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Reversal Enforcement

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

Freiberger Haber LLP on

By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...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

Wiley Rein LLP

California Appeals Court Allows Immediate Enforcement of CPRA Regulations

Wiley Rein LLP on

On February 9, 2024, a California appellate court reversed a state trial court decision that delayed enforcement of California Privacy Rights Act (CPRA) regulations by one year. The CPRA—an approved ballot initiative that...more

Proskauer - Minding Your Business

Ninth Circuit Holds Clause Delegating Authority to Decide Arbitrability Is Valid Even If Broader Arbitration Agreement Is Not

Parties to an arbitration agreement sometimes choose to include a delegation clause, which is a provision that delegates to the arbitrator—rather than a court—gateway questions of arbitrability, such as whether the agreement...more

Buchalter

Supreme Court’s Remand of FDIC Enforcement Action: Any Larger Impact on Agency Deference?

Buchalter on

While we wait for the U.S. Supreme Court to decide the fate of the Chevron doctrine governing courts’ deference to agencies’ interpretations of law, its recent decision in another case has flown under the radar. In Calcutt,...more

McDermott Will & Emery

Don’t Throw in the Towel: Retroactive Copyright Protects Fight Live Stream

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit reversed a district court’s summary judgment of noninfringement in a copyright dispute, finding that the transfer of ownership prior to the display of the copyrighted work...more

Perkins Coie

What to Expect From the Biden FCC

Perkins Coie on

What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,”...more

Holland & Knight LLP

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

Holland & Knight LLP on

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all...more

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