On October 5, 2021, the Food and Drug Administration (“FDA”) published in the Federal Register its Final Rule on the content and format of reports intended to demonstrate the substantial equivalence of a tobacco product (“SE Reports”). The rule originally
Corporate & Commercial
Some Blackletter Law on CPLR 3211 Motions and Judiciary Law 487
Although the Appellate Division did not really link the case facts to the blackletter law, Bianco v Law Offs. of Yuri Prakhin 2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Departmentis worthwhile reading for…
Remember Your Clients, Remember Your Contracts
The U.S. District Court for the District of Minnesota recently denied a former employer’s motion for a preliminary injunction seeking to restrict a former employee’s ability to work for a direct competitor, in part on the grounds that soliciting customers…
Government Whistleblowing: Bob Thomas Examines the Cases of Ellsberg, Felt, and Snowden with BU Law Students
In a Boston University Law School seminar on Whistleblower Law and Practice taught by WLC co-founder Bob Thomas, students started the semester examining whistleblowing in the national security context. Whistleblowers Daniel Ellsberg, Mark Felt, and Edward Snowden served as…
Divided Ninth Circuit Panel Upholds AB 51, but Strikes Down Enforcement Mechanism
On September 15, 2021, a divided Ninth Circuit panel in Chamber of Commerce v. Bonta, Case No. 20-15291, upheld Assembly Bill 51, a bill that would prohibit employers from requiring employees to execute arbitration agreements as a condition of their…
New California Law Expands Non-Economic Damages in January 2022
On October 1, 2021 Governor Newsom approved Senate Bill Number 447 (“SB 447”) amending the California Code of Civil Procedure to permit damages for a decedent’s pain, suffering, or disfigurement to be recovered in an action brought by the decedent’s…
Is Zero-Fee, Zero Penalty Banking In California's Future?
Last month, Governor Newsom signed AB 1177, the California Public Banking Act. The law’s title is more impressive than accurate, for it does not actually create a public bank. Rather, the law requires the Treasurer to convene a “Blue…
The Cost (and Unbenefit) of Conscious Capitalism
We examine how shareholders and other stakeholders were affected by a quasi-exogenous shock to corporate governance that began to emerge state-by-state across the United States in the 1980s. The shock came from so-called “constituency statutes,” which allow, but do not…
Davis Polk Discusses Tighter China Controls Over Crypto Transactions
The PRC appears to be further tightening controls on cryptocurrency activities. On September 24, 2021, the People’s Bank of China (PBoC), China’s central bank, issued the Notice Regarding Further Prevention and Management of Risks Associated with Cryptocurrency Trading Hype (…
SEC Charges Hemp Company and Co-Founders With Fraud
The Securities and Exchange Commission today charged CanaFarma Hemp Products Corp. and its co-founders with fraudulently raising approximately $15 million from investors, and misappropriating a significant portion of the investor funds for personal use…Read the Full Press ReleaseHave…