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HTMLIn Commission Win, Appeals Court Agrees that FTC Can Regulate Business Data Security Practices Under Unfairness Authority
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
In a closely watched case where the Federal Trade Commission (FTC) pursued Wyndham Worldwide Corporation for several data breaches that led to millions of dollars in fraudulent charges on customers’ payment cards, the U.S. Court of Appeals for the Third Circuit on Monday agreed with the...


HTMLAre “Personal Flamethrowers” Under the Jurisdiction of the CPSC?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
Yes. You read that correctly. Two US companies are selling personal flamethrowers to the public. Once grisly weapons of war, the flamethrowers are now being marketed for more practical purposes such as clearing brush and snow, incinerating weeds between cracks on the driveway, controlled burns,...


HTMLSmall Businesses Now the Target of Large Sanctions Penalties
Mary I. Edquist, Robin E. Kaplan; McDonald Hopkins LLC;
Legal Alert/Article
August 24, 2015, previously published on August 20, 2015
The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) enforces the nation’s sanction laws-such as those that prohibit exports to sanctioned countries or transactions involving individuals, companies, and shipping vessels on sanctions lists. The OFAC enforcement stories that...


HTMLEnforcement of Restrictive Covenants in Business Sales
Robert E. Dean; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
August 24, 2015, previously published on August 20, 2015
When you challenge the enforceability of a restrictive covenants in Virginia, the court is going to apply one of two standards. Either the court will closely scrutinize the restrictive covenant, if it is between an employer and employee, or the court is going to apply a more relaxed standard, if it...


HTMLImportance of Risk Management Due Diligence in M&A Transactions
Edwin J. Broecker; Taft Stettinius & Hollister LLP;
Legal Alert/Article
August 17, 2015, previously published on August 13, 2015
A recent SEC disclosure by Vantage Drilling Company (“Vantage”) underscores the importance of thorough due diligence in the context of corporate mergers and acquisitions. Vantage, an oil and gas contractor based in Houston, acquired some drilling vessels from Hsin-Chi Su, a Chinese...


HTMLArbitration in the Cayman Islands
Loeb Smith;
Legal Alert/Article
August 13, 2015, previously published on Summer 2015
This Article provides a brief overview of arbitration in the Cayman Islands and the circumstances in which clients may consider it useful to consider agreeing to this form of alternative dispute resolution (“ADR”) in their contractual arrangements.


Adobe PDFBeware of Claims of Fraud Arising Out of a Breach of a Representation and Warranty in a Written Contract
Jeremy E. Deutsch; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
August 13, 2015, previously published on July 2015
Parties selling businesses make representations and warranties in the purchase agreements as a matter of course. Such representations and warranties are usually intended to provide the beneficiary with some post-closing recourse against the maker if the statements turn out to be false. The recourse...


HTMLIf You Build It, They Will Come...Maybe
Christopher J. Kula; Phillips Nizer LLP;
Legal Alert/Article
August 12, 2015, previously published on August 11, 2015
Are you prepared to borrow against your personal credit lines and credit cards in order to meet cash flow demands? Does the business have a realistic shot at surviving the initial stages without sacrificing your home or life savings? Do you have a wealthy uncle? In reality, many businesses have a...


HTMLUnited Kingdom Enacts Modern Slavery Bill Requiring Transparency in Supply Chains
Edwin J. Broecker, Payal Keshvani; Taft Stettinius & Hollister LLP;
Legal Alert/Article
August 11, 2015, previously published on August 7, 2015
On March 26, 2015, the Modern Slavery Act 2015 (the Act) received royal assent and on July 29, the Home Office published preliminary guidance regarding the Act. To give companies the opportunity to adjust to the requirements of the Act, the full provisions of the Act won’t commence until...


Adobe PDFComparison of the Discovery Process in Civil Litigation in the U.S. and Germany - An Introduction
Claudia Borsutzki, Hagen Weiss; Murchison & Cumming, LLP;
Legal Alert/Article
August 11, 2015, previously published on August 6, 2015
In light of the growth of border-crossing commerce and rapid development of international business relations, international law is becoming a more and more important part of the structure of our growing global society. This article focuses on the law of civil procedure in different jurisdictions,...


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