BJ’s Wholesale Club, a popular membership-only warehouse club chain operating in the US, has lost a preliminary bid to dismiss a potentially significant class-action lawsuit. The lawsuit, brought forth by Joe Alves, accuses BJ’s of employing a computer code known as Session Replay Code (SRC) to surreptitiously record consumer activity on the company’s website. The…
In a recent judicial development, the US Court of Appeals for the Federal Circuit has validated the Patent Trial & Appeal Board’s (PTAB) decision to invalidate two patents, signifying essential repercussions in the world of patent law. The ruling imparts that no disparagement does not amount to a “teaching away”, and free samples cannot testify…
The Small Business Administration (SBA) has implemented significant changes to the 8(a) Program, as reported by JDSupra. These alterations, instigated by a court injunction, come in the wake of findings that deemed the rebuttable presumption for social disadvantage unconstitutional. Owing to the injunction – issued by a federal district court in Tennessee – all pending…
Justice Clarence Thomas embarked on three ventures in 2022 either partially or fully funded by Dallas billionaire Harlan Crow, as disclosed in a financial disclosure form made public recently. The form also noted that Thomas flew by private jet on at least two of these excursions, which Thomas attributed to his security detail’s suggestion, particularly…
Supreme Court Justice Clarence Thomas has admitted in his annual financial report to receiving three trips from billionaire Harlan Crow in 2022. This information became public on Thursday, bringing into the limelight the controversial subject of justices receiving extravagant gifts during their service on the United States Supreme Court. The disclosure comes in the aftermath…
Recent data reveals an ongoing decline in the filing of lawsuits under Title III of the Americans with Disabilities Act (ADA). This trend, which began in 2022, appears to continue throughout 2023. Despite the downturn, New York consistently stands out as the most frequent locus for such filings, according to a mid-year review by global…
In July 2023, Ontario’s Ministry of Energy unveiled its blueprint for the procurement and conservation of the electricity resources required to meet rising demand in the province. Titled “Powering Ontario’s Growth: Ontario’s Plan for a Clean Energy Future,” this 84-page document details the province’s strategy to construct clean electricity generation, storage, and transmission infrastructure. This…
The Restructuring Roundup for August 2023 presents a comprehensive monthly review focusing on pertinent commercial litigation and bankruptcy issues. The newsletter encapsulates original content from AGG’s specialised attorneys in Bankruptcy, Creditors’ Rights, & Financial Restructuring. Coupled with previously published articles and news, this curated publication provides valuable insights for legal professionals. With the ever-changing legal…
In the wake of California’s push to implement commercial financing disclosure laws in 2018, a host of other states across the U.S. have followed suit. The list of states includes, but is not limited to, Utah, Virginia, Florida, Georgia, Connecticut, and New York. These laws focus on transparency and accountability in the commercial financing sector,…
The UK Financial Conduct Authority (FCA) is currently consulting on considerable changes to the UK listing regime. Where traditionally we’ve seen standard and premium listing categories, we now face the possibility of a unified single listing category. This poses significant implications for management teams considering a UK IPO. However, keep in mind, these rule changes,…
On August 28, 2023, two photographers engaged the legal community by filing a petition for rehearing en banc in the Ninth Circuit, challenging a controversial area of copyright law that directly impacts how content is shared on the internet. Their move was in response to the recent Ninth Circuit decision made in the case of…
The digital era demands adaptability and flexibility from legal professionals, particularly in understanding and categorizing new classes of assets. Unlike tangible, physical assets, a myriad of challenges arises when dealing with complex digital possessions such as non-fungible tokens (NFTs), crypto tokens, cryptocurrencies, and other digital assets. Despite their intangible nature, possession of digital assets is…
In a world increasingly dictated by screens and software, e-Discovery is becoming a critical field for legal professionals and corporate entities alike. Recognizing this need, Global Advisory Board Chair Ari Kaplan, a respected legal industry analyst and principal of Ari Kaplan Advisors, recently hosted a discussion within the ACEDS (Association of Certified e-Discovery Specialists) community….
On August 30, 2023, notable changes were announced within the U.S. Department of Health and Human Services (HHS). The HHS proposed a shift in the legal classification of marijuana from Schedule I to Schedule III, a change that has potential implications for both the legal and commercial aspects of the drug. This news was initially…
In an intriguing development in the world of franchising, a Virginia district court recently ruled in favor of a franchisor, dismissing a lawsuit filed by 360 Painting. Known for its vast portfolio in residential and commercial painting services, the operation’s legal challenge was based on allegations of breach of contract and a call for equitable…
A recent amendment to the National Defense Authorization Act (NDAA) introduces new regulatory standards for U.S. documented commercial vessels. Effective from 2023, owners, masters, and managing operators are now obligated to report incidents of harassment, sexual harassment, and sexual assault immediately. The amendments were published by McGlinchey Stafford and hint towards a substantial shift in…
Despite the successful application of nuclear power for US military vessels since the 1950s, its adoption for civilian maritime purposes has never moved beyond a few experimental designs. This is largely due to concerns about safety and high initial capital costs. Recently however, innovations in nuclear technology, combined with an industry-wide push to declutter the…
On August 23, 2023, an announcement by the U.S. Department of Commerce sent ripples through the solar sector. Their publication disclosed final affirmative circumvention determinations on solar products originating from Cambodia, Malaysia, Thailand and Vietnam. Predominantly, these findings aligned with those issued in a set of preliminary determinations from December 2022. This decision by Commerce…
In a significant ruling that may inspire fierce debates about the nature of authorship in the age of artificial intelligence (AI), the US District Court for the District of Columbia held on August 18, 2023, that works generated completely by AI systems lack eligibility for US copyright protection. This is a clear finding that the…
In what could be an influential move for the corporate legal industry, Georgia has enacted its own Commercial Financing Disclosure Law, otherwise known as the CFDL, on a par with established laws in the states of California, Florida and New York. The Georgia CFDL is specifically applicable to covered “Commercial Financing Transactions”. Strikingly, Georgia’s new…
In a recent development, Justice Robert Reed of the New York State Court, Commercial Division, handed down a verdict in Trump v. Trump, 192 N.Y.S.3d 891 (Sup. Ct. N.Y. Cnty. June 9, 2023). The case provides important insights into New York’s recently amended Anti-SLAPP law and the implications for breach of contract claims. The case…
In a recent decision that could have significant implications for participants in the syndicated loan markets, the Court of Appeals for the Second Circuit sided with those who argued that term loans should not be treated as securities. The ruling, which came in the Kirschner case, affirmed a district court order that held that the…
On August 2, 2023, the California Department of Financial Protection and Innovation (DFPI) issued a final ruling that has significant implications for the world of small business financing. This ruling curbs certain individuals and entities from engaging in unfair, deceptive, or abusive acts or practices (UDAAP) when offering or providing commercial financing or other financial…
Non-disclosure agreements (NDAs) are often the initiatory legal documents signed by parties intending to undertake a transaction. Generally, they are viewed as straightforward documents, finalised at an early stage, allowing for focus on the more significant legal and commercial matters. Simple as they might seem, NDAs carry significant implications and therefore, a deeper understanding is…
In an unprecedented move, The California Department of Financial Protection and Innovation (DFPI) has put the final touches on regulations that ban unfair, deceptive, and abusive acts and practices (UDAAP) within the scope of commercial financing or other financial products or services targeted towards small businesses and other organization. As a result of these regulations,…