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Food & Beverage

USDA Raises Hurdles to Bankruptcy Sales of PACA-Regulated Produce Businesses

One of the main advantages of purchasing a business out of bankruptcy is that the process can be quick, orderly and predictable. Yet, recently, the United States Department of Agriculture ("USDA") has challenged the ability of debtors that are produce vendors to sell their businesses...

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Insolvency-Related Implications for the Oil & Gas Industry in the U.S.

Despite the tremendous growth and development of oil and gas resources in recent years, the industry is expected to be a boon for bankruptcy lawyers. This article explores how the current low price environment hurts developers and their lenders, whose past investment premises included a sustained...

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Is That Volunteer Really An Employee?

A neighborhood church offers to send a group of volunteers to your company’s local retail branch to wrap Christmas presents for shoppers. As a token of thanks, your company will donate a set amount of money to the church for every wrapped gift. Does this sound to you like the perfect...

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The Bank Secrecy Act: A Trap For The Unwary Businessman

Introduction Rising rents, confusing healthcare laws, and competition from mega-chains are not the only challenges confronting small business owners these days. To this list, add the U.S. government. Small businesses that take in large amounts of cash now have to be extra careful how they bank...

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Intellectual Property

Pom v. Coke At The Supreme Court: FDA Approval May Not Preempt False Advertising Challenges To Labels

The U.S. Supreme Court last month heard argument in Pom Wonderful, LLC v. The Coca-Cola Company, Docket No. 12-761, the outcome of which is likely to have significant and far-reaching effect in the realm of food and beverage labeling, and potentially have impact extending to other industries...

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International Trade

Russia Sanctions: Iran Déjà Vu Or Jamais Vu?

Over the past few months, Russia’s global position has morphed from that of host to exile, diplomat to aggressor. Early in 2014, Russia welcomed the world to Sochi for the Winter Olympics; in late 2013, the country was a key intermediary in diplomatic talks with Syria. But then in late...

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Cybersecurity: Breaching The Boardroom

When the President of the United States calls something “one of the gravest national security dangers that the United States faces,” it seems worthwhile to pay attention. The President’s statement, on February 12, 2014, was not referring to the dangers of war or terrorism, but...

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