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  • Article

    Passive ISP Not Liable for Posting of Copyrighted Material by Subscriber

    Addressing the issue of an internet service provider’s liability for copyright infringement of materials posted on its website, the U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s grant of summery judgment in favor of the ISP where it posted the infringing materials at the direction of a customer.
    United StatesMedia, Telecoms, IT, Entertainment
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Judicial Privacy And Deliberations Protected By Massachusetts High Court Decision

    In a case that has received wide attention, the Massachusetts Supreme Judicial Court has issued a decision barring ethics investigators from asking a Masaschusetts judge how he reached individual decisions during his 21 years on the bench.
    United StatesPrivacy
Foley Hoag LLP
Foley Hoag LLP
  • Article

    General Municipal Law § 239-m: Developers Beware

    New York's General Municipal Law § 239-m requires municipal boards to refer certain planning and zoning actions to county planning boards before approval. What happens when a multi-million-dollar development project moves forward without this crucial referral, and can the damage be undone?
    United StatesReal Estate and Construction
    Farrell Fritz
    Farrell Fritz
  • Article

    Recent Court Decisions Highlight Zoning Enforcement Challenges

    The Eleventh Judicial Circuit Court, sitting in its appellate capacity, recently found in two similar cases that Miami-Dade County violated property owners' due process rights...
    United StatesReal Estate and Construction
    Lowndes
    Lowndes
  • Article

    Victory for Employers in Maternity Leave Litigation

    United StatesAccounting and Audit
    Mayer Brown
    Mayer Brown
  • Article

    Calculation Or Interpretation? Delaware Superior Court Holds Earn-Out Definition Dispute Falls Outside Accountant True-Up Mechanism

    On April 24, 2026, the Complex Commercial Litigation Division of the Delaware Superior Court denied the buyer’s motion to dismiss in Second Run, LLC f/k/a Webata, LLC v. 1WorldSync, Inc., C.A. No. N25C-08-068 KMM...
    United StatesCorporate/Commercial Law
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Courts Examine Two Elements Of The Joint Defense/Common Interest Doctrine: Part I

    Under the joint defense/common interest doctrine, separately represented clients can avoid what otherwise would be a waiver when they and their lawyers share privileged communications in pursuing a common legal strategy.
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    CTA Reversal Reversed! Fifth Circuit Vacates Its Own Stay, Restores District Court's Injunction Of CTA

    The Fifth Circuit has vacated the stay it had granted on Dec. 23, 2024, of the injunction that suspended enforcement of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information (BOI) reporting rule
    United StatesCorporate/Commercial Law
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Fifth Circuit Court Of Appeals Reverses Its Own Stay Of CTA Injunction – CTA Currently NOT In Effect

    On Dec. 26, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the ruling of its own motions panel, and the nationwide injunction enjoining enforcement of the CTA is once again in effect.
    United StatesCorporate/Commercial Law
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    Third Circuit Abandons Bright-Line Stock-Price Test for Materiality

    The Third Circuit Court of Appeals has overturned its longstanding Oran-Burlington rule, fundamentally changing how materiality is assessed in securities fraud cases. This landmark decision eliminates the bright-line test that used stock price movements as a definitive measure of whether alleged misstatements were material to investors.
    United StatesCorporate/Commercial Law
    Jones Day
    Jones Day
  • Article

    2nd Circ. Considers New Trial Request In Yale Retirement Fee Battle

    The U.S. Court of Appeals for the Second Circuit zeroed in on potential defects in jury instructions as it heard oral arguments in an appeal of a class action lawsuit against Yale University...
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    Eleventh Circuit Holds That Administrative Exhaustion Is Not Required For ERISA Statutory Claims

    On October 13, 2026, in Bolton v. Inland Fresh Seafood Corporation of America, Inc., No. 24-10084, the U.S. Court of Appeals for the Eleventh Circuit overturned its longstanding practice of requiring benefit plan participants to exhaust administrative remedies before filing statutory claims under the Employee Retirement Income Security Act (ERISA). Administrative exhaustion requirements compel potential litigants to satisfy any plan-required internal appeals process with the plan sponsor or the plan administrator to resolve a dispute before a suit may be filed in court.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    PAGA Paraphrased – Santana v. Studebaker Health Care Center

    The Second District Court of Appeal reversed a trial court's denial of a motion to compel arbitration in an employment dispute, finding that multiple onboarding documents created a valid arbitration...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    DC Circuit Court of Appeals holds District Court has Initial Jurisdiction over PURPA Dispute

    On May 17, 2005, the Court of Appeals for the District of Columbia Circuit denied a petition for review of Federal Energy Regulatory Commission (FERC) orders stating that renewable energy credits, or RECs, are not inherently conveyed to utilities purchasing power from qualifying facilities under the Public Utility Regulatory Policies Act (PURPA). The Court held it had no jurisdiction over the dispute over entitlement to RECs under contracts entered into pursuant to PURPA, and that it must first
    United StatesEnergy and Natural Resources
    Morrison Foerster
    Morrison Foerster
  • Article

    Emergency Abortion Rights Temporarily Restored In Idaho By Supreme Court

    On June 27th, the Supreme Court issued a ruling that allows Idaho hospitals to provide emergency abortions in the event of medical emergencies.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Shipman & Goodwin LLP
    Shipman & Goodwin LLP
  • Article

    Federal Circuit En Banc Rehearing Likely To Clarify Method For Claim Construction

    In what may lead to a clarifying opinion regarding patent claim construction, the U.S. Court of Appeals for the Federal Circuit agreed to rehear, <I>en banc</I>, an appeal previously decided by a three-judge panel.
    United StatesGovernment, Public Sector
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Summary Judgment Improper Where Date of Prior Art Publication Is Disputed Issue of Fact

    Reversing a summary judgment of invalidity on the grounds of obviousness, the U.S. Court of Appeals for the Federal Circuit held that a genuine factual dispute existed where specific facts were presented that raised issues of credibility of the declarants relied on to establish the date of a prior art publication.
    United StatesGovernment, Public Sector
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    When Can You Go To Court Before The Texas Agency Process Is Over?

    When a Texas regulator takes a position with serious consequences for a business, the administrative proceeding may not be the only place to challenge it. The Texas Supreme Court's decision in Kensington Title-Nevada v. Texas Department of State Health Services clarified when businesses can bypass the full agency process and take rule disputes directly to court under Section 2001.038 of the Texas Administrative Procedure Act. This option can have significant practical implications for the cost and scope of
    United StatesGovernment, Public Sector
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Change To Local Delaware Rule Governing Deadline For Filing And Service Of Motions

    The United States Bankruptcy Court for the District of Delaware has recently adopted a revised version of the Local Rules of Bankruptcy Practice and Procedure of the Court.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Bankruptcy Court Holds Software Product Sales May Constitute Technology Services “Performed For Others For Compensation”

    The United States Bankruptcy Court for the Western District of Wisconsin, applying Wisconsin law, has held that software development and product sales could constitute technology services “performed for others for compensation” under a technology professional liability policy. In re CivilGEO, Inc., 2026 WL 1283561 (Bankr. W.D. Wis. May 8, 2026).
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Showing 481–500 of 4287 results

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