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Remedies

Holland & Knight LLP

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

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California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements...more

Winstead PC

Presentation: Fiduciaryize Your Case

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David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course in Frisco, Texas, on July 11, 2024. This presentation covered what a fiduciary relationship means, the...more

BCLP

Courts at the Forefront of Innovation - Creating New Options for Service and Enforcement in Digital Asset Fraud Cases

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Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years....more

Butler Snow LLP

Leveraging the UCC for Sellers

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For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

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The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

Strafford

[Webinar] Litigating Parental Alienation Claims: Strategies, Investigation, Obtaining Evidence, Role of Experts, Intervention -...

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This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...more

Fish & Richardson

Ex Parte Seizures Under the DTSA: A Drastic Trade Secret Remedy

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Here, we look at the Defend Trade Secrets Act (DTSA)’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy — an ex parte seizure of the defendant’s property....more

Husch Blackwell LLP

Consequential? – Fifth Circuit Decision Vacates NLRB Order but Leaves Open Key Remedy Question

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On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132,  (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer...more

BakerHostetler

Not So Fast: Fifth Circuit Partially Reverses the NLRB’s Thryv Decision

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In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more

Jackson Lewis P.C.

Minnesota’s Latest Legislative Session Update

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Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay...more

Health Care Compliance Association (HCCA)

An inside view of HIPAA enforcement

While many healthcare providers are generally aware of their obligations under HIPAA, most do not have a clear sense of what happens if they fail to meet these obligations. At best, most probably are familiar with headlines...more

Schwabe, Williamson & Wyatt PC

Overview of Boundary Line Disputes

What do you do when you learn the old fence that you and your neighbor thought was the correct boundary turns out to be wrong … or when you discover your house or garage has been constructed on your neighbor’s property? Such...more

A&O Shearman

U.K. antitrust regime revamp

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The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules....more

Tucker Arensberg, P.C.

The Implied Warranty of Habitability: What Landlords Need to Know

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The common law doctrine of the Implied Warranty of Habitability (the “Warranty”) requires a landlord to provide tenants with a habitable dwelling free and clear of defects. While a landlord need not provide a seamless or...more

BakerHostetler

SEC Enforcement Director Grewal Doubles Down on Encouraging Self-Reporting

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In a recent interview with Law360, Securities and Exchange Commission (SEC) Enforcement Director Gurbir Grewal reiterated the agency’s commitment to the encouragement of voluntary self-reporting, going as far as to say that...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe - Part IV China, Japan, Belgium, The Netherlands, And England And...

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Reforms Phase 2 Merger Review Process

On 25 April 2024, the UK Competition and Markets Authority (CMA) announced reforms to its in-depth merger control review process (the Phase 2 review). The updates include: - An expanded de minimis exception. The CMA will...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

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There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

Lowenstein Sandler LLP

Right of Publicity Laws: New Jersey

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A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity...more

Farrell Fritz, P.C.

Termination, Adequate Alternative Remedies Sends Dissolution Proceeding Packing

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There are plenty of advantages to practicing business divorce litigation in New York.  The diversity of businesses and clients, complexity of agreements and transactions, and excellence of judges and attorneys make New York,...more

Axinn, Veltrop & Harkrider LLP

Even Arbitrations Are Not Safe from the Prejudgment Remedy

We previously wrote about the surprising power of the Connecticut Prejudgment Remedy (PJR) statute, which allows litigants to seek an order to attach or garnish property from another party in cases where there is probable...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Latham & Watkins LLP

The ELVIS Act: Tennessee Shakes Up Its Right of Publicity Law and Takes On Generative AI

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A new Tennessee law seeks to impose liability on generative AI companies and internet platforms related to unauthorized use of a person’s voice or likeness. On March 21, 2024, Tennessee enacted the Ensuring Likeness,...more

Jaburg Wilk

The Supreme Court Further Limits Recoverable Damages in Disability Discrimination Cases

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Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more

Axinn, Veltrop & Harkrider LLP

No Damages, No Injunction . . . and No Opposition?

The Federal Circuit will hear oral argument on March 5, 2024, in In re: California Expanded Metal Products, Co., No. 23-1140, a case that presents two intriguing issues regarding patent remedies. The first issue is the...more

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