I. Covenants not to Compete in the Distribution and Franchise Contexts A. Common law 1. Dyer’s Case, 2 Henry V, fol.5, pl. 6 (1414) a. Mr. John Dyer had given…
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I. Introduction A. The importance of managing import risk in the current enforcement environment B. Automation through Automated Commercial Environment (ACE) has sharply increased chances of Customs finding errors, leading…
I. Getting to know U.S. Customs and Border Protection (CBP) A. What is CBP? 1. CBP is the Department of Homeland Security’s largest and most complex component. With more than…
I. Intro a. UFLPA signed into law December 23, 2021 b. Effective June 21, 2022 c. Bans the import of goods produced in the Xinjiang Uyghur Autonomous Region (XUAR) d. …
I. Managing Terminations & Non-Renewals for Deficient Dealer/Distributor Performance A. Back to the Basics: What’s the Benefit of Selling Through Dealers and Distributors? 1. The Benefits of Indirect Sales Channels…
I. Bankruptcy Lingo A. Bankruptcy Formats 1. Restructuring (Chapter 11 with debtor confirming a plan and becomes a reorganized debtor; could have a trust established to deal with certain claims…
I. Introduction A. Misclassification: an entity misclassifies as a worker as an independent contractor B. Join Employment: separate entities both have an employment relationship with a worker You need to…
I. What is ESG? A. Environmental: The conservation and Protection of the Natural Environment 1. Examples a. Product and facility air emissions and air quality b. Climate Change c. Energy…
I. The Vernacular A. “No Poach” is a term for a certain type of agreement where two entities agree to refrain from soliciting another’s employees, which is viewed as a…
I. The Importance of Compliance with the Antitrust Laws A. Significant Penalties and Fines for Corporations and Individuals. 1. The Sherman Antitrust Act provides that a violation of Section 1…