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|In 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;
August 26, 2015, previously published on August 26, 2015In 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...
|Are “Personal Flamethrowers” Under the Jurisdiction of the CPSC?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 25, 2015, previously published on August 24, 2015Yes. 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,...
|Small Businesses Now the Target of Large Sanctions Penalties|
Mary I. Edquist, Robin E. Kaplan; McDonald Hopkins LLC;
August 24, 2015, previously published on August 20, 2015The 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...
|Enforcement of Restrictive Covenants in Business Sales|
Robert E. Dean; Gentry Locke Rakes & Moore, LLP;
August 24, 2015, previously published on August 20, 2015When 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...
|Importance of Risk Management Due Diligence in M&A Transactions|
Edwin J. Broecker; Taft Stettinius & Hollister LLP;
August 17, 2015, previously published on August 13, 2015A 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...
|Arbitration in the Cayman Islands|
August 13, 2015, previously published on Summer 2015This 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.
|Beware 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;
August 13, 2015, previously published on July 2015Parties 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...
|If You Build It, They Will Come...Maybe|
Christopher J. Kula; Phillips Nizer LLP;
August 12, 2015, previously published on August 11, 2015Are 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...
|United Kingdom Enacts Modern Slavery Bill Requiring Transparency in Supply Chains|
Edwin J. Broecker, Payal Keshvani; Taft Stettinius & Hollister LLP;
August 11, 2015, previously published on August 7, 2015On 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...
|Comparison of the Discovery Process in Civil Litigation in the U.S. and Germany - An Introduction|
Claudia Borsutzki, Hagen Weiss; Murchison & Cumming, LLP;
August 11, 2015, previously published on August 6, 2015In 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,...