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Legal Updates

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Updated Exemption Amounts Under the Bankruptcy Code

May 13, 2019

New dollar amounts for exemptions under the Bankruptcy Code took effect on April 1, 2019, and apply to all cases filed on or after that date. Ryan Murphy prepared a table that summarizes these updated Bankruptcy Code amounts and also compares the Bankruptcy Code exemptions with the Minnesota state-law exemptions.

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25% Tariffs on $200 Billion Worth of Chinese Goods

May 13, 2019

The U.S. Government increased tariffs last Friday on $200 billion worth of Chinese goods, hiking the tariff rate from 10 percent up to 25 percent.

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Now at the Supreme Court, Will the Ninth Circuit’s In Re Taggart Decision Affect Sanctions for Willful Violations of the Discharge Injunction?

May 13, 2019

After the Ninth Circuit in In re Taggart set a new and narrow precedent regarding exactly what a creditor must do in order to be subject to civil contempt sanctions for a violation of the discharge injunction, the ball is now with the U.S. Supreme Court to determine what influence that extraordinary opinion will have on other courts.

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A Case to Watch: The Extraterritorial Application of United States Bankruptcy Law

May 13, 2019

In a case that may end up before the Supreme Court, the Second Circuit recently analyzed the extraterritorial application of the fraudulent transfer laws found in the Bankruptcy Code on transfers made outside the U.S. between transferors and transferees both located outside of the U.S.

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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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