Searching Content indexed under Corporate/Commercial Law by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Supreme Court Lorenzo Decision Expands Liability Under Rule 10b-5
On March 27, 2019, the Supreme Court issued its much-anticipated decision in Lorenzo v. SEC, 587 U.S. ____ (2019), which expands the category of conduct under which a private action can be brought pursuant to SEC Rule 10b-5.
United States
3 Apr 2019
Cybersecurity: Who Can Certify Compliance To The NYDFS
The NYDFS Cyber Security Regulation for Financial Services Companies 23 NYCRR 500, enacted in March 2017 (the "Regulation"), sets out the required framework for regulated entities' information security programs.
United States
5 Feb 2019
Supreme Court Holds Threshold Question Of Arbitrability Is One Of Contract And Valid Agreements To Submit Question To Arbitrator Will Be Enforced
Of note, the Court did not decide whether this particular arbitration clause constituted referral of the gateway question to the arbitrator.
United States
14 Jan 2019
Labor & Employment Law Client Alert - November 2018
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
United States
19 Nov 2018
Lack Of Code Diversity In Cryptocurrency Ethereum May Be Propagating Bad Code
Ethereum, one of the most popular cryptocurrencies with a market cap of more than $21.8 billon, is causing serious anxiety in the cryptocurrency marketplace
United States
15 Nov 2018
2018 Arizona Employment Law Update
Although the end of Arizona's 2018 legislative session was dominated by education funding debates in light of the #Red4Ed movement, the legislature did manage to pass a few bills which will impact employers...
United States
7 Nov 2018
New CA Court Of Appeal Opinion Re: Attorney Signing An Agreement "Approved As To Form And Content"
Does Signing "Approved As to Form and Content" Bind an Attorney to the Terms of a Settlement? New California Appellate Decision Holds "No."
United States
11 Sep 2018
Companies With No-Poaching Agreements Must Consider Whether They Are Worth The Risk
Earlier this month, a group of 11 state attorneys general announced that they have asked eight fast-food franchises to provide a copy of their franchise agreements to determine whether such agreements contain no-poaching restrictions, which prohibit franchisees from hiring, i.e., "poaching," each other's workers.
United States
27 Jul 2018
SEC Votes To Expand "Smaller Reporting Company" Definition
On June 28, 2018, the Securities and Exchange Commission (the SEC or the Commission) amended the definition of "smaller reporting company" (SRC) to expand the number of smaller companies
United States
25 Jul 2018
California Court Of Appeal Affirms That Unlicensed Contractor May Not Pursue Litigation
California's Second District Court of Appeal recently threw out a potentially valid claim for breach of contract asserted by a contractor which failed to comply ...
United States
8 Dec 2017
NY Cyber Regs Compliance Deadline Looms For Financial Firms
August 28, 2017, marks the end of the initial 180-day transition period for covered entities to come into compliance with New York's new financial cybersecurity regulations.
United States
8 Sep 2017
Fifth Circuit Sets Limits On Indemnity Obligations Where Indemnitor's Contractual Performance Is Completely Independent Of Another Party's Negligent Act
In Integrity, an offshore survey company, Tesla, chartered two vessels to perform an archaeological sonar survey in the Gulf of Mexico.
United States
21 Aug 2017
Texas Appellate Court Advises If You Claim Under A Contract, You Are Subject To All Its Terms, Even Arbitration
This dispute arose out of Exxon's attempt to obtain coverage as an additional insured under the umbrella policy issued to one of its contractors for its exposure arising from the April 2013 Exxon refinery fire...
United States
21 Jul 2017
Watching The TCPA: Second Circuit Rules Consent Given As Part Of Binding Contract May Not Be Revoked Under Telephone Consumer Protection Act
In a much-watched decision involving the hotbed issue of consent under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit has ruled that...
United States
19 Jul 2017
What Does Your Defense And Indemnity Construction Contract Mean In 2017?
California's longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date.
United States
12 Jul 2017
The State Of Crawford In 2017
More than eight years ago, the California Supreme Court handed down Crawford v. Weather Shield (2008) 44 Cal.4th 541, holding that a contractual indemnitor must immediately assume an indemnitee's defense...
United States
12 Jul 2017
NASAA Releases Supplementary Commentary On Financial Performance Representations
Franchisors need to review their Franchise Disclosure Document ("FDD") to ensure compliance with new commentary issued by the NASAA regarding Financial Performance Representations ("FPR").
United States
30 May 2017
California Supreme Court Rules Concerning Recovery Of Attorneys' Fees Under Civil Code Section 1717
The California Supreme Court recently issued an opinion analyzing whether a defendant is entitled to attorney fees under Civil Code section 1717 by obtaining a dismissal of a contract action under the agreement's forum selection clause.
United States
18 May 2017
Contract Calling For Work On Fixed Platform Deemed Maritime Contract
On October 12, 2005, Apache Corporation and Specialty Rental Tools & Supply ("STS") entered into a Master Services Contract ("MSC").
United States
7 Apr 2017
Louisiana Law Precludes Claim For Tortious Interference With Contract Against Employee Who Is Not A Corporate Officer
This case involves a claim by Gulf Engineering Company, LLC ("Gulf") against a Dow Chemical company ("Dow"), employee, Allison Kuhn. Gulf alleged it had a contract with Dow to inspect...
United States
7 Apr 2017
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