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School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

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University of Arkansas School of Law

Arkansas Law Notes

Corporate and In-House Counsel

The Next Half-Century: Ways For the EEOC To Improve On How It Does What It Does

Because a comprehensive discussion of each potential avenue for improvement is simply not feasible, this note will focus on two specific aspects of the EEOC process: investigation and conciliation. Specifically, it will discuss the ways in which increased transparency and direct contact between EEOC investigators and the parties could streamline both processes, lead to speedy resolution, and ultimately benefit everyone involved.

Contemplating the Future of EEO Law: Will the ADEA Continue To Protect Age Equality? Father Time Will Tell…

While the Age Discrimination in Employment Act (the Act) is widespread, this paper briefly highlights its history and will offer points of contemplation of the future effectiveness of the Act for plaintiffs in light of a heightened burden of proof and an aging work population.

Trading With Cuba: What is in it for Agribusinesses in Arkansas?

Without doubt, food and agricultural products will feature strongly in Cuba’s unfolding trade relations with the West and the rest of the world. With U.S. Secretary of Agriculture Tom Vilsack predicting that U.S. trade with Cuba could rebound from its current $300 million to close to $500 million, agribusinesses in Arkansas stands to benefit. Although U.S. businesses already export some food and agricultural products to Cuba, normalized trade relations with the island nation has the potential to significantly boost economic exchanges between the two countries. This paper offers an assessment of the potential role of food and agriculture in Cuba’s external trade and foreign investment considerations.

Governor Hutchinson’s Trade Mission to Cuba: Key Legal and Policy Developments that the Arkansas Business Community Should be Aware Of

This article provides a broad overview of the state of play in the U.S.-Cuba diplomatic relations starting from December 17, 2014, when the landmark change in policy was announced. Subsequent articles will assess the implications of normalized trade relations with Cuba for food and agricultural companies in Arkansas, provide more detailed analysis of relevant regulations from the U.S. Department of State (“State Department”), the U.S. Department of Commerce (“Commerce”) and the U.S. Department of the Treasury (“Treasury”), and will offer more robust analysis of the legal aspects of a potential U.S.-Cuba trade and investment. Subsequent articles will also take a closer look at the risks involved in investing in Cuba and how businesses in Arkansas can mitigate those risks if and when they are allowed to enter the Cuban market. An analysis of the factors that prompted U.S.-Cuba rapprochement is beyond the scope of this article.

The (Limited) Allure of Delaware

Delaware is known as “The First State” for its primacy in adopting the United States Constitution in 1787.[2] More recently, Delaware has become the first state of U.S. corporations, despite being the second smallest state in terms of territory and the sixth least populous state.[3] Why is Delaware the most attractive jurisdiction for incorporation? This piece will discuss the unique blend of law, institutions, and reputation that have combined to make Delaware the most sought after jurisdiction for corporate enterprise, and will consider what that means for Arkansas legal practitioners and lawmakers.

SEC Lifts Ban on General Solicitation, Adopts “Bad Actor” Rules and Proposes Changes to Regulation D and Form D

On July 10, 2013, the Securities Exchange Commission (“SEC”) adopted and released a number of highly anticipated amendments to Rule 506 of Regulation D of the Securities Act of 1933, as amended, that (i) effectively lift the ban on general solicitation and general advertising of securities in certain private offerings under Rule 506, as mandated by Section 201(a) of the Jumpstart Our Business Startups Act (the “JOBS Act”), and (ii) disqualify securities offerings involving certain “bad actors” from relying on the exemption under Rule 506, as mandated by Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank”).[2]

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