Consider This: The Validity of Consideration in Factoring Estoppel Agreements

Every factor has experienced the frustration of the account debtor refusing to pay the factor on the grounds that the assignor’s performance was deficient.[1] To combat this, factors have turned to a powerful tool: the Estoppel Agreement. An Estoppel Agreement is a direct contract between the factor and the account debtor, which obligates the account […]

The Corporate Transparency Act: Rising Reporting Requirements

The Corporate Transparency Act (“CTA”), which takes effect on January 1, 2024, will create reporting obligations for most small businesses in the United States.[1] The CTA is designed to capture more information about the ownership of specific entities operating in or accessing the U.S. market, with the goal of enhancing transparency in entity structures and […]

Regulatory Vacation: Next Steps After Winning An APA Challenge

Federal[1] agencies adopted three thousand, two hundred, and seventy-three final rules in 2021 alone.[2] With each rule that was adopted, the Administrative Procedure Act (“APA”) required the Federal Government to follow the appropriate steps when reaching its conclusions about what rules and regulations the agencies should create. When agencies fail to take those steps, parties […]

Federal Trade Commission Proposes Ending the Non-compete Agreement

On January 5, 2023,[1] the Federal Trade Commission proposed new rules which would impact nearly thirty million workers and their employers by banning non-compete clauses in all labor contracts.[2] Non-compete clauses limit workers from working for competing businesses or starting their own competing business within a certain geographic area or time period. Workers of all […]

Forks in the Road: Three Routes to Transfer A Lawsuit

While attorneys understandably want to focus on the substantive merits of an action, the procedural question of what venue to litigate a case in can have substantial impacts on the likelihood of success.[1] And, transferring a case after its been filed can keep an action lacking personal jurisdiction alive, or ensure that a case has […]

ITAR: Breaking the Law to Comply with it

The Department of Justice has created an unworkable regulatory scheme whereby companies that endeavor to comply with the International Trafficking in Arms Regulations forbidding the “export” of technical data to individuals without sufficient ties to the United States (i.e., “U.S. persons”) are forced to violate anti-discrimination in hiring statutes.[1] The Department of Justice should change […]