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  • Article

    Keystone And Fukushima: Balancing Needs And Risks

    President Barack Obama has announced that he will shortly decide whether to approve the proposed Keystone XL pipeline extension from Alberta, Canada to Steele City, Neb. Keystone's sponsor, TransCanada Keystone Pipeline, with support from the Canadian government, contends that the Keystone extension would, together with domestic shale gas, help the United States achieve energy independence from unreliable or unsavory OPEC and other petroleum exporting nations.
    United StatesEnvironment
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Part II: New York's Regulation Of VASPs

    New York State regulates virtual asset service providers (VASPs) either operating in its jurisdiction or providing virtual asset services from offshore to persons in the state.
    United StatesFinance and Banking
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Make-Whole Premiums And OID In Bankruptcy

    The recent Southern District Bankruptcy Court decision in <em>In re AMR Corp.</em>, 485 B.R. 279 (Bankr. S.D.N.Y. 2013) ("<em>American Airlines</em>") raises again the challenges facing underwriters, initial purchasers, lenders and investors in the debt capital markets.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Can Art Owners, Consigning Or Lending Their Art, Protect Themselves In A Bankruptcy Proceeding Of The Gallery Or Borrower By Specifying Arbitration And A Choice Of Law In Their Consignment Or Loan Agreement? Probably Not.

    This essay is about an art owner who sought to protect himself from the consequences of a bankruptcy by his consignee art gallery.
    United StatesMedia, Telecoms, IT, Entertainment
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Ten Legal Considerations For Italian Companies Opening And Operating A Business In The United States

    Expanding a business to a foreign country can be an exciting and rewarding venture, but it requires careful planning and involves various legal considerations.
    United StatesCorporate/Commercial Law
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Tariff Recovery Litigation: The Focus Shifts To Downstream Claims And B2B Customers

    As tariff refunds exceed $100 billion, a new wave of litigation is emerging over who is entitled to recovered IEEPA duties. While consumer class actions face significant legal hurdles around pricing transparency and tracing, business-to-business customers with explicit tariff surcharges on invoices may have substantially stronger claims against their importer-distributors for refund sharing.
    GlobalLitigation, Mediation & Arbitration
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Cannabis Rescheduling Arrives, With Limits: What The DOJ's Final Order Does And Doesn't Do

    Alexander G. Malyshev and Sarah H. Ganley examine the final order rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act. The analysis clarifies that this rescheduling applies specifically to medical cannabis and does not constitute federal legalization of cannabis.
    United StatesCannabis & Hemp
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    DEA's Historic Move To Reschedule Cannabis Is No Panacea

    Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP analyze the legal and policy considerations of the Drug Enforcement Administration's move to reschedule Cannabis...
    United StatesCannabis & Hemp
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    The Physician Payment Sunshine Act: A Dawning Of New Reporting Requirements For Drug And Medical Device Manufacturers

    As part of the Patient Protection and Affordable Care Act, more commonly known as Obamacare, Congress also passed the Physician Payment Sunshine Act.
    United StatesCorporate/Commercial Law
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Update: EDGAR Next

    Summary: The SEC's new electronic filing system, EDGAR Next, is now live and became mandatory for all SEC filers, including private funds and their managers, as of September 15, 2025.
    United StatesCorporate/Commercial Law
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Update On CTA: How To Handle Beneficial Ownership Information Report Filings

    Pending a Supreme Court decision (Garland v. Texas Top Cop Shop), beneficial ownership information report ("BOIR") filings under the Corporate Transparency Act ("CTA")...
    United StatesCorporate/Commercial Law
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Department Of Labor Reveals New Joint Employer Rule Proposal

    On April 22, 2026, the United States Department of Labor (“DOL”) announced its new proposed rule aimed at clarifying when multiple employers share joint liability for violations of federal wage and hour laws. The proposed rule is entitled “Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act.”
    United StatesEmployment and HR
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Tariff Refunds And Pass-through Litigation: Where We Are Now And What Comes Next

    The Supreme Court's February 2026 ruling that the Trump administration lacked authority to impose sweeping tariffs under the International Emergency Economic Powers Act...
    United StatesInternational Law
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Merchant Cash Advance Litigation Is Getting Wilder

    According to lore, the merchant cash advance (MCA) industry was born in New York, and its law continues to be the law of choice in many MCA agreements.
    United StatesLitigation, Mediation & Arbitration
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    SDNY Is The New Worst Place To Litigate MCA Disputes

    Once upon a time, I lamented that The Worst Place To Litigate Merchant Cash Advance Disputes Is Out-of-State. Since last June, beginning with the issuance...
    United StatesLitigation, Mediation & Arbitration
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Understanding Tech Terms: Cybersecurity, Crypto, And Data Privacy — Part IV

    In today's fast-paced and interconnected world, understanding the terminology surrounding data privacy, cybersecurity and cryptocurrencies has become essential.
    United StatesTechnology
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Cannabis At An Inflection Point: Federal Rescheduling, Hemp Crackdowns, Constitutional Limits In 2025

    The U.S. cannabis industry entered 2025 amid growing skepticism that federal rescheduling would move beyond preliminary announcements and extended agency review.
    United StatesCannabis & Hemp
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Schedule 13D and 13G: Elon Musk Saga Ends, and SEC Clarifies Rules

    Recent SEC enforcement activity and new interpretive guidance highlight the agency's continued emphasis on beneficial ownership reporting under Schedules 13D and 13G. The settlement of the Elon Musk Twitter acquisition case, resulting in a $1.5 million penalty, demonstrates the SEC's focus on timely disclosure requirements. Updated Corporation Finance Interpretations clarify how derivatives and total return swaps may trigger reporting obligations when used to obscure voting influence.
    United StatesCorporate/Commercial Law
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Federal Court Affirms Constitutionality Of New York Labor Law Amendment Limiting Liquidated Damages

    In a July 18, 2025 article, we discussed an amendment to New York Labor Law (NYLL) §191 (now codified at NYLL §191(1)(a)) that eliminated liquidated damages in cases involving the late payment of wages for manual workers if certain conditions are met.
    United StatesEmployment and HR
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    A Plan For Coordinating State Action On Environmental Protection As The Federal Government Rolls Back National Efforts

    T he United States will soon have the presidency and both houses of Congress controlled by a political party whose official, 2024 national platform embraces increasing gas and oil production...
    United StatesEnvironment
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP

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