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Know What You Don’t Know: What Are the Top Legal Issues Nonprofits and Associations Are Thinking Through Right Now?

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through....more

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Free Speech & Governance Policies: On (and Off) Campus

Good nonprofit governance is challenging. It involves crafting and implementing smart policies that can be clearly communicated and anticipate future problems. This is easier said than done, especially with unpaid boards and,...more

New York Gov. Kathy Hochul Vetoes Proposed Ban on Non-Competes

New York’s potential ban of non-competition agreements was curtailed by Governor Kathy Hochul. In June 2023, the state legislature passed a bill calling for a broad prohibition on non-competes. But in December 2023, the...more

Shaping the Future of Higher Education: R2D2 or HAL 9000

For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users,...more

Emphasizing Efficiency, Supreme Court Requires District Courts To Stay Proceedings During Interlocutory Appeal on Arbitrability

In a 5-4 decision, the US Supreme Court sided with defendants seeking to compel arbitration of claims filed against them in federal court. Announcing a new rule, the Court in Coinbase v. Bielski held that when a district...more

New York’s Potential Ban on Non-Compete Agreements: What You Need to Know

New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee non-compete agreements....more

An Educated Guess: Anti-DEI Legislation Raises Legal and Practical Concerns for Colleges and Universities

On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state. Florida’s legislation is among a...more

Harvard, Like Many Students, Misses Application Deadline, Resulting in a $15 million Insurance Coverage Error

Harvard University must pay its own defense costs in the ongoing legal challenges to its affirmative action program after losing a battle with its insurance carrier, Zurich American Insurance Company (Zurich)....more

Ninth Circuit Finds Hydroponically Grown Crops Can Be "Organic" as Advocated by ArentFox Schiff

Hydroponic production has become increasingly popular in American agriculture. Historically, fruits and vegetables had been grown exclusively on traditional soil-based farms. Hydroponics, by contrast, are typically grown in...more

10/3/2022  /  Agribusiness , Appeals , Crops , Farms , Food Labeling , NGOs , Organic , USDA

Supreme Court Sharply Limits Federal District Courts’ Authority to Order Discovery in International Arbitration Proceedings

Under 28 U.S.C. §1782, parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question...more

The US Supreme Court Limits Federal Courts’ Jurisdiction To Confirm or Vacate Domestic Arbitral Awards Under Sections 9 and 10 of...

The US Supreme Court has limited the jurisdiction of federal courts to hear motions to vacate or confirm domestic arbitral awards. In Badgerow v. Walters, the Court considered whether the Federal Arbitration Act (FAA) creates...more

Supreme Court Declines To Revisit Enforcement of Arbitration Clause by Foreign Insurer

Foreign insurers can feel more confident in their ability to enforce international arbitration clauses in American courts. Last month, the US Supreme Court declined to reverse a decision of the US Court of Appeals for the...more

New Developments in COVID-19 Litigation for New York City Landlords: Saving Grace or Hail Mary?

Since the COVID-19 pandemic began, real estate owners and tenants have faced unprecedented day-to-day operational challenges from the loss of business and income. Two new real estate lawsuits seek to address these...more

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