Recent developments in a lawsuit against a Delaware grocery store chain serve as a prime example of why you should beware of partial and elliptical disclosures to stockholders in M&A transactions.
Monthly Archives: September 2018
The owner of the TEMPUR-PEDIC bedding brand (“Plaintiff”) has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand. Through that lawsuit, Plaintiff seeks to enjoin sales of the THERAPEDIC bedding.
The Competition and Markets Authority (CMA) has announced that Heathrow Airport Limited (HAL) has settled a competition law investigation into its lease agreement with a hotel operator, Arora. The settlement was reached on the basis that HAL accepted it had breached the competition law rules, paid a fine of £1.6 million, and removed the offending restriction. Arora also admitted the breach, but escaped any financial sanction as it was granted leniency for bringing the matter to the CMA’s attention in the first instance.
Unexplained loans and income tax assessment
In Hourigan and Commissioner of Taxation (Taxation)  AATA 3369 an individual taxpayer was partially successful in proving amended assessments were excessive, having contended that various unexplained bank deposits were predominantly received as loans from his father.
From 1 October 2018, a number of amendments to the Heavy Vehicle National Law (HVNL) will come into effect that significantly impact existing ‘chain of responsibility’ (CoR) duties and the overall regulatory framework.
ASIC issued a media release yesterday in respect of their recent activity against ICOs. ASIC’s actions are in-line with its Corporate Plan where it noted that monitoring and regulating ICOs and cryptocurrency were going to be an area of focus.
CHICAGO – Jordan Koss has joined the Chicago office of McDonald Hopkins LLC as a member and will be the head of the firm’s startup and venture capital group. He comes to McDonald Hopkins from goodcounsel LLC, a top boutique firm in Chicago focused on early stage startup representation, with prior experience at Fenwick & West in San Francisco and Kirkland & Ellis in New York.
President Trump’s recently issued Executive Order entitled “Strengthening Retirement Security In America” (the “EO”) may be helpful to businesses that sponsor or participate in multiple employer retirement plans (“MEPs”), as well as single employer plans, even if the sponsors and employers are not small business owners. While the stated purpose of the EO, which was issued on August 31, 2018 (the “EO Date”), is to “promote retirement security for America’s workers,” the EO directs attention to small business owners (less than 100 employees), noting that such businesses are less likely than larger businesses to offer retirement benefits. The EO also notes that regulatory burdens and complexity can be costly and discourage businesses, especially small ones, from offering retirement plans to employees. This post summarizes the four actions identified in the EO that the Federal Government may take to promote retirement security. While these actions are intended to benefit small businesses, large businesses that participate may benefit as well.
Hotels have long recognised the value that on-site restaurants can bring to their offering. They are increasingly joining forces with celebrity chefs to forge partnerships aiming to run restaurants of distinction and culinary sophistication.
On September 19, 2018, the New York Attorney General (“NYAG”) released a Frequently Asked Questions document (“FAQ”) regarding non-compete agreements in New York. The FAQ posits and answers the following basic questions about non-competes: