Arbitration is an underutilized tool in Arizona family law cases. Put simply, arbitration is a dispute resolution process where an agreed-upon third party—the arbitrator—resolves a family law dispute outside of a traditional...more
A recent decision of the Illinois Motor Vehicle Board (the “Board”) reinforces why auto manufacturers need to ensure they have a proactive process in place to address the timely renewal of expiring dealer agreements. Based on...more
Soleimani v. Hakkak, C.A. No. 2023-0948-LWW (Del. Ch. Apr. 12, 2024) - The defendants attempted to remove a manager-employee of several limited liability companies. The manager filed suit, and the parties moved for summary...more
On May 13, 2024, the New Jersey Supreme Court in Kennedy, II v. Weichert Co., (A-48/49-22) (No. 087975), N.J. (slip op.) held real estate salespersons to be independent contractors under certain circumstances. Specifically,...more
After years of painful setbacks, Jocelyn and Joshua successfully produced three viable pre-embryos (fertilized eggs not yet implanted in the womb) through in vitro fertilization (IVF)....more
On May 13, 2024, the New Jersey Supreme Court issued its decision in a class action lawsuit known as James Kennedy, II v. Weichert Co., conclusively finding that for the purpose of determining whether a real estate...more
Before terminating a marriage, many married couples elect to physically separate. In this context, physical separation often includes moving out of a shared residence, winding up joint bank and debt accounts, and deciding how...more
The UK Financial Conduct Authority (FCA) is planning to lift its ban on asset managers making joint or ‘bundled’ payments to broker-dealers for third-party investment research and execution services. The change is being...more
The New York State 2024-2025 budget includes legislation that extends until July 1, 2026 the independent practice authority for certain qualified nurse practitioners with over 3,600 practice hours....more
In Bulk Transp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563, 2024 WL 1230236 (7th Cir. Mar. 22, 2024), the Seventh Circuit held that the contributions used to calculate an employer’s withdrawal liability may include...more
The U.S. Department of Labor’s new rules on determining whether a worker is an independent contractor or an employee went into effect March 11, 2024. The changes reflect the current political climate strongly favoring...more
Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more
Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die...more
Jersey companies are widely used for setting up joint ventures, particularly in a private equity context – further information on why Jersey entities are popular for private equity structures can be found here . It is a...more
While the U.S. Congress may be retarded in its lawmaking responsibilities, the States of Tennessee and Utah recently passed legislation affecting charitable sales promotions as follows: Tennessee: Amended its...more
Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...more
Frontier Drilling, LLC v. XTO Energy, Inc. has the indicia of an inequitable result, but as I remind my wife every time she objects to what she deems to be an outrageous jury verdict, we don’t know all the facts and the...more
It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate. “Indeed, when a party resisting arbitration is not a signatory to an arbitration...more
A.R.S. 12-341.01 TEXT OF THE LAW - A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more
A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of contract must show (1) the existence of a contract; (2) the...more
On January 12, 2024, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al. The Court’s review should resolve a split in the U.S. Circuit Courts of Appeal as to whether, when presented...more
On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more
According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices...more
On January 1, 2024, the Uniform Family Law Arbitration Act (UFLAA) goes into effect in Washington State. The UFLAA is a new law that will allow many family law issues to be resolved in an out-of-court arbitration process...more
Businesses in New York will soon need to provide written agreements to many "freelancers" under a new law recently signed by Governor Kathy Hochul. The "Freelance Isn't Free Act," which will become effective on May 20, 2024,...more