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|Best Practices in Drafting U.S. Government Subcontract Terms and Conditions|
Erin L. Toomey; Foley & Lardner LLP;
September 17, 2014, previously published on September 15, 2014Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition Regulation (FAR) and FAR agency supplemental clauses. A...
|New York: Investors beware! You May Be Personally Liable For Unpaid Taxes in a Business Venture|
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
September 15, 2014, previously published on September 11, 2014When investing in a business venture, one may often hope to profit off the venture without having to play an active role in its business affairs. This line of thinking may be too good to be true. Investors must determine whether circumstances dictate that more than just a contribution of their...
|Trademark Law: Trademarks Represent Considerable Value|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
September 15, 2014, previously published on September 12, 2014A trademark can be of considerable value to a business. It is therefore crucial to have the trademark protected. An infringement of a trademark can give rise to claims for damages.
|Theories of Liability Against Principals of Debtor|
Joseph S. U. Bodoff; Rubin and Rudman LLP;
September 15, 2014, previously published on September 11, 2014All too often, businesses cease operating, leaving creditors with little or no ability to collect on their debts. Fortunate creditors may have collateral or personal guaranties signed by a person or entity that is not judgment-proof. For the vast majority of creditors, however, their recourse is...
|Canada's Competition Act: Playing Fair and Square|
Houser Henry Syron LLP;
September 12, 2014Competition is alive and well in Canada. We know that typically most businesses already follow appropriate business practices to comply with Canadian competition laws. However, in attempts to increase sales, companies have been known, whether intentionally or unintentionally, to lead consumers...
|Texting For Business On Personal Cell Phones|
Edward F. Harold; Fisher & Phillips LLP;
September 12, 2014, previously published on September 1, 2014 In the last few years, many industries and companies have been coming to grips with the problems posed by employees using their personal phones, tablets, or laptops for business uses. The recognition of the need to develop policies for these devices likely started when smart phones other than...
|GOOD FAITH BARGAINING? Recent Decision Implies a Duty to Negotiate in Good Faith|
Matthew Cumming, Shane C. D'Souza; McCarthy Tétrault LLP;
September 12, 2014, previously published on September 2, 2014A duty to negotiate in good faith appears to run counter to the adversarial nature of bargaining. However, parties may have a duty to negotiate in good faith according to the recent decision in SCM Insurance Services Inc. v. Medisys Corporate Health LP, 2014 ONSC 2632, where the Ontario Superior...
|CFPB Warns Credit Card Companies About Potential UDAAP Violations When Marketing Promotional Interest Rates|
Keith J. Barnett, B. Knox Dobbins, Brian M. Murphy, Robert J. Pile, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
September 11, 2014, previously published on September 8, 2014The Consumer Financial Protection Bureau (CFPB) issued a bulletin on September 3, 2014 warning credit card companies that marketing materials for promotional annual percentage rate (APR) offers may be in violation of the unfair, deceptive, or abusive acts or practices (UDAAP) provisions of the...
|CFPB Issues Bulletin Regarding Marketing of Promotional Credit Card Offers|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
September 10, 2014, previously published on September 8, 2014On September 3rd, the CFPB issued Bulletin 2014-02 warning credit card companies against deceptively marketing interest-rate promotions to consumers. The CFPB is concerned that consumers do not adequately understand certain types of credit card offers, such as balance transfers, deferred-interest...
|The CFPB Alerts Credit Card Issuers That Marketing of Credit Card Promotional APR Offers May Violate Federal Law|
Yesenia Garcia Perez; Foley & Lardner LLP;
September 9, 2014, previously published on September 4, 2014The Consumer Financial Protection Bureau (“CFPB”) recently issued a bulletin alerting credit card companies that they may be at risk of breaking the law as a result of the way they market promotional rates. Specifically, credit card issuers may be at risk of engaging in deceptive and/or...