• 11.18.15

    What to Bear in Mind From the Bayer Decision

    As you likely know by now, in September, a New Jersey district court issued a decision in United States (FTC) v. Bayer. Indeed, as the headlines read, the FTC (Federal Trade Commission) did lose the case, and they lost it big. However, does that loss mean that the FTC will change its approach ...

  • 11.18.15

    The Home Sharing Economy

    Recently, voters of San Francisco, home to the Airbnb headquarters, rejected a highly controversial proposition ("Prop F") aimed at regulating short-term home rentals. Prop F would have limited the number of nights a short-term rental could be let to seventy-five (75) days a year, required ...

  • 11.17.15

    Keeping Faith With Your Investment Banker

    Fairness opinions are a long-established fixture of the public M&A deal process. Smith v. Van Gorkum, the landmark case in Delaware corporate law that sparked the proliferation of fairness opinions, requires that a board of directors receive "adequate information regarding the intrinsic ...

  • 11.17.15

    Bet Against Daily Fantasy Sports

    Today would not be a propitious day to invest, as some professional sports leagues have done, in the daily fantasy sports sites, Draft Kings or FanDuel. Or to make bets (or, according to DraftKings/FanDuel, to exhibit your skill) on those sites if you live in New York. The reason is that on ...

  • 11.07.15

    What the Pundits Keep Missing About 2016

    The initial mistake by pundits early in the 2016 presidential race was to prematurely predict that campaigns by political outsiders—non-establishment candidates—would evaporate at a first gaffe or controversy.Now, the same so-called experts ignore that a polling ceiling hangs over the ...

  • 11.05.15

    To Preserve 'Amateurism,' NCAA Should Separate Power Five Schools

    The fact that the courts are, in effect, shaping NCAA policy these days is a strong sign that the NCAA should take a more proactive role in reconsidering amateurism. Two recent decisions-one denying the right of student-athletes to unionize and one affirming that the NCAA has violated the antitrust ...

  • 11.03.15

    How to Get in on the Offshore Fund Flow to U.S.

    Unlike some countries, the US has minimal legal impediments to offshore investors investing in US properties, says Muller.   A recent report estimates that foreign investors are on track to spend more than $70 billion on US commercial real estate in 2015.  And another report says that ...

  • 10.21.15

    Are Regulatory Delays Exacerbating Drought Conditions?

    As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year, large sections of this area are still recovering from severe dry periods. ...

  • 10.19.15

    Thoughts on Calif. Drought and Its Impact on Energy

    California's drought is now in its fourth year, and state leaders are faced with making unprecedented decisions further restricting current water use and changing the way water is used in the future. The actions of regulators and government will determine whether this is just another bad ...

  • 10.09.15

    Lessons From Hawaii's Trailblazing ACA 1332 Waiver Proposal

    On Sept. 9, Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's waiver proposal is focused on the state's unique 40-year-old employer mandate, the 40-page proposal illuminates the procedural and substantive issues that other states will have to ...

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