Commercial

Expert Analysis

• 5th Circ. Offers Expert Opinion Guidance For Insurance Cases

  

  A recent Fifth Circuit decision in Majestic Oil v. Lloyd's of London provides insight into how Texas' concurrent causation doctrine could affect insurance cases where the cause of damage is at issue, and raises considerations for litigants faced with new or revised expert reports after the deadline has passed, say Brian Scarbrough and Cianan Lesley at Jenner & Block.

• FTC Proposal Greatly Widens Auto-Renewal Regulation

  

  The Federal Trade Commission's proposed rule on automatic renewal subscriptions would impose significant new obligations on sellers of negative option plans and expand the agency's enforcement powers, likely requiring companies to examine and change their practices, say attorneys at Squire Patton.

• Now Is The Time For Independent Industry Self-Regulation

  

  The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.

• 20 Years On, Campbell Holds Lessons On Reining In Ratios

  

  Twenty years ago, the U.S. Supreme Court's decision in State Farm v. Campbell provided critical guidance on the constitutionally permissible ratio of punitive to compensatory damages — and both Campbell and subsequent federal circuit court decisions informed by it offer important pointers for defendants, say attorneys at Dechert.

• How Bank Turmoil Is Affecting Real Estate Purchases, Sales

  

  The new uncertainty in the availability of financing from bank lenders that were previously considered "money good," spurred by the bank crisis, has inserted a wrinkle in the commercial real estate market that alters some of the dynamics between a buyer and seller, says Simran Bindra at Thompson Coburn.

• How CMS Proposal Would Change PE Deal Transparency

  

  The Centers for Medicare and Medicaid Services recently proposed a new rule that would require the disclosure of additional ownership regarding Medicare and Medicaid nursing facilities, an approach that many states have started to take and reflects the Biden administration's scrutiny on private equity deals, say attorneys at Kirkland.

• How Cannabis Cos. Can Comply With NJ Industrial Site Law

  

  As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.

• IRS' Cost Method Update Is Favorable For RE Developers

  

  The Internal Revenue Service's recent update to its alternative cost method will allow real estate developers to accelerate their cost recovery of improvements in certain circumstances and make it easier for practitioners to satisfy the method's tax compliance requirements, says Benjamin Oklan at Weil.

• Commercial Landlords Should Approach Self-Help Carefully

  

  Although on the surface lease provisions give landlords the right to recover possession of leased premises when a commercial tenant falls behind on rent, blind reliance on such language can lead to trouble and self-help should be exercised with great caution, says Knox Withers at Arnall Golden.

• As The Metaverse Expands, Bankruptcy Questions Arise

  

  Restructuring and bankruptcy happen in the metaverse, too — and the uncertain and evolving rules of digital ownership could have surprising effects on who gets paid, with increasing tension between platforms and users, say Kizzy Jarashow and James Lathrop at Goodwin.

• Establishing A Record Of Good Faith In Mediation

  

  Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

• How Crypto-Friendly Bank Failures Will Change Tech Industry

  

  The recent failures of Silicon Valley Bank, Signature Bank and Silvergate Capital are likely to result in significant shifts in how the global tech industry and its financial partners address legal, compliance, regulatory and business risks, says Erin Bryan at Dorsey & Whitney.

• Top Questions, And Lessons, After Banking's Wild Weekend

  

  While regulators alleviated some immediate concerns related to Silicon Valley Bank and Signature Bank, even companies with minimal exposure to the failed institutions should monitor unfolding policy changes, cash management issues and increasing scrutiny on risk disclosures for public companies, say attorneys at Morgan Lewis.