Podcast - Victories and "Losses" in the Courtroom
The Presumption of Innocence Podcast: Episode 77 - The Shadow Docket: Supreme Court Decisions That Shape America
The Presumption of Innocence Podcast: Episode 75 - Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office
False Claims Act Insights - The Latest on Zafirov and the Future of Qui Tams
Podcast - The Law Is the Law
The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
(Podcast) The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
The Presumption of Innocence Podcast: Episode 72 - Beyond the Headlines: Unpacking a Pivotal Case on Privilege Protections
The Briefing: Studios Beware – The Danger of the Beauty and the Beast Copyright Decision
(Podcast) The Briefing: George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy
The Briefing: George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy
Podcast - Bad Facts Make Bad Law
Solicitors General Insights: The Art of Oral Advocacy With Michigan and New Jersey — Regulatory Oversight Podcast
NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule - #WorkforceWednesday® - Employment Law This Week®
Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar Criminal Defense Law
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick | Texas Appellate Law Podcast
Tips for Persuasive Legal Writing | Luther Munford | Texas Appellate Law Podcast
A recent decision of the U.S. Court of Appeals for the Third Circuit serves as a stark reminder to companies and individuals in the state-legal cannabis industry that the federal illegality of cannabis can jeopardize their...more
The decision in Rose v Manno Kingsway Pty Ltd (2025) 116 NSWLR 598; [2025] NSWCA 23(Bell CJ, Mitchelmore and Adamson JJA) has confirmed that although the advance of consideration chronologically before the execution of a...more
Just a few weeks ago, Frank McRoberts authored a post titled, “The Pick-Your-Partner Principle.” It featured a more-than-decade old case about the dissolution of a real estate partnership and emphasized the fundamental...more
The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding....more
On February 3, 2026, the Delaware Supreme Court, sitting en banc, issued an order in North American Fire Ultimate Holdings, LP v. Alan Doorly, reversing the Court of Chancery’s dismissal of claims to enforce restrictive...more
The practice of deducting post-production costs from landowner royalties continues to be controversial and contentious issue here in Pennsylvania. Many landowners sought to insulate their royalties from such deductions by...more
The U.S. Court of Appeals for the Ninth Circuit recently affirmed an arbitration award despite clear factual error, finding that the factual error was not so critical, obvious, or intentional that it amounted to manifestly...more
The Connecticut Appellate Court held that convenience store operators who dispensed fuel as commissioned agents were not “retailers” under the Connecticut Petroleum Franchise Act (CPFA). Branford Quick Mart, LLC v. Aldin...more
In last week’s judgment in Sahara Energy Resource Limited v. Societe Nationale de Raffinage SA (SONARA) the Court of Appeal overturned the High Court’s surprising ruling that claims labelled “undisputed” in an agreement...more
In a significant development for private equity sponsors and companies using equity-based compensation, the Delaware Supreme Court has issued a decision that directly impacts the enforceability of restrictive covenants tied...more
A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be...more
On November 26, 2025, the New York Appellate Division, Second Department reversed a trial court order denying Plaintiff Citibank, N.A.’s motion for summary judgment for breach of contract, breach of a personal guaranty, and...more
On February 3, 2026, an en banc Delaware Supreme Court issued an order reversing the Court of Chancery’s holding that the exercise of an automatic forfeiture provision in an equity agreement rendered that agreement —...more
For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more
This BLOG has written numerous articles addressing statutes of limitation.[1] Today’s article discusses Mark v. Trimarco, a case decided by the Appellate Division, Second Department, on February 4, 2026, in which the...more
In MBI Oil & Gas, LLC v. Royalty Interests Partnership, LP, the 8th Circuit Court of Appeals, applying North Dakota law, affirmed summary judgement that an oil and gas lease expired at the end of its primary term where the...more
During litigation, it’s easy to focus on the merits without addressing how much you are seeking to recover. Sometimes a party is so focused on fault that they disregard the obligation to prove the extent of damages with...more
A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies....more
The UK Supreme Court has provided important guidance on the interpretation of construction contracts governed by English law, in particular regarding the relevance of asymmetrical clauses and the approach to be taken when...more
The Court of Appeal has considered whether a bank acquiring a portfolio of residential mortgages was obliged to charge borrowers its own standard variable rate or whether it could maintain the separate, higher rate for the...more
A California appellate court affirmed summary judgment for a lender in a breach-of-contract action based on a limitation-of-liability provision in the operative loan agreement....more
On January 20, 2026, the Delaware Supreme Court reversed the Court of Chancery’s decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., holding that the challenged provisions of the stockholder agreement...more
On October 10, 2025, the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of a lawsuit between competing creditors. The case turned on whether Minnesota law allows parties to go beyond the terms of a...more
Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and...more
Over five years ago, Florida’s Third District Court of Appeal issued its decision in IconBrickell Condominium No. Three Association, Inc. v. New Media Consulting, LLC, 310 So. 3d 477 (Fla. 3d DCA 2020), sending shockwaves...more