Recent Developments in Employee Mobility, Restrictive Covenants and Trade Secrets 2024
2023 saw notable updates to trade secret and employee mobility laws in many states. This overview highlights implications for businesses and practitioners.
Business Law Today: May 2024
Articles and Features
FTC Votes to Ban Employee Noncompete Agreements and Policies
The final rule, which deems employee noncompetes an “unfair method of competition” and provides for few exceptions, already faces legal challenges.
Tax Document Danger: Not All Delivery Services Are Safe for Filing
A recent US Tax Court case highlights how only certain private delivery services meet IRS guidelines for exceptions to the timely filing rule.
Post-Closing Purchase Price Adjustments Gone Wrong: The Save Mart/Kingswood Capital Dispute
Analyzing the arbitration ruling in the Save Mart dispute, which effectively forced sellers to pay buyer for the acquisition, sheds light on what happened.
Recent ABA Opinion Explores Misuse of “Confidential Government Information”
Formal Opinion 509 clarifies Model Rule 1.11(c)’s conflict of interest rules for lawyers who obtained confidential information during government service.
Techniques for Addressing and Preventing Disputes before They Arise
Dispute prevention mechanisms can bring great value to companies, facilitating finding solutions rather than defaulting to litigation or arbitration.
Progression and Retrogression in Antitrust Scrutiny under the Merger Guidelines
The 2023 Merger Guidelines significantly depart from prior versions. This article explores their evolution and notable aspects of the current approach.
Cross-Border Business Combinations
U.S. federal securities laws may apply to tender offers and other business combination transactions even when they involve only non-U.S. companies.
Boards’ Duty of Oversight: From Caremark to the Continuing Travails of Boeing
Corporate boards must understand their duties under the landmark Caremark decision and other aspects of the legal liability of directors and officers.
Acquiring Innovation: The Buyer’s Guide to AI Company Acquisitions
AI companies offer scalable operations but pose unique risks, necessitating specialized advisory and risk mitigation strategies for buyers.
National Small Business United v. Yellen and Its Implications for the Corporate Transparency Act
The court's ruling, which found the CTA exceeds Congress’s authority, applies only to the plaintiffs. However, additional lawsuits have been filed.
What Business Lawyers Should Know about IRS Form 1099
Attorneys and law firms have reason to receive and send more Forms 1099 than most, making it important to understand key issues and their tax implications.
Securities Class Actions on the Rise: International Trends to Watch
As countries enact bolder collective action laws, fueling a wave of securities class actions, attorneys must understand their intricacies to guide clients.
The Dog That Didn’t Bark and the AI Program That Is No Sherlock Holmes
In a recent decision, the Supreme Court clarified when silence isn’t securities fraud. Did AI understand the case? Hint: the world still needs lawyers.
Colorado’s DIDMCA Opt-Out Challenged by Trade Associations in Federal Court
The case will be significant in the regulatory landscape for the financial services industry as more states introduce DIDMCA opt-out legislation.
Month-in-Brief
May 2024 in Brief: Business Litigation & Dispute Resolution
Month-in-Brief update: SCOTUS Rules Order Compelling Arbitration Requires Court to Stay Case; SCOTUS Clarifies FAA’s Transportation Exemption; and more.
May 2024 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: DEA Proposes Rule to Reschedule Marijuana; SCOTUS Reverses Invalidation of CFPB Funding; and more from environmental to gaming law.
May 2024 in Brief: International Business Law
Month-in-Brief update: Luxembourg SCSp at 10 Years; Mexico Imposes New Temporary Import Tariffs; New Mexico City Regulations on Temporary Lodgings; & more.
May 2024 in Brief: Internet Law & Cybersecurity
Month-in-Brief update: Illinois Legislature Passes Bill to Amend BIPA; 2nd Circuit Finds Subway’s Promotional Texts Are Not Illegal Autodialing.
May 2024 in Brief: Mergers & Acquisitions
Month-in-Brief update: States Tackle Antitrust Issues in Healthcare; $200M Award against Buyer for Aiding and Abetting Sell-Side Fiduciary Duty Breaches.
May 2024 in Brief: Securities Law
Month-in-Brief update: PCAOB Adopts New Standards for Auditor Responsibilities and Quality Control, Advancing Strategic Plan.