Acquisition agreements typically contain the parties’ respective representations and warranties, and these contractual provisions are negotiated heavily in many deals.

Few homeland security issues are receiving more attention in Congress than chemical facility security. With government reports identifying approximately 15,000 chemical facilities producing and stockpiling large inventories of dangerous chemicals, and the fear that many of these facilities are vulnerable to a terrorist attack, Congress is primed to take action.

A recent decision by the Eleventh Circuit Court of Appeals has significant implications for franchisors seeking to enforce their non-compete agreements. In April, that court held that a post-employment non-compete agreement declared invalid in Georgia is also invalid in all other states.

When may a directors and officers liability policy be rescinded (revoked) by the insurer? This question, of great concern to insurers and insured directors and officers alike, was answered by the Ninth Circuit’s recent affirmances of two unpublished District Court decisions from Washington and California.

This summer the European Union is beginning to implement two broad new environmental law directives that have significant global impact on producers and distributors who operate internationally.

After March 9, 2006, Section 402 of the Act amended IEEPA by increasing the penalties for both civil and criminal violations. Now, each willful violation of a license, order, or regulation issued under IEEPA carries with it a possible maximum civil penalty of $50,000, up from the previous level of $10,000.

On April 20, 2005, President George W. Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act (the Bill) (S. 256) which amends Title 11 of the United States Code (the Bankruptcy Code).

Will your forum selection clause in your arbitration clause be enforced in the face of a state franchise policy against enforcing forum selection clauses? It should, at least according to a recent decision from the United States District Court for the District of New Jersey.

The Supreme Court of California recently handed down a decision that will affect franchise agreements that are governed by California law and that contain agreements to waive jury trials in the event of a dispute in the California courts.

Suppose you sell or exchange your appreciated low basis privately-held company stock for equivalent publicly traded stock in a "tax-free reorganization," but for various reasons you do not want to sell the publicly traded stock in your current tax year.

In the last several years many employers have incorporated arbitration agreements in their employment policies and handbooks. These agreements request that employees waive their right to judicial relief for employment-based disputes and require arbitration of all employment-related claims.

Since 1990, when the Congress enacted the Older Workers Benefit Protection Act (OWBPA), waivers of age discrimination claims must contain provisions intended to ensure that individuals act voluntarily and knowingly when giving up any right or claim they might have under the Age Discrimination in Employment Act (ADEA).

On March 30, 2005, the United States Supreme Court resolved a split among the federal appellate courts over whether the federal Age Discrimination in Employment Act (ADEA) allowed workers age 40 and over to bring discrimination claims by showing that a facially neutral policy or practice had a disproportionate adverse impact on older workers (a "disparate impact" claim), without any evidence of discriminatory intent.

Companies considering mergers or acquisitions should be aware of changes announced by the Federal Trade Commission (FTC) that will affect their obligation to file reports notifying the federal antitrust agencies of such transactions. Under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), certain persons acquiring or selling securities or assets must file a Premerger Notification and Report Form with the FTC and the Antitrust Division of the Department of Justice (DOJ) and del

The Americans with Disabilities Act (ADA) states that covered employers "shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability."

The Federal Trade Commission has announced that Valassis Communications, a public company, has settled charges that it used its quarterly earnings call to attempt to collude with its only competitor.

US businesses, particularly those in high-tech industries, should be aware of a proposal that may make it more difficult for them to hire and employ foreign nationals. The proposal would particularly affect these sectors: Electronics; Computer companies; Telecommunications companies; Microchip manufacturers; Software firms and Educational institutions.