In recent times, the Cayman Islands have become a hub for schemes of arrangement and restructuring, a process made critical due to the widespread economic instability caused by the global pandemic. Navigating such turbulent times has become a key concern for big businesses and law firms alike across the globe. Conyers, a prominent law firm…
Every commercial transaction begins with an offer, and understanding the psychology and legal principles behind the formulation of effective offers can have profound impacts on the success of law firms and corporations alike. One powerful concept, drawn from Alex Hormozi’s book, “$100 Million Dollar Offers”, is the “grand slam offer.” Embodying a different approach to…
In the complex universe of commercial real estate leases, one widely used yet frequently misunderstood concept is the idea of “Grossing-Up” Operating Expenses. This is a critical aspect that legal professionals must properly comprehend to expertly navigate lease negotiations and draft effective contractual agreements. Primary actors in this arena typically include tenants and landlords engaged…
On March 29, 2021, the U.S. Food and Drug Administration (FDA) issued its draft guidance document on the facility registration and product listing requirements for cosmetic companies under the Modernization of Cosmetics Regulation Act (MoCRA). The move aims to streamline the process and ensure transparent reporting in the cosmetics industry. Alston & Bird, the esteemed…
The question of whether arbitrations count as “litigation” for work product purposes under the Federal Rule of Civil Procedure 26(b)(3) has often been a subject of heated debate amongst legal practitioners. According to the rule, protection extends to documents prepared “in anticipation of litigation or for trial.” The critical terminology under scrutiny here is “anticipation…
In light of the recent surge in the cannabis industry, landlords and property managers across the United States now find themselves pressed to stay abreast of the unfolding trends. Although cannabis use is becoming more commonplace, its use close to buildings, particularly those without a clear no-smoking policy, is presenting unique issues for property owners,…
Every summer, the Pennsylvania State Tax Equalization Board (STEB) announces the Common Level Ratios (CLR) for each county. These ratios are critical in the calculation of real estate evaluations in tax appeal processes. STEB’s recent CLR announcement, applicable from July 1, 2023, to June 30, 2024, suggests commercial property owners in select counties may have…
For legal professionals entrenched within the world of corporate law, the recent agreement reached between the Teamsters Union and UPS presents significant implications for the broader automotive industry. As discussed in an article by Foley & Lardner LLP, there are several elements to unpack in terms of the impact of this settlement. Firstly, the agreement…
In the ever-varying tapestry of Florida’s commercial real estate (CRE) market, the ascent of pickleball has notably emerged as a driving trend. This intriguing transformation from a casual pastime to a formidable investment opportunity is arresting attention, reshaping the CRE terrain and prompting substantial changes in property acquisition and development strategies throughout the state. However,…
Medical testing companies, Natera Inc. and Eurofins Viracor LLC, recently urged the U.S. Supreme Court to refrain from reviewing the invalidation of Stanford University and CareDx patents for their innovatory blood test. The blood test, crucial for detecting organ rejection, had its patents invalidated as they were deemed to cover only natural phenomena. Law360 reported…
In an important update for the legal professionals involved in arbitration, the 2023 Edition of The ITA Guide to Latin American Arbitral Institutions has been recently released. As published on JDSupra, this guide proves to be an instrumental resource for anyone doing business in Latin America. The 2023 ITA Guide is an expansive volume, casting…
In a move aimed at fostering transparency in business-to-business transactions, both Georgia and Florida have passed laws mandating disclosure in commercial financing agreements. These new regulations necessitate that certain commercial financing providers present disclosure statements as a part of their operations. Georgia and Florida now join the increasing list of U.S states implementing such measures….
The U.S. Court of Appeals for the Ninth Circuit recently upheld the dismissal of a lawsuit filed by an Oregon company against its insurer for COVID-19-related losses. The basis for the dismissal centered on previous rulings in over 800 similar cases nationwide. The claim by Oregon Clinic, affirming that its commercial property insurance policy was…
On July 12, 2023, the U.S. Environmental Protection Agency (EPA) decided the applicable volumes and percentage standards for renewable fuel types ranging from 2023 to 2025, as outlined in the final rule 88 Fed. Reg. 44468. The rule applies to cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel. Furthermore, the rule also…
In a growing trend amongst legal firms and corporate departments, paralegals are being empowered to take a more significant role in discovery protocols. A recent conversation, moderated by Global Advisory Board Chair Ari Kaplan, an esteemed legal industry analyst and principal of Ari Kaplan Advisors, focused on how paralegals can enhance their value within their…
In a noteworthy shift of legal attitudes, Singapore International Commercial Court (“SICC”) recently assessed the extent to which an arbitral tribunal can exclude evidence after a specific date. As the legal saying goes, arbitral tribunals have long been considered the masters of their own procedures. However, this latest judgement proposes some limitations. The case tackling…
In a pivotal move, the Texas Supreme Court recently ruled in favor of developers and builders looking to enforce arbitration agreements in construction cases. Two key victories gave tremendous impetus to the principle of ‘Arbitration for All’. Contrary to previous presumption, the court ruled that household members and subsequent purchasers bringing a construction defect claim…
The European Union’s Foreign Subsidies Regulation (FSR), which was adopted in late 2022, came into effect as an action to counteract competitive distortions instigated by foreign subsidies in the EU internal market. The mandate of the regulation is to establish an equitable business environment for EU companies, which have previously been subjected to stringent EU…
Recent actions by the US Environmental Protection Agency (EPA) signal a notable shift in the agency’s long-standing approach to the Toxic Substances Control Act (TSCA). Historically known for declining to regulate manufactured goods or finished products also known as “articles” under the TSCA, the EPA seems to be departing from this norm. The institution has…
August has been a busy month in the legal landscape of the cannabis industry. One of the major highlights was the bipartisan effort in the United States Congress to address the legality and regulation of commercial hemp market. On July 20, the ‘Hemp Access and Consumer Safety Act’ was reintroduced in Congress. This bill garnered…
Indicative of the legal industry’s growth across Asia, several esteemed law firms, including Atsumi & Sakai, White & Case, and Baker McKenzie, are expanding their partner base in the region. Notably, major hiring sprees previously seen in the West are now being mirrored here, underscoring Asia’s increasing importance in global legal practice. These new additions…
The U.S. Department of Justice (DOJ) has issued a Notice of Proposed Rulemaking (NPRM), seeking to enhance the accessibility of state and local government websites to individuals with disabilities — a move that has implications beyond governmental spheres. Headquartered in Washington, D.C., the DOJ is amongst those few federal agencies that hold wide-ranging responsibilities for…
The global commerce and investment landscape has endured significant alterations over the past decades. Undoubtedly, one sector being tremendously impacted is the commercial real estate (CRE) industry. Accumulating considerable benefits from prevalent favorable financing conditions, the CRE industry found itself uniquely equipped to cope with the tumultuous aftermath of the Great Recession. The ocean of…
In a notable trend, municipalities are increasingly looking towards the reinvigoration of vacant or underutilized shopping mall sites. This is a response to market changes and the necessity to adapt to the evolving needs of communities. Dauphin County, Pennsylvania, serves as an illustrative example, where there are plans to revamp two key local sites. The…
With legal firms turning their sights towards strong marketing initiatives for the next years, it’s imperative to ascertain the ethical implications of their strategies – notably in the context of social media marketing. This includes examining standard marketing practices such as TV commercials, billboards, radio advertising, and internet advertising, with a keen focus on the…