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Appeals Enforcement

Ward and Smith, P.A.

Amending Your Planned Community's Declaration

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The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more

Perkins Coie

Enforcement Authority Cannot Be Used to Revisit Zoning Decisions

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A Court of Appeal held that a municipal regulation concerning enforcement of zoning laws did not provide a legal basis to challenge a city planning department’s past zoning decisions. San Pablo Ave. Golden Gate Improvement...more

Davis Wright Tremaine LLP

California Court Holds Mechanic's Lien Enforceable Despite Failure To Provide Preliminary Notice

In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic's lien, over the project owner's objection, even though the contractor had not provided a preliminary notice of lien to the...more

McDermott Will & Emery

Preliminary Injunction Upheld in Cancer Relapse Detection Case

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The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including...more

Payne & Fears

May 2024 Case Summaries

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Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Enacts a New Digital Regime Regulating the Conduct of Major Tech Platforms

The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Carter County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189. The...more

Patton Sullivan Brodehl LLP

Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable

Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more

ArentFox Schiff

Fifth Circuit's German Pellets Opinion: Risks of Nonparticipation in Bankruptcy for Creditors

ArentFox Schiff on

A significant recent decision by the Fifth Circuit Court of Appeals in the case of Raymond James & Assocs. V. Jalbert (In re German Pellets La., L.L.C.), 91 F.4th 802 (5th Cir. 2024) (German Pellets), underscores the...more

Adams and Reese LLP

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

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“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Courts of Appeals Block Two Legal Efforts to Curb DEI Initiatives

Based on First Amendment concerns, the Eleventh Circuit has blocked enforcement of provisions in Florida’s Stop WOKE Act that would restrict mandatory trainings endorsing DEI concepts. The Second Circuit has rejected a...more

A&O Shearman

Valid in Venezuela

A&O Shearman on

The New York Court of Appeals Requires an Examination of Venezuelan Law to Assess the Validity of a Note Exchange under Section 8-110 of the New York UCC. The continuing litigation and dispute over the 2016 exchange (the...more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - February 2024 - 3

Editor's Note: The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically...more

Snell & Wilmer

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance...

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Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more

Akin Gump Strauss Hauer & Feld LLP

Federal District Court in Alabama Holds Corporate Transparency Act Unconstitutional and Enjoins Enforcement Against Plaintiffs

A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA, which was enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial...more

McDermott Will & Emery

Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award

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The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s arbitration award because the district court lacked proper subject matter jurisdiction, independent from the Federal Arbitration Act...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

Akin Gump Strauss Hauer & Feld LLP

California Court of Appeals Rules CPPA Can Start Enforcing Regulations

On February 9, 2024, California’s Third District Court of Appeals ruled that the California Privacy Protection Agency (CPPA) may begin enforcing its finalized data privacy regulations immediately, overturning the lower...more

Farella Braun + Martel LLP

California Appeals Court Empowers Privacy Agency to Immediately Enforce CCPA Regulations

In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy...more

Gardner Law

Court Affirms Criminal Convictions for Device Execs Under the FDCA

Gardner Law on

The U.S. Court of Appeals for the First Circuit recently upheld multiple misdemeanor convictions for two former medical device company executives under the Food, Drug and Cosmetic Act (FDCA). While the former executives...more

Freiberger Haber LLP

Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too...

Freiberger Haber LLP on

This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more

Holland & Hart - Employers' Lawyers

What Happens When ADA Accommodations Miss the Mark

As an employer, you exhaustingly hear the repeated recommendation to not only have detailed written policies, but to ensure those policies are followed. Company policies generally ensure compliance with laws and regulations,...more

Proskauer - Regulatory & Compliance

The SEC’s New Corporate Buy-Back Rules Have Been Formally Vacated By the U.S. 5th Circuit Court of Appeals: Issuers May Suspend...

On December 19, 2023, the Fifth Circuit formally vacated the SEC’s buy-back disclosure rules. While it is unclear what, if any, action the SEC may take in response to this definitive ruling, the realistic options appear to be...more

Proskauer - California Employment Law

The Case for a PAGA Adequacy Requirement

In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA...more

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