Delaware Court Affirms Utility of Buyer Acknowledgment Clause in Dismissing Fraud Claim

In IAC Search, LLC v. Conversant LLC (f/k/a ValueClick, Inc.), 2016 WL 6995363 (Del. Ch. Nov. 30, 2016), the Delaware Court of Chancery provided a reminder on how potentially-overlooked contractual provisions could have a significant bearing on the types of claims an aggrieved party may bring. View Full Post
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The Troubling Increase in CPSC Penalties

In an updated statistical analysis, Schiff Hardin’s Jonathan Judge examines how penalties handed down by the Consumer Product Safety Commission (CPSC) have abruptly veered upward over the last two years following the threat of CPSC’s then-Chairman Elliot Kaye, to do just that. These findings support our post last fall signaling higher civil penalties to come. View Full Post
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How to “Sell” Your California Medical Marijuana Collective

By | Canna Law Blog™ | February 22, 2017
How to sell a California cannabis businessSince passage of the Medical Cannabis Regulation and Safety Act (“MCRSA“) and Proposition 64, one of the top questions our California marijuana lawyers have been getting from existing medical marijuana operators is “how can I sell my medical marijuana collective?” Of course, many collectives are not hard-pressed to find willing buyers. View Full Post
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Repeal of Resource Extraction Disclosure Rule

On February 14, 2017, President Trump approved Congress’ joint resolution to repeal the SEC’s resource extraction disclosure rule. That action effectively brings to a conclusion the SEC’s efforts to implement a resource extraction disclosure rule mandated more than six years ago by the Dodd-Frank Act. Read our client alert here:  https://www.mofo.com/resources/publications/170222-repeal-of-resource-extraction-disclosure-rule.html View Full Post
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US Chamber of Commerce On Capital Formation and Disclosure Requirements

By | MOFO Jumpstarter | February 22, 2017
In a recent letter, the Chamber commented to the SEC’s Advisory Committee on Small and Emerging Companies about the Committee’s consideration of the factors affecting the trend of companies remaining private and deferring their IPOs.  The Chamber’s letter attributes some of the “hurdles” of becoming a public company to the SEC’s complex disclosure requirements, recent specialized disclosure requirements, and the influence of proxy advisory firms on governance in U.S. View Full Post
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The Ascendency of Accessibility: Surge in Website Lawsuits Continues

The Ascendency of Accessibility: Surge in Website Lawsuits Continues Keyboard - access key Contact usThe proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is symptomatic of long-term trends. Growth is fueled in part by litigants’ increased focus on internet-based technologies, including websites and mobile applications. View Full Post
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Sure, Things Went Wrong…but Was It This Guy?

Superior Tech. Solutions, Inc. v Rozenholc  2017 NY Slip Op 01136 Decided on February 10, 2017 Appellate Division, First Department is an example of trying anything to fix a deadly problem.  When this happens, anyone in the general vicinity becomes a target. From what we can glean, longtime tenant gets into a problem with the landlord, and has to try to fix that problem.   View Full Post
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Ontario Human Rights Commission Provides Guidance On Medical Documentation and Disability Accommodation Requests

By | Canada in Focus | February 21, 2017
On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a policy position on the medical documentation to be provided when a disability-related accommodation request is made. This policy position supplements and reaffirms section 8.7 of the Commission’s … Continue Reading View Full Post
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Employers: Don’t Get Trumped by Trump’s Executive Order On Immigration

By | Tilting the Scales | February 21, 2017
Employers: Don’t Get Trumped by Trump’s Executive Order On Immigration US Customs and Border ProtectionLast week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel, apparently at least in partial response to a recent executive order. Can the President of the United States do that? View Full Post
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