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Supreme Court Sustains Viability of Pennsylvania's Foreign Registration Corporation Statute

On June 27, in Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749 (2023), the Supreme Court vacated and remanded the Pennsylvania Supreme Court decision to the contrary, and upheld a Pennsylvania foreign corporation...more

Business and Human Rights: Immediate, Practical Considerations for Companies

The focus on “responsible business conduct” continues to grow—from the U.S. State Department updating and revitalizing the 2016 National Action Plan on Responsible Business Conduct (NAP RBC), to the Japanese Ministry of...more

Supreme Court Resolves Section 1782 Application

On June 13, the United States Supreme Court in ZF Auto. US, Inc. v. Luxshare, Ltd., No. 21-401, 2022 WL 2111355 (U.S. June 13, 2022) resolved a disagreement among the circuits and held that Section 1782 does not apply to...more

Second Circuit Refines Its Fair Use Test

In 2013, the Second Circuit issued its controversial decision in Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), in which it “rejected the proposition that a secondary work must comment on the original in order to qualify as...more

10-Point Checklist for Issuing and Responding to Force Majeure Notices

With the spread of COVID-19 and executive orders and other laws effectuating lockdowns, closures, and rules against multi-person assemblies, many entities are issuing notices claiming excuse for non-performance based on...more

The New Singapore Mediation Convention

On August 7, 2019, forty-six countries, including the United States, signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Mediation Convention....more

Supreme Court Narrows Availability of Class Arbitration

In another Supreme Court decision on arbitration clauses, a majority of five justices in Lamps Plus, Inc. v. Varela, held that the Federal Arbitration Act requires a non-ambiguous, clear expression of agreement to arbitrate...more

Sex, Lies and Defamation

On Monday, July 25, 2016, the Ninth Circuit emphasized the continuing viability of defamation claims in cyberspace, notwithstanding a culture saturated in images and "anything goes," by permitting a defamation claim by an...more

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