In a recent decision, the Seventh Circuit federal court of appeals reaffirmed the limited role courts have in reviewing arbitration awards. The decision also provides a lesson to litigants about the need for a clearly written and well-reasoned arbitration decision.
The case stems from a fallout between a technology company and an inventor turned equity
Corporate & Commercial
California Court of Appeal Reaffirms Broad Inspection Rights Accorded to Directors Under Section 1602 of the California Corporations Code
In Fowler v. Golden Pacific Bancorp, Inc., 2022 Cal. App. LEXIS 548 (Cal. App. June 23, 2022), the California Court of Appeal, Third Appellate District (Krause, J.), reinforced the near absolute right of directors of a California corporation to inspect their company’s books and records pursuant to Section 1602 of the California Corporations Code. The…
UK Oil Services Company Becomes Seventh Company to Receive OFSI Monetary Penalty for Sanctions Breaches
On 29 June 2022, HM Treasury’s Office of Financial Sanctions Implementation (OFSI) announced that a monetary penalty of £15,000 was imposed on 19 May 2022 against Tracerco Limited (Tracerco) for breaches of The Syria (European Union Financial Sanctions) Regulations 2012 (the UK Regulations). Tracerco is a UK registered company based in the UAE and a…
Distribution Agreements: Quick Look at What’s New on Vertical Agreements and Antitrust in the European Union
By Bona Law PC
Authors: Luis Blanquez and Steve Cernak
The adoption of the new Vertical Block Exemption Regulation and Guidelines has created a hectic few months in the European Union for those in the world of antitrust and distribution agreements.
1. The European Commission updates existing vertical rules
On May 10, 2022, the European Commission (EC) adopted the…
Top 7 Ways to Avoid Post-Closing Merger Litigation
By Jared Amory
Not all corporate mergers and acquisitions are amicable arrangements; most notably, the hostile takeover. There are various types of mergers and acquisitions in California. Even merger discussions that begin amicably may result in a perceivably unfair closing agreement, triggering expensive post-closing litigation. Oral promises may never translate into a written contract or diluted shareholders may…
Nevada Supreme Court Holds Initiative To Be Unus Et Idem
A dozen years ago, I wrote about California’s single subject rule governing legislation – “A statute shall embrace but one subject, which shall be expressed in its title”. Cal. Const. Art. IV, § 9. A similar rule applies to initiatives – “An initiative measure embracing more than one subject may not be submitted to the electors…
New Jersey Courts Block All International Internet Traffic and Emails to its websites
We received a recorded telephone call this afternoon July 1, but this ban has been in effect since at least May.The New Jersey Courts are blocking “all internet traffic from outside the country to ensure the security of our data. This includes access to all of our websites, applications, and other services,” the courts said.…
Significant Changes to China’s Anti-Monopoly Law to Take Effect in August
When its Anti-Monopoly Law (“AML”) went into effect in August 2008, China immediately became a significant antitrust enforcer on the world stage. On June 24, 2022, the National People’s Congress, China’s top legislature, passed the Amendment to the Anti-Monopoly Law of the PRC (the “Amendment”), the first significant changes to the AML in nearly fourteen…
Wisconsin Joins the Majority: Profit Losses Due to COVID-19 Not Insured
Nationwide, restaurants and bars felt financial strain over the past two years. With measures in place to prevent the spread of COVID-19, many food and beverage businesses were subject to restrictions on the use of their in-person dining rooms. In a recent case, the Wisconsin Supreme Court found that COVID-19 related business interruption losses were…
Canadian Federal Court Applies New Test for Patent Subject Matter Eligibility
Canadian Federal Court Applies New Test for Patent Subject Matter Eligibility
New Canadian Federal Court decision implements new statutory subject matter evaluation as applied to computer-implemented inventions and medical diagnostics.
The new test outlined by the Federal Court of Canada requires the CIPO to perform a three-step evaluation:
1. Purposively construe the claim.
2. Ask…