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Law.com

Eighth Circuit Flips Invalidation of Engagement-Letter Arbitration Clause

it was not until October 2019 that the Eighth Circuit analyzed the unconscionability of an arbitration clause in a retainer agreement between a law firm and its client. The court concluded, without fully addressing the issue of unconscionability, that the law firm cured any potential substantive unconscionability by offering to pay the client's share of the arbitration costs—but left open the possibility that arbitration fees might render an agreement unconscionable in another case.
6 minute read

Daily Business Review

State Officials Appeal in Corrections Dept. Battle Over Prison Shifts

The judge's decision was another setback for the embattled Florida Department of Corrections, which has run yearslong financial deficits, chronically grappled with staffing vacancies and high turnover rates, and struggled to maintain aging facilities.
6 minute read

The Recorder

Planned Parenthood Awarded $2M+ in Case Against Undercover Anti-Abortion Activists

A San Francisco federal jury sided against a group of anti-abortion activists who recorded hidden camera videos meant to discredit Planned Parenthood on all claims asserted. The more than $2 million verdict includes $870,000 in punitive damages.
3 minute read

Litigation Daily

Litigator of the Week: After 10-Year Global Fight, Kirkland's Slade Scores $500M Win for Boeing

Boeing stuck to its guns and was awarded what it was owed, proving the old adage—you can run, but you cannot hide.
14 minute read

Litigation Daily

Daily Dicta: Man Sues Ex-Girlfriend for Breaking up With Him (And Gets Big Law Partner to File the Case)

Suing someone because they don't want to date you anymore is just sad. And nasty. And legally dubious. So what's a Manatt partner doing bringing the complaint?
8 minute read

New York Law Journal

Does Your Client's Business Need an Ownership Agreement?

This article highlights the types of issues that need to be considered in developing an ownership agreement that fits the business and owners at issue.
12 minute read

Delaware Business Court Insider

If It Looks Like a Duck: Chancery Court Knows a Demand When It Sees One

Whether a letter to a board is a "demand" matters under Delaware law because it dictates the standard that applies in stockholder-derivative litigation that may arise out of the issues raised in the letter.
6 minute read

Daily Business Review

Ex-Dezer Real Estate Exec Gets Second Chance at Profit-Sharing Lawsuit

The Third District Court of Appeal allowed a breach-of-guarantee count to move forward in a lawsuit claiming luxury condo builder Dezer Development withheld profits from a former executive.
4 minute read

New York Law Journal

A Primer on Account Stated

A party that receives an invoice and holds it without dispute does so at its peril: Absent an objection within a reasonable time, the recipient can become liable for the entire amount of the invoice based on an account stated. There are, however, limits to this principle that are often overlooked, to the confusion of both litigators and their clients. This article explores those limits.
7 minute read

Daily Report Online

'Not Very Sexy' Title Dispute Ends With $4.5M Check

"I'm more happy about the results for the client," said Bryan Knight of Knight Palmer, who along with Sherri Buda represented RM Kids. "They actually stood up to the insurance company where many people would have bowed out years ago."
4 minute read

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