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|AAA Requires Advance Registration for Arbitration Clauses Contained in Terms and Conditions|
Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
November 19, 2015, previously published on November 13, 2015Many businesses involved in online commerce seek to reduce the risk of lawsuits by including arbitration clauses and class action waivers in their website terms and conditions. The purpose of this Client Alert is to remind such businesses that if their terms and conditions call for arbitration...
|SEC Adopts Final Rules Implementing the CROWDFUND Act|
Irv Berliner, Howard Bobrow, Mitchell D. Goldsmith, Bridget C. Hoffman, Arthur F. McMahon; Taft Stettinius & Hollister LLP;
November 18, 2015, previously published on November 6, 2015On Oct. 30, 2015, the United States Securities and Exchange Commission (the “SEC”) released the long-awaited final rules for crowdfunding transactions, as required by Title III of the JOBS Act, the CROWDFUND Act. The new rules, which do not meaningfully alter the framework provided in...
|Revisions to Partnership Audit Rules Could Have Significant Impact on Private Funds|
Sutherland Asbill Brennan LLP;
November 12, 2015, previously published on November 11, 2015On November 2, 2015, President Obama signed the Budget Act of 2015 (the “2015 Budget Act”), which makes significant amendments to the procedural rules governing federal income tax audits and judicial proceedings that apply to partnerships and other entities (such as limited liability...
|Cyber Liability: The Risks of Doing Business in a Digital World|
Chrissie Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
November 5, 2015, previously published on Fall 2015Major security and data breaches have become more prevalent in the past decade. News headlines are dominated by stories of major corporations having networks hacked and subjecting employees' and customers' personal, financial and health information to cyber threats.
|A Potential Business Nightmare - The TCPA and Uninvited Facsimiles|
Steve Ayers; Heyl Royster Voelker Allen Professional Corporation;
November 5, 2015, previously published on Fall 2015All businesses should be aware of the existence of the Telephone Consumer Protection Act of 1991, the "TCPA." This statute, as enforced by the Federal Communications Commission, makes it unlawful to fax an unsolicited advertisement unless the sender has an established business...
|Delaware Courts Taking Aim at Disclosure Only Settlements in Shareholder Litigation|
Timothy J. Nieman; Rhoads & Sinon LLP;
November 4, 2015, previously published on October 2015Shareholder lawsuits challenging mergers involving publicly traded companies have become a rite of passage, or, more cynically an additional transaction cost. As soon as a merger is publically disclosed, the plaintiffs’ bar announces investigations of the fairness of the transaction with an...
|Outsiders on the Inside: A Cross-Border Insider Trading Case Study|
Jeff Barnes, Gordon G. Raman, Sarah Sweet; Borden Ladner Gervais LLP;
November 4, 2015, previously published on October 27, 2015It's not the typical insider trading story: a COO in the U.S. begins selling his retail company's sale and return reports of smartphones to an investment research analyst, but after one particular piece of information is released, a major smartphone manufacturer's stock drops more than seven...
|EU-US Data Transfer Safe Harbor Ruled Invalid|
Nicholas Beermann; Fisher & Phillips LLP;
November 4, 2015, previously published on October 7, 2015In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid.
|Business Owners Beware: The IRS Can Hold You Responsible For Your Business’ Liabilities|
Mark D. Klimek; McDonald Hopkins LLC;
November 2, 2015, previously published on August 14, 2015Corporations and other types of business entities usually work to protect the owners’ personal assets from liabilities of the business. Sometimes, however, the IRS can hold an owner responsible for unpaid taxes of a corporation.
|New Electronic Travel Authorization Required for Visa-Exempt Individuals Entering Canada|
Brian Dingle; Borden Ladner Gervais LLP;
October 30, 2015, previously published on October 23, 2015 On August 1, 2015, Citizenship and Immigration Canada (“CIC”) began accepting online applications for the new electronic Travel Authorization (“eTA”) program. Starting March 15, 2016, most visa-exempt foreign nationals will not be permitted to board an airplane bound for...