On May 23, 2024, the United States Supreme Court unanimously held in Coinbase, Inc. v. Suski that where there are two competing contracts – one requiring the arbitration of disputes (including the arbitrator deciding whether a dispute is arbitrable), and
Nevada Supreme Court Rejects The "Uncontrollable Child" Theory Of Parent-Subsidiary Relationships
Nevada famously limits directors and officers from personal liability. However, it would be an overstatement to say that Nevada is a “liability free” jurisdiction. For example, the Nevada Supreme Court recently held that directors and officers of a parent corporation
Michigan AG Solicits Attorney Help for Climate Change Litigation
In recent months, much of the discussion of ESG issues has focused on the impact of the ESG backlash. However, the predominance of the backlash movement in the current ESG discussion does not mean that interest in addressing ESG-related
E(U)xterritoriality of EU Sanctions: The No Russia Clause
The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick.
Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement
Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess more significant penalties—in some cases, potentially greater than the
Update on Litigation Timeline of SEC’s Climate Disclosure Rules
We previously blogged about the final climate disclosure rules, and how the Securities and Exchange Commission (SEC) voluntarily stayed implementation of the final rules pending the completion of judicial review of the consolidated Eighth Circuit cases.
Walking the Tightrope: EU’s Sanctions Enforcement Directive Puts Violators on Notice
In a bold move to tighten its sanctions enforcement, the EU rolled out Directive 2024/1226, establishing minimum rules for defining criminal offenses and penalties related to the violation of EU sanctions. Effective May 19, the Directive mandates Member States
FTC Updates (May 13 – May 24, 2024)
Between announcing a joint public inquiry with the DOJ seeking information on serial acquisitions and roll-up strategies and Chair Lina Khan’s remarks at the 2024 American Economic Liberties Project Anti-Monopoly Summit, the FTC was active with regard to antitrust issues
California AG Publishes FAQs on California’s ‘Junk Fee’ Law
On May 8, 2024, the California Attorney General released a list of frequently asked questions (FAQs) to help businesses comply with SB 478, California’s soon-to-be effective “Hidden Fees Statute,” a law intended to address so-called “junk fees” by prohibiting
Exclusion clauses and unfair terms
Exclusion clauses are among the most important clauses within commercial contracts. When a dispute arises, the parties may first turn to the exclusion clauses to assess their respective exposure or any protections from liability.
Exclusion clauses are contractual terms which can