General Business Civil Remedies Education

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Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement? A recent Florida appellate decision is a good reminder to think carefully about the...more

Florida Business Litigation Update: “Confidential” Settlements Really Need to Remain Confidential

The vast majority of bona fide commercial cases end in settlement. It has become a generally accepted practice in commercial practices to include a confidentiality provision in settlements so as to ensure that the parties...more

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

This modified excerpt from Loring and Rounds: A Trustee’s Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much alive and well in the real...more

In Two Cases, Illinois Appellate Court Reaffirms Rule of Deference to Decisions of Academic Institutions

In two recent decisions, the Illinois Appellate Court confirmed that Illinois courts are precluded, except in rare circumstances, from second-guessing the decisions of educational institutions regarding students. In both...more

U. C. Regents Have Constitutional Immunity from Plaintiff's Attorney Fee Motion

In Goldbaum v. The Regents of the University of California, 2011 DJDAR 339 (2011), the Fourth District California Court of Appeal decided a novel issue arising under the California Constitution and Labor Code § 218.5. Labor...more

Statutory Demands in a Nutshell

If you operate or contract with companies in Australia, then you should be aware of the statutory demand procedure. Statutory demands are increasing in use and have important implications on the solvency of a corporate...more

Follow-Up to "Annual Legal Update" at THE Foundations Seminar

Your alma mater, the local branch of the State University system, just derecognized the Beta chapter of your fraternity. You are the president of the local house corporation. Your house corporation now has an asset, the...more

Indemnity and Infidelity: Advancement of Defence Costs in Actions 'By...the Corporation'

Abstract: Indemnification refers to the financial protection provided by the corporation for its directors. It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the...more

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