Bar Exam Toolbox Podcast Episode 274: Listen and Learn -- UCC Expectation Damages (Contracts)
Viaje al Pasado Legal: Una Reclamación en Piedra
Bar Exam Toolbox Podcast Episode 213: Listen and Learn -- Material Breach vs. Minor Breach (Contracts)
Law Brief®: Rich Schoenstein and Robert Heim Discuss Musk v. Twitter
4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age
It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California
Is There Liability for Terminating Contracts Related to Russia?
Basics of a Healthcare Contract: When Do You Actually Have One and What Happens if It's Breached?
Beyond Regulations: Hospice Business Contracts and Contract Disputes
Podcast - The Briefing from the IP Law Blog: Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
The Briefing from the IP Law Blog: Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
Monthly Minute | Global Supply Chain Issues
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Bar Exam Toolbox Podcast Episode 119: Listen and Learn -- Anticipatory Repudiation (Contracts)
Bar Exam Toolbox Podcast Episode 95: Listen and Learn -- Promissory Estoppel
Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction
AF COVID-19 Podcast: Mediation & Force Majeure
Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?
Law School Toolbox Podcast Episode 245: Listen and Learn -- Promissory Estoppel
K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care Resident Agreements
Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more
Less than two months after the Delaware Supreme Court provided the employers, investment partners and other business leaders that trust in the stability of Delaware law to protect their critical business interests with the...more
Recently, a Texas federal court denied the defendants' motion to dismiss in a lawsuit featuring allegations that an employer's 401(k) plan, which allegedly relied on ESG principles when making investments, violated ERISA. ...more
Stemming a tide of Delaware decisions closely scrutinizing and refusing to enforce non-compete agreements, Delaware’s Supreme Court held that forfeiture-for-competition provisions arising out of a Delaware limited partnership...more
As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more
Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more
Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more
A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more
In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more
In North Carolina, a loan agreement can require a borrower to pay attorneys' fees upon default to reimburse the lender for collection expenses....more
Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque...more
As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court cases in recent years have addressed whether these businesses can utilize the federal courts to vindicate their...more
This top ten list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision either meaningfully changed...more
It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...more
Following up on our April 27, 2022 post, Data Scraping Deemed Legal in Certain Circumstances, the most significant data scraping lawsuit has finally come to an end. After six years of litigation, LinkedIn Corp. and hiQ Labs,...more
UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more
When it comes to protecting their interests – or the interests of the corporation – shareholders have unique rights to take legal action. They can file suit either on behalf of the corporation itself, known as a derivative...more
Cases don’t try very often. Doubly so in trade secret/non-compete litigation. So many of these disputes get resolved at the injunctive relief phase of the proceeding that, when one goes the distance, it is almost always worth...more
The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more
Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more
A federal court permitted a company to bring claims of non-disparagement and defamation against a former employee after he authored a book on workplace bullying—even though the book didn’t name the employer....more
The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more
As we pass the midpoint of 2022 and the world expresses a collective sigh of relief that the worst of the COVID-19 pandemic seems to be behind us, a perfect storm of extraordinary factors is creating conditions for financial...more
A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions. The decision in Amherst...more
On April 18, 2022, the Fourth Circuit Court of Appeals reviewed an insured’s claim against its own property insurer for violation of the North Carolina’s Unfair and Deceptive Trade Practices Act (“UDTPA”) in a rare published...more