News & Analysis as of

Good Faith

Fox Rothschild LLP

Large Entity, Small Entity or Micro Entity: Which Type of Patent Applicant Are You?

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When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 60%. Applicants who are micro entities can...more

A&O Shearman

UK FCA Clarifies Expectations On The Consumer Duty

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The UK Financial Conduct Authority (FCA) has published a new webpage about the consumer duty. The webpage explains how the consumer principle is underpinned by three cross-cutting rules requiring firms to act in good faith,...more

Goodell, DeVries, Leech & Dann, LLP

The Ethical Tension Between a Prefiling Investigation and the Statute of Limitations

When first getting involved in a case, all lawyers check on the statute of limitations. On the plaintiff’s side, you put it on the calendar as a filing deadline to ensure a complaint is filed timely. Originally Published...more

Dickinson Wright

Colorado Bankruptcy Court Pushes Back on Chapter 11 Filings by Solvent Debtors

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While Chapter 11 does not require debtor insolvency, it does require good faith (applicable to the petition and the plan), which for solvent debtors seeking to reject and modify lease-counterparty rights, includes...more

Alston & Bird

Maryland Appellate Court Reinforces Board Latitude in M&A Transactions

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On November 25, 2025, the Appellate Court of Maryland issued a landmark decision in Special Situations Fund III QP L.P. v. Travel Centers of America Inc., upholding the dismissal of stockholder challenges to a public company...more

Ward and Smith, P.A.

The Fourth Circuit’s 2025 Bankruptcy Decisions: Section 524(g) Trusts, Jurisdiction over Solvent Debtors, and Good Faith

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The Court decided two landmark opinions on asbestos channeling injunctions and Section 524(g) trusts (Kaiser Gypsum and Bestwall), while all other circuits combined issued only one decision involving a Section 524(g) trust....more

Hogan Lovells

Construction and Engineering Global Review 2025

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Welcome to our Construction and Engineering Global Review 2025. We hope that you find time as the new year begins to review 2025's most important construction and engineering legal and industry highlights from key...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor — December 2025

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: ...more

Morrison & Foerster LLP

UK Litigation: 2025 Recap and 2026 Outlook

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As we head into 2026, resolutions (however realistic) in hand, we look back at the key English court rulings of 2025 and the lessons they offer for businesses and practitioners alike. The past year saw important developments...more

Miles Mediation & Arbitration

The Power of Listening at Mediation

One of my favorite expressions has always been, “we have two ears and one mouth so that we can listen twice as much as we speak.” This adage may be nowhere more important than during a mediation. Ultimately, in a setting...more

Cooley LLP

Diligence Efforts in Life Sciences Transactions

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In complex commercial agreements, parties are often required to use a specified level of “effort” when performing their obligations. But what distinguishes “best efforts,” “commercially reasonable efforts” or “good faith...more

Cadwalader, Wickersham & Taft LLP

Turkey, Takeaways and Tier 1 Rankings November 2025 - You Can’t Always Get What You Want – The UPHA’s Lesson on Good Faith

In Laurelton Estates, LLC v. Prince, the Appellate Division (the “Court”) affirmed the dismissal of a partition action governed by New York’s Uniform Partition of Heirs Property Act (“UPHPA”). Laurelton Estates, LLC, owned a...more

Ervin Cohen & Jessup LLP

California Supreme Court Defines “Reasonable Effort” That is Required for a Good-Faith Defense to a Claim for Unpaid Wages

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The California Supreme Court recently issued an opinion that serves as an important reminder to employers: good intentions regarding compliance with wage laws are not enough to avoid liquidated damages for minimum wage...more

Morgan Lewis

California Supreme Court: ‘Good Faith’ Defense to Minimum Wage Liquidated Damages Must Show Attempt to Understand Law

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The California Supreme Court recently held in Iloff v. LaPaille that an employer seeking to assert the good-faith defense to avoid mandated liquidated damages for failing to pay an employee the minimum wages must show that...more

JAMS

Early Mediation: Is Your Case a Likely Candidate?

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Many cases can benefit from early mediation. Parties often reject the notion of early mediation because they believe they need more information to resolve the dispute. In some cases, more information is necessary. In other...more

Lewitt Hackman

Good Faith Requires Action: The New Standard for Employer Defense

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As defense attorneys, we often encounter matters where an employer’s good-faith mistake gives rise to wage and hour litigation. While ignorance of the law generally provides no defense, a good-faith mistake, historically...more

Davis Wright Tremaine LLP

Minimum Wage Defense Must Show Reasonable Attempt to Follow the Law

When it comes to minimum wage law violations in California, employers should take note that ignorance of the law has been ruled out as a valid good-faith defense to an award of liquidated damages. In Iloff v. LaPaille, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of California Rules Employers Can’t Claim Ignorance on State Wage Violations

On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision...more

Quarles & Brady LLP

Med Spa Compliance Series: Area of Focus – Good Faith Examination

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As individuals across the country become increasingly focused on their health and wellness, the 20-billion-dollar med spa industry continues to grow. Patients are now visiting their med spa more than their primary care...more

Seyfarth Shaw LLP

Minimum Wage Good Faith Defense and Labor Commissioner Appeal Scope

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The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

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I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

Miles Mediation & Arbitration

Expect the Unexpected: A Look at the Two Ingredients of a Successful Mediation

A little over two hours into the mediation and most of the pots and pans had been divided. Even child support, as meager as it was, was agreed upon. The wife was keeping the single-wide mobile home, and the husband got to...more

Constangy, Brooks, Smith & Prophete, LLP

Christian teacher gets jury trial in name, pronoun case

Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more

Brooks Pierce

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

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Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more

Nelson Mullins Riley & Scarborough LLP

Fourth Circuit Affirms Discharge of Debt in Martin v. Parker, Clarifies Embezzlement Standard under Section 523(a)(4)

Background - The case arose from a longstanding family arrangement involving reciprocal wills and a “Post Marital Agreement” between Morton Poindexter and his longtime partner, Peggy Martin. Their Agreement provided that,...more

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