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Daily Business Review

Miami-Dade Jury Awards $8.3M to Perry Ellis in Breach-of-Contract Litigation

"I don't think we've reached the point as a bar where discovery is really operating the way it's supposed to," said the prevailing party's attorney concerning the case.
4 minute read

Legaltech News

Settlers of Token: How to Draft Settlement Agreements When the Payment Is in Cryptocurrency

Entering into a settlement agreement where one party makes a payment denominated in cryptocurrency raises a host of questions that a careful lawyer must evaluate.
8 minute read

Daily Business Review

First-of-Its-Kind Civil Computer Fraud Act Case Lands in Favor of Ryanair

"I think Judge Bryson's decisions are going to be an important roadmap for how you can and can not use the Computer Fraud and Abuse Act," said Ryanair's Chicago-based Holland & Knight attorney R. David Donoghue.
6 minute read

New York Law Journal

Applying Merger Doctrine to Contracts for Sale of Real Estate

In their Transactional Real Estate column, Peter Fisch and Sal Gogliormella discuss the merger by deed doctrine including how New York courts apply it compared to other states.
9 minute read

Law.com

Massachusetts High Court Resolves Definition of 'Surface Waters' in Insurance Dispute Over Flooding Damage

"In sum, we conclude that it is ambiguous whether rainwater accumulation on roofs constitutes 'surface waters' within the meaning of the policies," Associate Justice Scott L. Kafker wrote for the Massachusetts Supreme Judicial Court. "Our conclusion that this language is ambiguous is confirmed by the inconsistency in the case law, which flows naturally from this ambiguity. As we must read any such ambiguity in the policies in favor of the policy holder, we do so in the instant case."
5 minute read

New York Law Journal

'I Affirm. I Swear.' The Pandemic Has Transformed NY's Notarization Requirements—Or Has It?

Although the pandemic is, relatively speaking, in our rearview mirror, its influence over the law remains ever-present. With that backdrop, Harriet Newman Cohen took a look at changes in the New York notarial laws and their reach in the field of family law.
13 minute read

Law.com

Things Could Get Confusing After Dueling Rulings on Noncompetes

"Come September, if this situation persists, there will be garden-variety, noncompete employment cases in courts across the country where defendants, whether employees switching companies or companies hiring employees in the face of noncompetes from their prior job, will likely assert that the FTC is a defense to the enforcement of a noncompete," attorney John Siegal said.
6 minute read

The Recorder

Golden Gate University Law School Impending Closure: Upcoming Hearing to Determine Injunction Request as Students Prepare to Transfer

"The students are like, 'we're one month away, what's the plan?'" said Ryan Griffith, lead attorney and adjunct professor at Golden Gate University Law School. "I've been trying to get answers formally for months, and that's why we did this litigation."
6 minute read

New York Law Journal

The Art of Drafting Enforceable Prenups

Even though it is very difficult to set aside a New York prenup, it is not impossible.
8 minute read

The Legal Intelligencer

Federal Judge Finds Independent Contractor's Counterclaims Not Barred by Jury Waiver Provision

"Absent clear language and considering the presumption against waiver, we are reluctant to extend a jury waiver provision to a separate document that could have easily included its own waiver provision," said U.S. District Judge John F. Murphy of the Eastern District of Pennsylvania.
5 minute read

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