Reversing “Not My Contract”: Arizona’s roadmap for unjust enrichment after Markham
7/14/26
By: Juliana Sleeper
Before a neighborhood has children on bicycles or dogs testing the limits of their leashes, it needs less romantic things: roads, water lines, infrastructure. No one writes poems about water lines, which is probably fair. …
The red bow tie problem: Pitchford, Batson step three, and the civil lawyer’s job at jury selection
6/29/26
By: Juliana Sleeper
A Batson challenge is made. The courtroom tightens. The juror chart suddenly looks more important than it did five minutes ago. Someone flips through notes. Someone else pretends not to.
Then the lawyer defending …
Joining the party: Virginia’s new Don’t Ask Me What I Made law
5/21/26
By: Kendal Ashman and Joshua Ferguson
Virginia has enacted a pay transparency law that prohibits employers from requesting or relying on a job applicant’s wage or salary history during hiring or compensation decisions.
The bill, which …
Don’t pass go: restrictions on the “buyer’s monopoly”
7/16/25
Whether from the classic board game bearing its name, or from vague recollections of high school history class, many are familiar with the concept of a monopoly—an economic condition in which a single …
5/29/25
By: James V. Lovett
In a precedential order by the Court of Appeals for the Federal Circuit, the doctrine of foreign equivalents was examined and applied to applications for the mark VETEMENTS. In the matter In re: …
High demand, low supply: How Georgia is addressing the nationwide accountant shortage
5/12/25
By: James G. Bozza
Certified Public Accountants (CPAs) are increasingly rare despite their provision of essential professional services to businesses. The quantity of CPAs has largely stagnated over the last decade despite the substantial increase in national …
An established aberration: baseball’s unique relationship with antitrust law
3/24/25
With the Los Angeles Dodgers’ sweep of the Chicago Cubs in the Tokyo Series, the 2025 Major League Baseball season is officially underway, renewing another chapter in the storied history of our nation’s …
The growing legal threat of 401(k) forfeiture class actions: What plan sponsors need to know
3/18/25
By: Thomas R. Starks
While ERISA class action lawsuits have been a growing concern for plan fiduciaries, a recent trend is the surge of class action lawsuits challenging the handling of 401(k) plan forfeitures.
Understanding 401(k) Plan …
2/25/25
Class actions can subject companies to daunting financial exposure. Unlike standard lawsuits brought by single individuals, class actions are brought by representatives seeking to litigate on behalf of a broader “class” of aggrieved …
Navigating SECURE 2.0: What’s new for ERISA plan sponsors in 2025
1/9/25
By: Thomas R. Starks
The SECURE 2.0 Act, which amends ERISA and parts of the Internal Revenue Code, includes several provisions that will take effect in 2025. To ensure compliance, 401(k) plan sponsors must ensure that these …
On again, off again, on again?
12/27/24
By: Nancy M. Reimer
The Fifth Circuit Court of Appeals vacates its stay of the injunction. As we reported on December 26, 2024, the Fifth Circuit Court of Appeals stayed the nationwide injunction enjoining the enforcement of …
What corporations should know about the Clayton Act circuit split
12/23/24
Federal antitrust laws prohibit anticompetitive business conduct such as price-fixing, monopolization, and conspiracies to restrain trade. Corporations sued under these laws face a difficult challenge. Such lawsuits are complex, and often subject corporations …