Force Majeure: A Force to be Reckoned With

Mackenzie Dimitri of Einbinder & Dunn recently represented a national retail-based commercial tenant in a case in the Supreme Court of New York, successfully opposing a motion for summary judgment based on the clear language of the force majeure provision in the lease in that case. Ms. Dimitri, for the tenant, successfully argued that the […]

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Attorney General’s Memorandum Allows Prosecution for Noncompliance with Agency Guidance Documents

On July 1, 2021, U.S. Attorney General Merrick Garland published a memorandum that rescinds two previous memoranda―the Sessions Memorandum and Brand Memorandum―that prohibited Department of Justice (DOJ) attorneys from using noncompliance with federal agency guidance documents as a basis for civil and criminal enforcement cases. These memoranda reasoned that since guidance documents do not undergo the notice-and-comment […]

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Duane Morris Welcomes Trial Partner John D. Huh in Philadelphia

September 8, 2021 PHILADELPHIA, September 8, 2021―John D. Huh has joined Duane Morris LLP as a partner in the firm’s Trial Practice Group in its Philadelphia office. Prior to joining Duane Morris, Huh was a partner at DLA Piper. “John’s extensive background in litigation, government investigations and compliance, and client relationships are an exciting addition to our Trial practice […]

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Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in ‘Paragon Offshore’

By Lawrence J. KotlerSeptember 8, 2021Delaware Business Court Insider In the recent decision of Paragon Offshore, No. 16-10386 (CSS), 2021 (Bankr. D. Del. June 28, 2021), the U.S. Bankruptcy Court for the District of Delaware (the court) addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against […]

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Antitrust Courses Still Can Teach Valuable Practical Skills — If Taught Well

Author:  Steven J. Cernak In addition to being a full-time antitrust attorney at Bona Law PC, I have taught at least one antitrust course every year since 2009 at three different Michigan law schools. As I prepare for another semester, I had reason to return to an article I wrote six years ago. There, I captured my thoughts […]

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The FTC Continues the HSR Antitrust Process’s “Death of a Thousand Cuts”

Authors: Steve Cernak and Luis Blanquez New management at the FTC keeps reviewing all aspects of the Hart-Scott-Rodino (HSR) premerger notification process.  On August 26, the current head of the Bureau of Competition posted a change to a long-standing FTC informal interpretation about how potential HSR filers should view debt repayments when determining if the transaction is large enough to […]

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The FTC Continues the HSR Antitrust Process’s “Death of a Thousand Cuts”

Authors: Steve Cernak and Luis Blanquez New management at the FTC keeps reviewing all aspects of the Hart-Scott-Rodino (HSR) premerger notification process.  On August 26, the current head of the Bureau of Competition posted a change to a long-standing FTC informal interpretation about how potential HSR filers should view debt repayments when determining if the transaction is large enough to […]

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Antitrust Courses Still Can Teach Valuable Practical Skills — If Taught Well

Author:  Steven J. Cernak In addition to being a full-time antitrust attorney at Bona Law PC, I have taught at least one antitrust course every year since 2009 at three different Michigan law schools. As I prepare for another semester, I had reason to return to an article I wrote six years ago. There, I captured my thoughts […]

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Offit Kurman Continues to Grow in Southeast Region with the Addition of Three New Attorneys

CHARLOTTE, NC – August 17th, 2021 – Offit Kurman is pleased to welcome three attorneys to offices in the firm’s Southeast region. Principal Daniel Moskowitz and Counsel Alec C. Roberson have joined the Charlotte, North Carolina office and Counsel Stephen Chryst has joined the Spartanburg, South Carolina office. Daniel B. Moskowitz, a principal in Offit Kurman’s Commercial Litigation group, focuses […]

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Leniency Applications and Limited Liability Under ACPERA

Author: Jon Cieslak I recently wrote about the DOJ Antitrust Division’s Leniency Program, and the benefits it can provide to a company engaged in criminal antitrust conduct. Those benefits can extend beyond a company’s immunity agreement with the DOJ to the civil litigation that frequently follows a DOJ investigation. The civil law benefits of a successful leniency application […]

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The Road Ahead for Maryland’s Cannabis Program: Where are We Going From Here? A Tour of ‘Tors.

On August 11th, 2021, Offit Kurman’s Cannabis group talked with Taylor Kasky (Director of Policy and Government Affairs for the Maryland Medical Cannabis Commission), Venus Hemachandra (Co-Founder and Managing Director for Herbiculture) and Bobby Zirkin (former legislator with Maryland’s Senate and House of Delegates) about the road ahead for Maryland’s cannabis program. Click here to […]

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FTC Guts Major Benefit of Antitrust HSR Process for Merging Parties

Authors:  Steven J. Cernak and Luis Blanquez On August 3, 2021, the Federal Trade Commission Bureau of Competition announced what might seem like a small technical change to the Hart-Scott-Rodino merger review process: Some proposed mergers would receive form letters at the end of the 30-day initial review period saying that an antitrust investigation remains open and that the FTC might challenge the […]

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