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Legal Updates

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Continuing Risks for Businesses Connected to the Marijuana Industry

May 13, 2019

In a recent decision, a gardening supply store was denied bankruptcy protection due to its business model, which targeted marijuana growers in states that have legalized its use.

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(Don’t) Do It for the Insta – Fair Use May Not Save Hashtags That Identify a Competitor’s Products

May 7, 2019

Instagram and other social media platforms have become fertile ground for all manner of intellectual property disputes.

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SEC Adopts Rules to Modernize and Simplify Regulation S-K

April 15, 2019

On March 20, the SEC announced that it had adopted final rules to modernize and simplify certain disclosure requirements in Regulation S-K.

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SEC Issues Guidance on Redaction of Exhibits Containing Immaterial, Competitively Harmful Information

April 15, 2019

On April 1, the SEC issued guidance to assist registrants in complying with the new rules and procedures governing the redaction of exhibits.

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SEC Issues Guidance on Board Diversity Disclosure

April 15, 2019

The SEC recently updated its compliance and disclosure interpretations (CDIs) to provide guidance on what disclosure of directors’ self-identified diversity characteristics is required under Item 401 of Regulation S-K and, with respect to director nominees, under Item 407.

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Proposed Legislation Would Mandate Board and C-Suite Diversity Disclosure

April 15, 2019

The proposed legislation would require any proxy statement relating to the election of directors to include disclosure of certain self-identified diversity characteristics of the company’s directors, director nominees and executive officers.

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Director Diversity and Other Board Matters: A Look at the Data

April 15, 2019

Two new publications by Deloitte and Ernst & Young provide useful data to assist boards in comparing their own composition, views and practices to those of other boards.

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Critiquing Stability in the Boardroom

April 15, 2019

“Corporate boards are very stable. That’s not necessarily a good thing.” So begins an article published late last year in The Wall Street Journal, discussing the findings of the 2018 U.S. Spencer Stuart Board Index.

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L-1 and L-2 Renewal and Extension Petitions Refused at Select Ports in Canada

April 5, 2019

Various U.S. Customs and Border Protection ports of entry and Preclearance locations have implemented a policy of refusing to process L-1 extension petitions presented by Canadians pursuant to the North American Free Trade Agreement.

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DOL Issues Bulletin on Compliance With H-1B Posting Requirements When Using Electronic Means

April 5, 2019

A new Field Assistance Bulletin reiterates an H-1B petitioner’s obligations when using electronic means to make the required notice to all affected employees.

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