Contact Us

Increase Mediation Services in Workers’ Compensation claims

Posted:1 year ago in Categories: Mediation | Tags: | Comments: 0

Mediation can be a positive alternative to litigation.  It saves time and legal fees, removes uncertainty, and allows the parties to resolve their case in a manner that serves their best interests.  While commonly used as a settlement tool in civil, commercial and financial matters, mediation is gaining some interesting traction in workers’ compensation cases.  Indeed, mediation seems...

  

 


Minnesota Orchestra Musicians and Management in Mediation

Posted:1 year ago in Categories: MediationArts | Tags: | Comments: 0

Former U.S. Senate Majority Leader George Mitchell, who helped the peace process in Northern Ireland, is thought to be putting his expertise to try to end the management-labor standoff that threatens the future of one of Minnesota’s most valuable cultural assets.  The dispute began in April 2012, when...

 


Hong Kong: Future International Mediation Platform?

Posted:1 year ago in Categories: ADRMediation | Tags: ADRMediation | Comments: 0

In Hong Kong, the government has launched a campaign to persuade companies to sign a pledge to consider mediation before taking commercial disputes to court.  Waiting times for civil trials in the Court of First Instance rose 50 per cent beyond the judiciary’s targets last year because of a shortage of judges to hear a rising caseload.  More than 140 companies have...

 


Commitment to Negotiate in Good Faith Applies to Non-Binding Term Sheet

Posted:1 year ago in Categories: Corporate LawUnited StatesNegotiation | Tags: United Statesnegotiation | Comments: 0

In a recent case before the Delaware Supreme Court, SIGA Technologies, Inc. v. PharmAthene, Inc., Del. Supr., No. 314, 2012 (May 24, 2013), the court upheld a Delaware Chancery Court’s ruling that an express agreement between parties to negotiate in good faith, even if the subject of the negotiation is embodied in a non-binding term sheet, is enforceable.  In 2005, SIGA Technologies, Inc. and PharmAthene, Inc. started by negotiating the terms of a...

 


The increasing need for ADR in IP cases

Too frequently when faced with an intellectual property dispute, business executives and attorneys fail to consider the unique attributes and potential advantages of alternative dispute resolution ("ADR").  Following the traditional path of litigation, parties may miss an opportunity to craft their own outcome, control the process, and preserve valuable resources, even though federal legislation and court decisions have provided parties more reliable outcomes through ADR.  ADR offers many...

 


SEC and CFTC Issue Identity Theft Red Flags Rules Applicable to Financial Institutions and Creditors

Posted:2 years ago in Categories: United StatesCybersecurityData Protection | Tags: SECSecurities RegulationsGuidelinesCybersecurityData Protection | Comments: 0

On April 10, 2013, the Securities and Exchange Commission (the “SEC”) and the Commodity Futures Trading Commission (the “CFTC”) jointly adopted Identity Theft Red Flags Rules, which are rules and guidelines requiring certain financial institutions to adopt comprehensive data security programs to detect red flags and prevent identity theft.  In 2003, Congress amended the...

 


Buying a Restaurant in the United States

Posted:2 years ago in Categories: Corporate LawUnited StatesStart-ups | Tags: Start-upUnited StatesGuidelines | Comments: 0

As I was talking to a client this morning, I realized he had been the fifth person in less than six months who had come to ask me questions about buying a restaurant in the United States.  With this long lasting economic crisis it seems that a lot of people are trying to change their career, move abroad to find another job, or do both.  Opening a restaurant in the United States appears to be on the mind of a lot of people, especially Europeans.  Therefore I thought it could be a good idea to simply highlight a few...

 


Regulation FD And Social Media

Posted:2 years ago in Categories: Securities RegulationUnited StatesSocial MediaPrivacyReg D | Tags: SECSecurities RegulationsGuidelines | Comments: 0

On April 2, 2013, the Securities and Exchange Commission (the “SEC”) issued a report clarifying existing guidance to confirm that public companies may use social media outlets, such as Facebook and Twitter, to announce key information in compliance with Regulation FD of the Securities Exchange Act of 1934, so long as investors have been alerted in advance about which social media outlets will...

 


First Anniversary of The JOBS Act: Time to Shift Gear

Posted:2 years ago in Categories: Securities RegulationUnited StatesJOBS ActStart-ups | Tags: SECStart-upEconomyJOBS ActSecurities RegulationsUnited States | Comments: 0

In an effort to create jobs and help grow the economy, President Obama signed into law the Jump Start Our Business Act (the “JOBS Act”) on April 5, 2012.  The JOBS Act was designed to make it easier for small companies to raise equity capital.  But, over a year later, the regulations, due on January 5, 2013, have not yet...

