By Jason Morris | March 13, 2020
The U.S. District Court for the Eastern District of California deftly articulated employers' dilemma: "continue to utilize arbitration agreements and risk criminal and civil sanctions or avoid arbitration agreements for fear of non-compliance with a statute that is likely preempted" under the supremacy clause of the U.S. Constitution.
By Alex Smith | March 12, 2020
While the Ninth Circuit's decision reflects a welcome concern about the use of pre-certification discovery to identify potential clients, it further exacerbates the stark contrasts between class action practice in California state courts and California federal courts.
By Mary-Christine Sungaila, William Feldman and Marco A. Pulido | March 11, 2020
Last week, the U.S. Supreme Court declined to review the U.S. Court of Appeals for the Second Circuit's decision in Zuckerman v. Metropolitan Museum of Art, which held that the equitable doctrine of laches barred a claim to recover a Holocaust-era artwork, even though that claim was brought within the six-year statute of limitations that Congress enacted through the Holocaust Expropriated Art Recovery (HEAR) Act.
By Steve Werth | March 11, 2020
To a layperson, the idea that a debtor can assert a cause of action against a company who supplied goods or services to a debtor before the bankruptcy case, whom the debtor then paid, seems preposterous.
By Charles Kagay | March 10, 2020
For every claim or defense there is usually some type of legal rejoinder. But it's important to keep an eye on the rules of appellate procedure if you want to keep the momentum going in your favor.
By Julie Q. Brush | March 10, 2020
In this new and rapidly changing world, only the evolved survive. And evolution is a constant process of change. It doesn't stop with a title or company size or big book of business. It never stops.
By Perrie Weiner, Aaron Goodman, Ben Turner and Kirby Hsu | March 5, 2020
If the Justices' questioning can be any guide to the Court's forthcoming decision, to the extent disgorgement survives as a remedy available to the SEC, it will likely be severely curtailed.
By Lauren Piccolo-Ingram and Vanessa Torres | March 4, 2020
As the adage goes, 80% of business comes from just 20% of clients. Therefore, time spent thinking about and planning how to grow business with a small selection of critical clients is time well spent
By Shari Klevens and Alanna Clair | March 3, 2020
Even when attorneys carefully consider the facts and applicable law, in many cases there still remains a likelihood of an outlier result, especially when a jury is involved.
By John Berry and Elaine Goldenberg | February 28, 2020
While the SEC's civil-penalty remedy is firmly grounded in the statutes, the disgorgement remedy at the heart of the case up for argument on March 3 has a far murkier basis.
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