcement October 15, 2021 As noted in this press release issued earlier this week, the Federal Trade Commission (“FTC”) has sent a Notice of Penalty […]

BCLP Law Clerk Ryan Fitzpatrick and Partners Cory Smith and George Chen authored an article published Oct. 13 by Law360 concerning a recent patent decision from the U.S. Court of Appeals for the […]

“Decarbonization” and “Electrification” are the buzzwords floating around Illinois following Governor Pritzker’s signing of the Climate and Equitable Jobs Act (the “Act”) on September […]

As many employers develop and implement mandatory COVID-19 vaccine policies, the legal landscape for federal and private vaccine mandates continues to develop.  Below are a few recent developments […]

For BLPB readers interested in financial market infrastructures (FMIs), there’s something new and exciting to put on your fall reading list! Don’t wait too long. Comments on the new CPMI-IOSCO […]

We may be a day late, but we’re certainly not a dollar short, with appearances by formalism, bargaining, corporate governance, and even property in this week’s SSRN top downloads! Take a look for […]

We take a break from our usual programming to provide this bit of shameless self-promotion: Jeremy Telman on Eric Segall’s Supreme Myths Podcast Or if you would like the full video experience (cat […]

Beginning Tuesday, October 12, 2021, the U.S. Trade Representative (USTR) will accept public comments on whether to reinstate expired Chinese product exclusions from the Section 301 tariffs that had […]

Background facts Vale SA v Steinmetz related to an arbitral award issued under the LCIA Rules (the “LCIA Award”) which was handed down after a large-scale arbitration which last over five years. […]

THE SOP REGIME The SOP regime will take effect in two stages. For Group B or Group C contractors listed in DevB’s “List of Approved Contactors for Public Works”, the SOP regime will apply to […]

FINRA’s History or Expressed Concerns Regarding High Risk Brokers As noted in one of our prior Alerts, FINRA first began discouraging member firms from hiring “high risk” brokers by launching […]

California signed into law last week a number of measures intended to address environmental concerns in consumer products and packaging, including a ban on use of the chasing arrows recycling symbol […]

The University of Miami is accepting applications for a tenure-track faculty position within the Business Law Department at the Patti and Allan Herbert School of Business (MHBS) commencing August 15, […]

Ohad Somech Doctoral Student in the Zvi Meitar Center for Advanced Legal Studies in Tel-Aviv University In a series of articles, Stephen Burgen of The Guardian reported on the struggle of […]

Partner Ian Ivory authored an article published on October 6 by Private Equity News discussing “Why do buyout lawyers keep reinventing the wheel on investment docs?” This article discusses why we […]

The RPDT is a new tax on large corporate residential property developers that undertake residential property development activities in relation to UK land.  It will be effective from April 2022 and […]

Dear BLPB Readers: The Department of Business Law at California State University, Northridge, has an open faculty position: "The Department of Business Law invites applications for a […]

The following is a guest post by Itai Fiegenbaum, Visiting Assistant Professor of Law at Willamette University College of Law: Minority expropriation by a controlling shareholder manifests in a […]

The following clip is full of things I hate: Taco Bell Formal debates Popular culture parodying academic discourse The debate over whether a taco (or a wrap or a reuben or an oreo cookie or an […]

“I’m going to make him an offer he can’t refuse”, was Vito Corleone’s favourite negotiating tactic. While his methods are a far cry from how things are done in the construction industry, […]

Reconciliation of Payroll Webinar You are invited to register for a free webinar on Payroll Reconciliation hosted by the Office of Federal, State and Local Governments on October 14, 2021 at 2:00 PM […]

China’s new PIPL is a piece of legislation which highlights the need for data subjects’ knowledge and consent, said law expert Mr Yang Heqing. One day after the PIPL was passed, Yang issued […]