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Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media reporting, commentary, and blogs often confuse their scope and how they work. Over the past week, the scope and impact of these regulations and laws have been the subject of considerable discussion worldwide as the media discusses U.S.-based NVIDIA’s recently announced...By: Ak...
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Data Security for Owners and Contractors: Protect Construction Investments From Catastrophic Loss

Long before the COVID-19 pandemic, the construction industry was "going global" using available technology and cloud-based data storage and file sharing on all phases of projects. For example, a project owner might hire a London-based architect to design a transportation hub in the United States. The London-based architect might delegate its building information modeling work to a company in New Zealand....By: Bilzin Sumberg
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Bilzin Sumberg | Sep 21,2020 |

An Equitable Exception To the Four Corners Rule: The Eleventh Circuit Looks Beyond Operative Complaint To Find No Duty To Defend

Under Florida law, similar to that of other states, an insurer’s duty to defend is generally determined solely by the allegations found within the four corners of the complaint. Florida courts, however, recognize an exception to that general rule and will allow for the consideration of extrinsic undisputed facts, which, if pled, would place the claim outside the scope of coverage. The Eleventh Circuit recently applied this exception in BBG Design Build, LLC v. Southern Owners Insurance Company,...
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Carlton Fields | Sep 21,2020 |

Financial Daily Dose 9.21.2020 | Top Story: White House Signs Off on Deal for Oracle & Walmart to Take Stake in TikTok

The White House has given its crucial imprimatur to a deal for Oracle (and Walmart) to take a stake in Chinese video app TikTok, “an agreement that will delay the U.S. government’s threat to block the popular app in the United States over national security concerns.”...By: Robins Kaplan LLP
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Robins Kaplan LLP | Sep 21,2020 |

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case, Sifuentes v. D.E.C, LLC, addresses the effects on a subcontractor’s remedies of not being licensed as a contractor as required in Tennessee. The second case, Clark v. Givens, involves the effect of a construction agreement not containing a “time is of the essence”...By: Ba...
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Bass, Berry & Sims PLC | Sep 21,2020 |

Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released the Hart-Scott-Rodino annual report for fiscal year 2019 on July 8, 2020. For more than 40 years, the data provided in each report has been studied by the antitrust bar for revelations about the agencies' merger enforcement efforts and the workings of the antitrust premerger notification program... Originally published in Law360 - September 18, 2020....By: Lowenstein Sandler LLP
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Lowenstein Sandler LLP | Sep 21,2020 |

Construction Contractors Ramping Up Diversity Efforts

In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for improvements in diversity and inclusion in their companies, their industry, and the country......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 21,2020 |

CFIUS Finalizes New Mandatory Filing Rule for Critical Technologies

On September 15, 2020, the U.S. Department of the Treasury published a final rule, effective October 15, 2020, that alters and expands the scope of foreign investments involving critical technologies that are subject to mandatory review by the Committee of Foreign Investment in the United States (CFIUS)....By: Cozen O'Connor
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Cozen O'Connor | Sep 21,2020 |

[Video] Who Can Issue a Stop Notice?

Construction attorney Mark Bogard explains how a stop notice can be used by contractors and suppliers to ensure payment....By: Jaburg Wilk
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Jaburg Wilk | Sep 21,2020 |

State Tax in Transactions: Perspectives of M&A Lawyers (Part 1)

Gone are the days when you could blow off state and local taxes in transactions! Erica Svboda and Ryan Gorsche - M&A lawyers in BakerHostetler's M&A Team join Matt Hunsaker in the virtual studio to provide background on how merger and acquisition transactions work and how to address SALT issues....By: BakerHostetler
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BakerHostetler | Sep 21,2020 |
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