 


The SEC’s Private Equity Enforcement Concerns

Posted:2 years ago in Categories: Securities RegulationUnited StatesPrivate Equity | Tags: SECConflicts of InterestsUnited States | Comments: 0

Speaking on January 23, 2013, to the Private Equity International Conference, Bruce Karpati, Chief of the Securities Exchange Commission (the “Commission“) Enforcement Division Asset Management Unit, addressed concerns that are likely to lead to an increase in the number of enforcement cases against private equity funds.  In 2010, the...

 


The Ongoing Boom of the FinTech Industry

Posted:2 years ago in Categories: United StatesStart-upsEconomyBankingTechnologyFinTech | Tags: Start-upEconomyCooperationUnited StatesTechnologyFinTech | Comments: 0

The FinTech industry is booming.  Just recently, two major acquisitions comforted analysts’ opinion that the financial services technology world remains an active market for mergers and acquisitions – FIS acquiring the remaining 78% interest in mobile banking and payment solutions provider mFoundry, and payments systems provider ACI buying competitor Online Resources Inc. for...

 


Why are Corporations Pilling-up Cash?

Posted:2 years ago in Categories: European UnionUnited StatesEconomy | Tags: European UnionCorporationsUnited States | Comments: 0

Several articles recently pointed-out an interesting trend: corporations are stowing away vast amounts of cash.  This trend has accelerated over the past decade, with holdings rising from around 6 percent of GDP in 1990 to around 11 percent of GDP in the mid-2000s.  The build up over the past two years seems broadly in line with this trend, essentially reversing a dip that occurred during...

 


California Attorney General Announced Privacy Recommendations for Mobile Apps and the Mobile Industry

The world has gone mobile.  With nearly a million mobile applications (“Apps“) available today, we use our smartphones to read books, play games, listen to music, take photos and videos, but also to monitor our heart rate, start the car remotely, find a restaurant, pay for purchases on-the-spot and monitor our bank accounts.  It is therefore undeniable that with their expanding functionality, mobile devices are...

 

 


Another blow to the Swiss Banking Secrecy

Posted:2 years ago in Categories: European UnionUnited StatesBanking | Tags: European UnionCooperationUnited States | Comments: 0

Wegelin & Company, a private bank based in St. Gallen, Switzerland, shut down this month after admitting it had helped wealthy Americans evade taxes by hiding more than $1.2 billion in secret accounts.  Wegelin had agreed to pay $74 million in fines, restitution and forfeiture proceeds to the United States government.  The bank, founded in 1741, was the...

 


New EU Regulation on Cross-Border Insolvency Proceedings

Posted:2 years ago in Categories: Corporate LawEuropean UnionEconomyInsolvency | Tags: Hedge FundsEuropean CommissionEuropean UnionCorporations | Comments: 0

On 12 December 2012, the European Commission (the “Commission”) submitted a proposal to amend the EU regulation on insolvency proceedings (the “Proposal”).  The economic crisis has led to an increase in the number of failing businesses.  From 2009 to 2011, an average of 200,000 firms went bankrupt per year in...

 


A Corporation with a Social Mission

Posted:2 years ago in Categories: Corporate LawUnited States | Tags: | Comments: 0

On December 1, a new benefit corporation statute went into effect in Massachusetts, making the state one of twelve that have enacted legislation allowing for the formation of this new form of corporate entity.  Benefit corporations are...

 

 


Moody’s lowered France’s sovereign debt rating

Posted:2 years ago in Categories: FranceEconomy | Tags: FranceDowngradeRating Agencies | Comments: 0

On November 19th, Moody’s, stripped France of its Triple A sovereign credit-rating.  This decision came after the agency had put France on negative outlook for a few months after Standard & Poor’s downgraded France from the top rating.  Moody’s based its...

 


Conflicts of interest in the hedge fund industry

Posted:2 years ago in Categories: Hedge Funds | Tags: Hedge FundsConflicts of Interests | Comments: 0

Considering the number of different parties that contract or interact with a hedge fund, it is evident that each of them might pursue a personal commercial interest.  Therefore, conflicts of interest are to be expected.  Simply put, a conflict of interest arises when the considerations of one party is to the detriment of another.  While it is...

 


Is the SEC the biggest loser of the recent surge in rule-making?

Posted:2 years ago in Categories: Securities RegulationUnited States | Tags: SECSecurities Regulations | Comments: 0

On March 27, 2012, the House of Representatives passed the Jumpstart Our Business Startups Act (the “JOBS Act”), in the same form passed by the Senate on March 22, 2012. The JOBS Act, which was signed into law by President Obama, includes significant reforms intended to facilitate capital raising by small businesses and has profound ramifications for private companies, broker-dealers, private investment funds, the...

