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Supreme Court Decides Tandon v. Newsom

On April 9, 2021, the Supreme Court held in Tandon v. Newsom that California’s limitations on religious gatherings in homes likely violate the Free Exercise Clause of the First Amendment. The Court therefore enjoined...more

Can a Trustee Prosecute Fraudulent Transfer and Tortious Interference Claims if No Event of Default Has Occurred?

Can a Trustee prosecute fraudulent transfer and tortious interference claims if no event of default on the notes it oversees has yet occurred? This was the question of first impression (at least in New York) recently...more

When Are Default-Rate Duties Triggered? The Tenth Circuit Provides Insight

The concept of default-rate interest — interest that accrues on a debt at a higher-than-normal rate if the debtor defaults on terms of the underlying financial instrument — is well known. Default-rate duties, however, may be...more

Franchisor Best Practices for COVID-19 (Updated #2)

A Message Regarding Racial Inequality: Faegre Drinker is deeply affected by the disturbing and terrible events surrounding the senseless deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and Rayshard Brooks. While these...more

New York Court Finds Champerty Defense Waived if not Timely Raised

For many, the term “champerty” might be more readily associated with Monty Python whimsy than sophisticated legal argument. And while champerty is in fact an “ancient legal doctrine” that finds its genesis in medieval...more

Supreme Court Decides Tennessee Wine and Spirits Retailers Association v. Thomas

On June 26, 2019, the Supreme Court decided Tennessee Wine and Spirits Retailers Association v. Thomas, No. 18–96, holding that Tennessee’s two-year residency requirement for individuals and businesses seeking to obtain...more

Supreme Court Decides Food Marketing Institute v. Argus Leader Media

On June 24, 2019, the Supreme Court decided Food Marketing Institute v. Argus Leader Media, No. 18–481, holding that commercial or financial information that is customarily and actually treated as private by its owner and...more

Supreme Court Decides Azar v. Allina Health Services

On June 3, 2019, the Supreme Court decided Azar v. Allina Health Services, No. 17–1484, holding that the Department of Health and Human Services failed to follow required notice-and-comment procedures when it decided to count...more

Supreme Court Decides Mission Product Holdings, Inc. v. Tempnology, LLC

On May 20, 2019, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17–1657, holding that a bankruptcy debtor’s rejection of an executory trademark license under § 365 of the Bankruptcy Court...more

Supreme Court Decides Cochise Consultancy, Inc. v. United States ex rel. Hunt

On May 13, 2019, the Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315, holding that the limitations period in 31 U.S.C. § 3731(b)(2) applies to False Claims Act (FCA) lawsuits in which...more

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