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Cause of Action Accrual

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

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In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Vondran Legal

G&G Closed Circuit Events litigation overview

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Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments.  There are several...more

Goldberg Segalla

Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

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Jurisdiction: Supreme Court of New York, New York County - This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint...more

DarrowEverett LLP

Survival Periods and Delaware’s Statute of Limitations in M&A

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Delaware is well known as a favored jurisdiction for mergers and acquisition deals, and for good reason — the jurisdiction’s business-friendly legal environment offers numerous efficiencies and predictability. Attorneys and...more

Fleurinord Law PLLC

The Tragic Death of Migos Rapper Takeoff: A Wake-Up Call for Young Adults to Plan Their Estates

Fleurinord Law PLLC on

The untimely death of rapper Takeoff, a member of the Grammy-nominated hip-hop trio Migos—also consisting of rappers Quavo and Offset—left fans, family, and the music industry in shock. Born Kirshnik Khari Ball, Takeoff’s...more

Freiberger Haber LLP

Intent is Important in Determining Third-Party Beneficiary Status

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“A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party to the contract.” The concept of a third-party beneficiary stems from the...more

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

McDonnell Boehnen Hulbert & Berghoff LLP

The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more

Pillsbury Winthrop Shaw Pittman LLP

Subsidence from Geothermal Operations: Navigating the Regulatory Landscape and Potential Claims

The subsidence risk in geothermal projects needs to be effectively managed by careful review of site conditions and legal and permitting precedents. Production of geothermal fluids can lead to subsidence of the land...more

Wiley Rein LLP

Supreme Court Decides That Parties May Facially Challenge Regulations – No Matter How Old – Within Six Years of Injury

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Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the...more

ArentFox Schiff

The Impact of the FTC’s Noncompete Rule on Current and Future Noncompete Litigation

ArentFox Schiff on

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more

Foley & Lardner LLP

US District Court in Puerto Rico Rejects Distributor’s Efforts to Hold Wholesalers Liable for a Terminated Agreement Under Puerto...

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Share on Twitter Print Share by Email Share Back to top In Meta Med, LLC, et al., v. Insulet Corporation, et al., Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a medical...more

Fox Rothschild LLP

NJ Division on Civil Rights Proposes Rule Clarifying Disparate Impact Discrimination

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The New Jersey Division on Civil Rights (DCR) recently issued a proposed rule which, if adopted, would codify and set forth the legal standard required in disparate impact claims brought under the New Jersey Law Against...more

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Proskauer - New Media & Technology

The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers...more

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

Resource Conservation and Recovery Act/Mandamus: Federal Court Addresses Request for U.S. Department of Justice Enforcement

A United States District (Connecticut) (“Court”) addressed in an April 28th Order an issue involving enforcement of the Resource Conservation and Recovery Act (“RCRA”). See Zeil v. U.S. Department of Justice, 2024 WL 1330812....more

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Seyfarth Shaw LLP

Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?

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The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more

Pierce Atwood LLP

Maine Law Court Upholds Sanctions Against Pro Se Litigant in Foreclosure Cases

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Pro se litigant Von Scott filed a complaint against Federal National Mortgage Association (FNMA) in the Superior Court, seeking to void a foreclosure judgment entered in FNMA’s favor and to set aside the subsequent sale of...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Carlton Fields

Supreme Court Clarifies That No Private Cause of Action Exists Under Rule 10b-5 for Pure Omissions, Only Uncorrected Half-Truths

Carlton Fields on

On April 12, 2024, the U.S. Supreme Court issued its opinion in Macquarie Infrastructure Corp. v. Moab Partners, L.P., resolving a circuit split among the Second, Third, and Ninth Circuits over whether plaintiffs could pursue...more

Adams and Reese LLP

ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

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Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS...more

Stikeman Elliott LLP

Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

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In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more

Stikeman Elliott LLP

Pleading Breaches of Fiduciary Duties in Class Proceedings: Court of Appeal Keeps the Bar Low in Ontario

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In Boal v International Capital Management Inc.(“Boal”), the Ontario Court of Appeal (the “Court”) considered the pleading requirements for certification of a breach of fiduciary duty cause of action. In holding that it was...more

Goldberg Segalla

A Review of 2023 Efforts to Broaden Wrongful Death Acts

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Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts.  In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.”...more

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