Wednesday 5 December 2012

Legal Updates: Commercial Law & Contracts

Legal Updates by JD SupraDecember 5, 2012
Commercial Law & Contracts
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Developments in Eastern Congo Highlight Need for Companies to Prepare for SEC Conflict Mineral Rule Compliance

Recent gains by rebel groups in the mineral-rich eastern region of the Democratic Republic of Congo ("DRC") have complicated efforts for U.S. companies to...more

by Venable LLP

Massachusetts Pharmaceutical and Medical Device Manufacturer Conduct: Final Amendments to Be Issued

On November 21, 2012, the Massachusetts Public Health Council approved final amendments to 105 Mass. Code Regs. 970.000, the Massachusetts Pharmaceutical and...more

by Epstein Becker & Green, P.C.

Breakdown of FCPA Guidance

On November 14, 2012, the Criminal Division of the U.S. Department of Justice (DOJ) and the Enforcement Division of the U.S. Securities and Exchange Commission...more

by King & Spalding

Laid-Off Hostess Workers Still Fighting for Pensions

When Hostess Brands Inc. announced it was going out of business, Twinkie lovers panicked, clearing out grocery shelves and forking over nearly $60 for a single...more

by Lawyers.com

Walmart Mortgages Coming Soon to Aisle 10

You buy toilet paper and ammo there, so why not a home? Consumers are indicating they would trust Walmart and other non-banks with their mortgages, and some...more

by Lawyers.com

Music Mogul Must pay $1 Million Reward for Lost Laptop

For many of us, our whole life is on our laptop. And if it were lost, we would give anything to get it back. That's how music producer and...more

by Lawyers.com

FCC TCPA Declaratory Ruling on Opt-out Text Communications Enables Organizations to Issue Confirmation Messages

On November 29, the Federal Communications Commission (FCC) declared that businesses are allowed to send a one-time text message to a consumer that confirms a...more

by Patton Boggs LLP

Cortefiel – The Use of Schemes of Arrangement for 'Amend & Extends'

Introduction - The recent case of Cortefiel SA, a leading Spanish high street clothing retailer ("Cortefiel"), has demonstrated the possibility of...more

by White & Case LLP

New Law Aims to Cut Abuse in Disability Access Lawsuits

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a...more

by Wendel, Rosen, Black & Dean LLP

Treasury Reports Improvements in Residential Mortgage Servicing

The U.S. Department of Treasury (Treasury) recently issued a report that reviewed the implementation of Treasury guidelines for streamlining distressed...more

by Dechert LLP

Securities Litigation Alert: 'Tis the Season: Proxy Statements and Litigation Challenges to Compensation Disclosures

Over the past several months, plaintiffs' lawyers have stepped up attacks on executive compensation disclosures in proxy statements. Although to date most of...more

by Fenwick & West LLP

Insuring Your Growing Assets in the Appalachian Shale Plays

With the continued development of the Marcellus and Utica Shale, businesses in West Virginia, Pennsylvania and Ohio are experiencing rapid growth and facing...more

by Spilman Thomas & Battle, PLLC

Bank Agrees to Reimburse Hacking Victim $300K in Precedent-Setting Case

This Wired Magazine article features Bernstein Shur Attorney Dan Mitchell. In a case watched closely by banks and their commercial customers, a financial...more

by Bernstein Shur

Ohio Supreme Court Upholds Dismissal of Class Action Challenging Bank's Interest Calculation Method

On November 21, the Ohio Supreme Court reinstated a lower court's grant of summary judgment to a bank defending a putative class action challenging its...more

by BuckleySandler LLP

FCC Holds Confirmatory Text Messages Do Not Violate TCPA

In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited...more

by Burr & Forman

Second Circuit Holds First Amendment Bars Conviction Based Solely on Off-Label Promotion of FDA-Approved Drug

In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of...more

by Ropes & Gray LLP

Health Law Alert: CMS Moves on Physician Payment Sunshine Act Regulations

On November 27, the Centers for Medicare & Medicaid Services sent its long-awaited final version of the Physician Payment Sunshine Act regulations to the...more

by Leonard, Street and Deinard

The FCPA Guidance: Refining a Corporate Compliance Program (Part II of II)

Compliance professionals need to thank DOJ and SEC for the FCPA Guidance discussion on corporate compliance. DOJ and SEC provide important suggestions for...more

by Michael Volkov

SEC Posts Small Entity Compliance Guide Regarding Conflict Minerals Disclosure

On November 13, the Division of Corporation Finance of the Securities and Exchange Commission posted A Small Entity Compliance Guide (Compliance Guide) on its...more

by Katten Muchin Rosenman LLP

Florida Governor Pushes International Ties to Florida With Trade Mission Trip to Columbia This Week After Past Successes in Promoting Florida to Panama, Canada, Brazil, Israel, Spain, and Great Britain: News Release of the Week

Promoting Florida to international investors and foreign business is a big deal for Florida's executive branch these days and Florida Governor Rick Scott will...more

by Rosa Eckstein Schechter

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