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Maison Law

Understanding Comparative Negligence in Your California Injury Claim

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There are times when one person is totally at fault in an accident. For instance, imagine a motorist running a red light and crashing into another person's car, a person who hadn't done anything wrong....more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2024

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As we navigate a rapidly evolving business and legal landscape, Seyfarth proudly presents the latest edition of our flagship publication, the 50-State Non-Compete Desktop Reference. Crafted with precision by our nationally...more

Seyfarth Shaw LLP

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

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Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against...more

Schwabe, Williamson & Wyatt PC

Alaska Court Grants Intervenors Entry in Public Lands Rule Case

We have previously discussed the State of Alaska’s challenge to the Bureau of Land Management’s Conservation and Landscape Health Rule, also known as the “Public Lands Rule.” Seeking to defend the rule, which treats...more

Sheppard Mullin Richter & Hampton LLP

No Move to Greener Pastures: Texas Business Court Holds Parties May Not Remove Pre-September 1, 2024 Cases to New Court System

In a significant early ruling, one of Texas’s newly established Business Courts addressed a key procedural question: whether pre-existing cases may be removed to the specialized forum. Judge Bill Whitehill’s October 30, 2024...more

Lewitt Hackman

Beyond the Contract: Non-Signatories to an Arbitration Agreement Can Compel Arbitration

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Departing from the ruling in Soltero v. Precise Distribution earlier this year, the California Court of Appeal in the Second District in Gonzalez v. Nowhere Beverly Hills LLC, created a split of authority regarding an alleged...more

A&O Shearman

Fifth Circuit Limits OFAC Authority Over Certain Cryptocurrency Products

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On November 26, 2024, the Fifth Circuit Court of Appeals held that the United States Office of Foreign Assets Control (“OFAC”) exceeded its authority by adding an entity that pools and anonymizes crypto transactions to OFAC’s...more

A&O Shearman

Delaware Court Of Chancery Holds Stockholder Vote Following Post-Trial Decision Cannot Retroactively Ratify A Transaction That...

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As we previously reported, in January 2024, the Court held in a stockholder derivative suit against the CEO and directors of a sustainable energy and electric vehicle company (the “Company”) that a record-setting $55.8...more

Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Venable LLP

Bad Faith Litigation Exposed: Federal Circuit Affirms Deterrence Sanctions in PS Products v. Panther Trading

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Wrongheaded patent litigation conduct has consequences. Following a recent decision from the Federal Circuit, PS Products Inc. (PSP) and its counsel will be paying over $50,000 in attorney fees and sanctions to Panther...more

A&O Shearman

Northern District Of California Grants Motion To Dismiss Federal Securities Class Action Against Subscription Streaming Services...

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On November 26, 2024, Judge Jon S. Tigar of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities fraud class action against a subscription streaming...more

A&O Shearman

Middle District Of Florida Denies Motion To Dismiss Federal Securities Action Against Retailer Holding Plaintiff Adequately...

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On December 4, 2024, Judge John L. Badalamenti of the United States District Court for the Middle District of Florida denied a motion to dismiss a putative securities fraud action against a retail company (the “Company”), its...more

A&O Shearman

Game Developers Win Class Certification In Valve Antitrust Case

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Defendant, the largest video game distributor in the world, started out developing its own games, but now leaves this task to others and, instead, sells and distributes those games to end users through its Steam platform...more

A&O Shearman

Cryptocurrency and novation by conduct: always in your Coincorner

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The English High Court recently confirmed that the novation of customer contracts in connection with the sale of a cryptocurrency exchange business could be inferred even when customers did not provide their explicit consent....more

Schwabe, Williamson & Wyatt PC

A More Modest Procedure? — The Supreme Court Considers Limiting the Scope of ‎‎“Reasonably Foreseeable” Impacts in NEPA Analysis

Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado et al. ‎ On Tuesday, December 10, the Supreme Court heard arguments in a case that could redefine what constitutes a “reasonably foreseeable”...more

Blake, Cassels & Graydon LLP

With Strings Attached? Alberta Court of Appeal Issues New Guidance About Whether Non-Parties to a Contract Can Be Compelled to...

In a recent decision, Husky Oil Operations Limited v. Technip Stone & Webster Process Technology Inc., the Alberta Court of Appeal provided guidance about whether a non-party to a contract can be bound to arbitrate disputes...more

Sherman & Howard L.L.C.

NLRB Judges Subject to Removal by NLRB at Will

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In VHS Acquisition Subsidiary No. 7 v. NLRB, the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) may remove its administrative law judges (ALJ) for any reason. The case...more

Dorsey & Whitney LLP

The Supreme Court Update - December 10, 2024

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The Supreme Court of the United States issued one decision today: Bouarfa v. Mayorkas, No. 23-583: This case addresses the availability of federal court jurisdiction to review the Secretary of Homeland Security’s...more

Stark & Stark

New Jersey Cannabis Law Does Not Imply a Private Right of Action for Job Applicants Who are Denied Employment Due to Cannabis Use

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On December 9, 2024, the United District Court of Appeals for the Third Circuit issued an important decision whether New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”)...more

Rivkin Radler LLP

CTA Update: U.S. Government Appeals Injunction & FinCEN Issues Guidance

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Amid the ongoing legal battle over the Corporate Transparency Act (the “CTA”), updates continue to roll in. On December 5, 2024, the U.S. government filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit...more

Allen Matkins

Is A DAO A General Partnership, Unincorporated Association, Or Nothing At All?

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According to the Securities and Exchange Commission, a DAO is a "term used to describe a 'virtual' organization embodied in computer code and executed on a distributed ledger or blockchain".  That does not answer the...more

Fox Rothschild LLP

Government Appeals Nationwide Halt of CTA Enforcement

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The U.S. Department of Justice (DOJ) announced that it is appealing the nationwide injunction issued by a federal judge in Texas that halted enforcement of the Corporate Transparency Act (CTA) just a few weeks before the...more

Pierce Atwood LLP

Litigants Beware: Unjust Enrichment v. Quantum Meruit

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The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance...more

ArentFox Schiff

Canadian News Outlets Seek What Could Amount to Billions From OpenAI in New Copyright Infringement Case

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OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media...more

Bracewell LLP

Vineyard Wind 1 Prevails Again in the First Circuit

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The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated...more

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