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HTMLPCI DSS - What It Is and Why It Is Relevant to Your Business
Kristin Ward Cleare, Brian M. Murphy, Robert J. Pile, Mark Thibodeaux, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 4, 2016, previously published on February 4, 2016
The Payment Card Industry Data Security Standard—or PCI DSS—sets out the minimum data protection measures required of all entities involved in payment card processing. The Payment Card Industry Security Standards Council (the PCI Security Standards Council) maintains the PCI DSS as part...

 

HTMLReplacement Cost Coverage is Not Your Friend
Daniel R. Sullivan; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
February 4, 2016, previously published on January 2016
Every business that owns or operates out of a brick and mortar location needs a commercial insurance policy for that building. This we can all agree on. But what happens when the insurance policy will pay out only after the policy holder replaces the destroyed property? What happens if the...

 

HTMLThe New Section 4(a)(7): More Than a Codification of Section “4(a)(1˝)”
Samuel Asher Effron, Clifford Michael Silverman; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2016, previously published on January 21, 2016
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 statutory exemption under Section 4(a)(7) of the Securities...

 

HTMLExcluding Your Gains on Small Business Investments
Daniel I. DeWolf, Rachel Gholston; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2016, previously published on January 19, 2016
2016 promises to be another very good year to invest in start-ups because of the extension of significant tax breaks for investors who invest in early stage companies. Investors who invest in small businesses can exclude capital gains realized on the sale of stock in such businesses if they choose...

 

HTMLApplications for Conciliation Only Suspend Prescription of Damages Claims If Accurate
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
February 1, 2016, previously published on January 29, 2016
A lot of investors are entitled to claim damages after an investment has gone wrong. It is possible to suspend the statute of limitations for these claims by properly submitting applications for conciliation.

 

HTMLDelaware Bankruptcy Court Indicates That Directors and Officers of an Insolvent Company May Be Liable for Breaches of Fiduciary Duty for Failing to Provide Timely WARN Act Notice
Kenneth H. Brown, Peter J. Keane, Bradford J. Sandler; Pachulski Stang Ziehl & Jones LLP;
Legal Alert/Article
January 29, 2016, previously published on January 7, 2016
Directors and officers of distressed businesses face a dizzying array of challenges, including personal liability for unpaid wages under federal and state laws. The federal Worker Adjustment Retraining and Notification Act [1] and similar state laws (the "WARN Act") require at least 60...

 

HTMLBundeskartellamt has Audio Books in its Sights
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
January 28, 2016, previously published on January 27, 2016
Audio books have attracted the attention of the Bundeskartellamt (German Federal Cartel Office). The competition watchdog is investigating whether an online mail order company and a manufacturer of consumer electronics are acting contrary to competition law.

 

HTMLBGH Strengthens Commercial Agents’ Entitlement to Payment of Voluntary Contributions
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
January 28, 2016, previously published on Januarz 28, 2016
The Bundesgerichtshof (German Federal Court of Justice) has strengthened the rights of commercial agents after their agency agreements have been terminated with its ruling of November 5, 2015 (Az.: VII ZR 59/14).

 

HTMLWinterize your Property Insurance Risks
Talley H-S Kovacs; Pessin Katz Law, P.A.;
Legal Alert/Article
January 27, 2016, previously published on January 8, 2016
Talley’s Tip: The cold may very well be here to stay. So, it’s a good time to turn attention to pipes and roofs and try to minimize the risks that come with unusual weather, ice and snow.

 

HTMLCourt Rules Exclusive Language is Necessary for Specific Forum Selection Clause 
Michael D. Smith; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
Florida’s Third District Court of Appeals recently ruled that a forum selection clause in a contract was permissive rather than mandatory because it did not indicate that the jurisdiction specified in the agreement was the only proper jurisdiction for litigation.

 


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