ArticleIs A Joint Venture Preferable To A Merger/Acquisition?That loop hole previously used by some JVs to avoid CFIUS review is now closed under FIRMMA. United StatesCorporate/Commercial LawMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleDoes Your Company Use End User License Agreements To Protect Its Software?While it is commonly understood that software is protected under U.S. copyright laws, when the software is distributed, the scope of that protection may vary greatly depending...United StatesIntellectual PropertyMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleBoilerplate Bulletin: The Dangers Of Unilateral Change-In-Terms ClausesParties to commercial contracts are increasingly using unilateral modification or change-in-terms clauses to incorporate arbitration clauses into contracts without consent from the other party.United StatesLitigation, Mediation & ArbitrationMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleCourt Rules COVID-19 Order Constitutes Force Majeure Partially Excusing Tenant's Rent ObligationsAs the COVID-19 pandemic began to unfold in the United States in early 2020, governors across the country issued executive orders forcing businesses to shutter in order to mitigate the spread of the disease.United StatesCoronavirus (COVID-19)Masuda, Funai, Eifert & Mitchell, Ltd.
ArticleThe International Trade Landscape For 2020On December 13, 2019, the U.S. Government announced the general terms of a "Phase One" trade agreement with ChinaUnited StatesInternational LawMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleDOJ Announces First-Of-Its-Kind Settlement Regarding "No-Poach" AgreementOn April 3, 2018, the Antitrust Division of the U.S. Department of Justice ("DOJ") announced that it filed a civil antitrust lawsuit against, and simultaneously settled with ...United StatesAntitrust/Competition LawMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleFTC Announces Increased Hart-Scott-Rodino And Clayton Act Section 8 Thresholds For 2020The Federal Trade Commission (FTC) has announced its 2020 jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976United StatesAntitrust/Competition LawMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleA Brief Overview Of The California Consumer Privacy ActThe California Consumer Privacy Act, or "CCPA" for short, is a comprehensive data privacy law which was enacted in June 2018 and will go into effect on January 1, 2020 that will have...United StatesConsumer ProtectionMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleIllinois Passes Paid Leave For All Workers ActOn January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act ("PLFAW Act" or the "Act") which, once signed by Governor Pritzker, will go into effect on January 1, 2024...United StatesEmployment and HRMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleInsurance Carrier Certificates Of Insurance Do Not Meet The Content Requirements For A Summary Plan DescriptionThe Employee Retirement Income Security Act ("ERISA") requires that most employee benefit plans automatically furnish participants ...United StatesEmployment and HRMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleTravel Advisory & Visa Processing Guidance (As Of 1/31/17)On 1/27/17, President Trump issued an Executive Order (EO) suspending immigrant and nonimmigrant entry to the U.S. of individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen...United StatesImmigrationMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleBusiness Immigration Monthly - June 2023U.S. Citizenship and Immigration Services (USCIS) continues to expand availability of Premium Processing. Premium Processing is a program that allows applicants for certain types of petitions...United StatesImmigrationMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleBusiness Immigration Monthly - March 2023The U.S. Citizenship and Immigration Services ("USCIS") has completed the Fiscal Year ("FY") 2024 H-1B Quota Random Selection Process (aka "H-1B Quota Lottery").United StatesImmigrationMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleUnion Members Vote Out UnionIn an unusual situation, an employer filed a request with the federal government to allow its employees the right to vote whether the employees wanted a union to continue to represent them against the company. United StatesEmployment and HRMasuda, Funai, Eifert & Mitchell, Ltd.
ArticlePayroll Protection Program SBA Loans UPDATEDSmall businesses with no more than 500 employees may take advantage of expanded eligibility criteria for the Small Business Administration ("SBA") Paycheck Protection Program ("PPP") loans. United StatesCoronavirus (COVID-19)Masuda, Funai, Eifert & Mitchell, Ltd.
ArticleSetting Up The HR Department At Your New US SubsidiaryForeign investors confront a number of challenges when operating in the US. At the core of a successful business entity is its employees and it is essential that the Board of Directors establish...United StatesLaw Practice ManagementMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleFTC Announces Decreased Hart-Scott-Rodino And Clayton Act Section 8 Thresholds For 2021, But Increased Per Diem PenaltiesThe Federal Trade Commission ("FTC") announced on February 1 its 2021 jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976...United StatesAntitrust/Competition LawMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleFTC Announces Increased Hart-Scott-Rodino And Clayton Act Section 8 Thresholds For 2022The Federal Trade Commission ("FTC") announced on January 21 its 2022 jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the "HSR Act"). United StatesAntitrust/Competition LawMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleImmigration Alert - Travel Advisory & Visa Processing Guidelines (As Of 2/6/17)On February 4, 2017 the U.S. Department of Homeland Security ("DHS") announced that it would comply with the ruling from the United States District Court for the Western District....United StatesImmigrationMasuda, Funai, Eifert & Mitchell, Ltd.
ArticleProtecting Your Intellectual Property: What The Court Expects From Your Company"Courtroom victories" in commercial litigation require the company bringing the lawsuit (the "Plaintiff") to overcome many factual and legal hurdles.United StatesIntellectual PropertyMasuda, Funai, Eifert & Mitchell, Ltd.