Posts Tagged ‘business law’
Grappling with the Implementation of the SEC’s New Cybersecurity Disclosure Requirements
By: Olivia Woodmansee In July 2023, the Securities and Exchange Commission (“SEC”) voted to adopt a final rule on cybersecurity disclosure for public companies.[1] The rule is predicted to fundamentally alter most, if not all, public companies’ incident response processes.[2] The SEC now requires companies to disclose material cybersecurity incidents via Form 8-K within four…
Read MorePrime Target: FTC Takes Aim at Amazon in Antitrust Claims
By: Caitlyn Lindstrom On September 26, 2023, the Federal Trade Commission. (“FTC”), along with seventeen states, filed suit against Amazon.com, Inc. (“Amazon”), claiming Amazon’s business practices violate Section 5(a) of the FTC Act, 15 U.S.C. § 45(a)[1] and Section 2 of the Sherman Act, 15, U.S.C. § 2[2], in addition to state competition and consumer…
Read MoreSlow Times for Solar in the Golden State: California Court of Appeal Will Hear Challenge to the State’s Slash in Subsidies
By: Gustav Gulmert The California Public Utility Commission (“CPUC”) previously incentivized Californians to use rooftop solar panels by financially crediting users at a market rate for the excess power their panels sent back onto California’s electricity grid.[1] Under the Million Solar Roofs Initiative of 2006, California’s solar credit system, called “net-metering,” quintupled in participants and…
Read MoreBed Bath & Beyond Unreasonable: Two Ways the Law Stops Ocean Carriers from Sinking U.S. Businesses and One Way It Falls Short
By: Patrick Rogers Bed Bath & Beyond, one of the United States’ most prominent retail brands, filed for Chapter 11 bankruptcy earlier this year.[1] In a complaint filed with the Federal Maritime Commission (“FMC”) last Tuesday, Bed Bath & Beyond alleged that the ocean carrier Yang Ming violated the Shipping Act and contributed to the…
Read MoreTo Be or Not to Be? Second Circuit Affirms Notes Issued in Syndicated Loans are Not Securities
By: Elizabeth Sloop When a borrower requires a loan too large for a single lender’s capital base, a group of lenders, or syndicate, may step in to provide funds.[1] By participating in syndicated lending, the lenders, typically banks and non-bank financial institutions,[2] are able to distribute the risk of default among themselves.[3] Because of the…
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