Is the standard 6% commission fee for real estate agents a thing of the past?
7/24/24
By: Mandy D. Hexom and Tim Soefje
You may have heard the news about upcoming changes to real estate commissions throughout the nation. The National Association of Realtors (“NAR”), the largest trade association of more than 1.5 million real estate …
HOA’s mistake paves the way for duty to defend under D&O policy for computer fraud claims
5/7/24
By: Nicholas J. Directo and William A. Hadikusumo
In March 2024, the Southern District Court for California in Bridlewood Estates Prop. Owners Assoc. v. State Farm General Ins. Co., 2024 U.S. Dist. LEXIS 47593 (S.D. Cal. Mar. 18, 2024) …
Within and without: False Claims Act whistleblowers can, and do, come from anywhere
4/22/24
By: Justin J. Boron
False Claims Act (“FCA”) lawsuits typically start with a whistleblower. Where the whistleblower starts is another question.
Historically, whistleblowers under the FCA–which provides private citizens the ability to assert qui tam claims for fraud committed against …
Exclusive access or exclusion? Hermès faces antitrust lawsuit over purchase policies
4/18/24
By: Anna Perry
A class action lawsuit out of a federal California court has gained attention over the tactics luxury brand Hermès has utilized in the sale of its Birkin and Kelly handbags. The lawsuit alleges, among other things, that …
Unlocking BRRETA: navigating broker duties and responsibilities in Georgia real estate transactions
3/18/24
By: Brian Goldberg and Zachary H. Waldrop
In Georgia, the Brokerage Relationships in Real Estate Transactions Act, commonly referred to as BRRETA, was enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated …
DocuSign accused of violating California privacy act
3/7/24
By: Anna Perry
A lawsuit out of California claims DocuSign is violating the California Invasion of Privacy Act (CIPA). The lawsuit involves allegations against the company for violating California’s digital privacy laws through the use of tracking software on its …
UPDATE: Corporate Transparency Act reporting requirements unconstitutional per Northern District of Alabama
3/5/24
By: Travis Knobbe
In late January, we wrote about the new reporting requirements imposed by the Corporate Transparency Act (the “CTA”), effective January 1, 2024. As a reminder, the CTA requires many small businesses to report certain information concerning the …
Is A.I. here to stay in California?
2/15/24
By: Matthew S. Jones
Just this past week, California lawmakers introduced a bill (SB 1047) that will require companies to thoroughly test artificial intelligence (“A.I.”) before releasing it into commerce for use. The bill seems to come during a time …
Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
By: Scott Eric Anderson
In an environment when non-competition agreements have been under attack, the Delaware Supreme Court on January 29, 2024 validated and endorsed the enforcement of a limited partnership agreement’s non-compete tied to an income-forfeiture provision applicable to …
Emerging litigation trends in college athletics
1/30/24
By: Travis A. Knobbe
Let us start by stating the obvious. It is not often that a large, national law firm writes an article or blog entry focusing specifically on college athletics. That said, the sea changes sweeping the NCAA …
Small businesses: don’t overlook new Corporate Transparency Act reporting requirements
1/25/24
By: Travis A. Knobbe
Beginning on January 1, 2024, many small businesses are now required to report to the United States government the names of their beneficial owners under the Corporate Transparency Act (CTA). Passed in 2021, the CTA requires …
Recent ruling defines Pennsylvania’s Statute of Repose as strong defense in construction defect litigation
11/29/23
By: Nicholas J. Hubner
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date construction is completed. …