 


Companies could benefit from the U.S. cybersecurity plans

Posted:3 years ago in Categories: Corporate LawUnited StatesPrivacyCybersecurityData Protection | Tags: EconomyTechnologyCybersecurityData Protection | Comments: 0

Yesterday I came across an interesting article about cybersecurity.  Since I might have bored some of you over the last few weeks with securities regulation, I figured it was only fair to talk about something different this week.  As we...

 

 


SEC releases guidance on JOBS Act and seeks comments before any rulemaking

Posted:3 years ago in Categories: Securities RegulationUnited StatesJOBS ActStart-ups | Tags: SECStart-upEconomySecuritiesJOBS Act | Comments: 0

Over the last couple of days, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) gave some interesting information regarding the implementation and application of the Jumpstart... 

 

 

 


The JOBS Act: Impacts on securities regulation

Posted:3 years ago in Categories: Corporate LawUnited StatesJOBS ActStart-ups | Tags: Start-upSecuritiesJOBS Act | Comments: 0

On March 27, 2012, the House of Representatives passed the Jumpstart Our Business Startups Act (the “JOBS Act”), in the same form passed by the Senate on March 22, 2012.  The JOBS Act will now go to President Obama for his...

 

 


Revised Best Practices for US-EU Cooperation in Merger Investigations

Posted:3 years ago in Categories: Corporate LawEuropean UnionUnited States | Tags: EU marketAntitrustEuropean CommissionCompetitionEuropean Union | Comments: 0

On October 13, 2011, the Federal Trade Commission, the Department of Justice's Antitrust Division, and the European Commission (the “Commission”) published revised best practices for cases where the Commission and a US agency are reviewing the...

 

 


Temporary Short-Selling Ban in 4 European Countries

The regulators of France, Belgium, Italy and Spain announced yesterday a 15-day ban on the short-selling of certain financial stocks and derivatives linked to them, in response to particularly sharp falls in banking shares this week.  As a...

 

 


The new FDA guidance on nanotechnology

Posted:3 years ago in Categories: United States | Tags: NanotechnologyFDA | Comments: 0

Nanotechnology has been at the forefront of commercial innovation across several industries over the past decade, from personal care products to pharmaceuticals.  Although not...

 

 


The new French net short position disclosure regime

Posted:4 years ago in Categories: Securities RegulationEuropean UnionFrance | Tags: EU marketFranceEuropean UnionSecuritiesShort | Comments: 0

As of February 1, 2011, a new permanent regime for disclosing net short positions in shares is applicable in France in anticipation of the regime to be implemented pursuant to the future European Regulation due to...

 

 


New EU antitrust guidelines on agreements between competitors

Posted:4 years ago in Categories: Corporate LawEuropean Union | Tags: EU marketAntitrustEuropean CommissionCompetitionEuropean Union | Comments: 0

On December 14, 2010, the European Commission (hereafter, the “Commission”) has revised its rules for the assessment of cooperation agreements between competitors (hereafter, “Horizontal Cooperation Agreements”).  As it is often vital for companies to...

 

 

 


Will start-ups lead the way to our economic recovery?

Posted:4 years ago in Categories: Corporate LawUnited States | Tags: Start-upEconomy | Comments: 0

According to various recent articles, start-ups are regaining some momentum and could play an important role in the economic recovery.  The Economist for example...

 

 

 


Will you strip-down for your Thanksgiving turkey?

Posted:4 years ago in Categories: United States | Tags: TSAThanksgiving | Comments: 0

On November 19, three days after two airline pilots and The Rutherford Institute filed a federal lawsuit against the U.S. Department of Homeland Security and the Transportation Security Agency (the "TSA"), alleging that...

 

 

 


Proposed SEC rules on whistleblowers

Posted:4 years ago in Categories: Securities Regulation | Tags: WhistleblowerSECSecurities | Comments: 0

On November 3, 2010, the Securities and Exchange Commission (the “SEC”) held an open meeting on the implementation of the whistleblower provisions contained in the Dodd-Frank Wall Street Reform and...

 

 

 


The new hedge funds’ path to the European market

Posted:4 years ago in Categories: Hedge FundsEuropean UnionFrance | Tags: Hedge FundsEU marketFranceSecurities | Comments: 0

On Tuesday, October 19th, the European finance ministers reached a breakthrough agreement which aims to open the European Union’s (EU) market to foreign hedge funds.  In return for complying with common rules which will be set by the incoming European Securities and Markets Authority (ESMA) to...