On December 31, 2024, the United States Court of Appeals for the Fifth Circuit and the New York Appellate Division, First Department, both issued decisions...

A U.S. Bankruptcy Court has ruled that participants in Serta Simmons' 2020 uptier transaction breached their credit agreement's pro rata sharing provision by receiving new first-lien second-out debt without...

Kansas City, Missouri joined the growing list of cities with salary history bans, aligning with a national trend that continues to gain momentum. On May 23, 2019, the city council

The Supreme Court’s unanimous decision today in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co. (No. 05-381) concerns conduct known as "predatory bidding" — deliberately bidding up the price of inputs in order to prevent competitors from procuring sufficient supplies to manufacture finished products.

The U.S. Patent and Trademark Office (USPTO) continues to deny registration to many slogans, rhyming word combinations, double entendres, incongruous word combinations and alliterative expressions on descriptiveness grounds. In many instances, such rejections are unwarranted. However, the USPTO Examining Attorneys will not advise applicants of the ways in which such refusals of registration may be overcome.

Can a secured creditor decide not to participate in a bankruptcy proceeding and thereby avoid any impact the bankruptcy may have on its lien?

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer's ability to make hiring decisions based on an individual's criminal history...

In Assurance Data, Inc. v. John Malyevac, No. 121989, the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete, reversing the court’s dismissal of the employer’s complaint and remanding the case to the trial court

Alleging an insurer was "dilatory, deficient, and pre-textual" in its handling of a claim is not enough to state a claim for bad faith, explained the Northern District of Texas.

5 civil appeal cases from December, 2012.

A cursory audit can identify the main assets, glaring gaps in the portfolio and risks and forms a base of information.

This month's netletter features appeals involving the nature of a gift given as part of dowry, a bank's knowing assistance in a breach of trust, the interaction between correcting a misnomer and limitation periods, an insurer's duty to defend and the first case in Ontario in which aggregate damages have been awarded in a class action.

Top 5 Civil Appeals from the Court of Appeal (April 2013)

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates.

Information is everywhere, especially in the workplace. But traditional means of securing and sharing data—which typically involve accessing password protected information from various sources—is inefficient, cumbersome, and risky.

The filing of a new discrimination lawsuit by the EEOC answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of screening job...

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration's (OSHA) use of the "General Duty Clause."

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014.

House and Senate appropriations committees begin deliberations on state budget. Last week, House and Senate appropriations committees began finalizing their initial budget reduction proposals.