Features
The FTC and DOJ's New Guidelines Promise Sharper Scrutiny of Mergers
From loosened structural presumptions to unconventional theories of harm such as "ecosystem competition" to consideration of a merger's effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
Features
Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.
Features
'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes
The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.
Features
The Role of the SEC In Cryptocurrency Regulation and Enforcement
The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC's enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.
Features
New Jersey Passes Privacy Law
The New Jersey law follows states, such as California, Texas, and Connecticut, who have enacted privacy laws, including broad laws addressing consumer data privacy, children's privacy laws, consumer health data privacy laws, and data broker laws.
Features
Are Recent Regulations Dooming Franchising?
In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,
Features
Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases
The Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.
Features
Global Antitrust Competition Enforcers Are Back, According to Report
Labor markets, artificial intelligence and consumer-related issues are going to be under the microscope from antitrust investigators around the globe in 2024, according to a report from Morgan, Lewis & Bockius.
Features
The New Basel Regulations Could Bite CRE
If you haven't heard of Basel III, you've got company. International banking regulations aren't typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.
Features
Bankruptcy Court Ruling of Cannabis-Related Claims Not Violation of Controlled Substance Act, California District Court Rules
The Central District of California court held that a bankruptcy court's administration of cannabis-related state court claims against a debtor's estate is not a violation of the Controlled Substances Act.
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