Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
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 …
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 …
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, …
11/29/23
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 …
10/17/23
By: Cameron Regnery and Scott Eric Anderson
The “Apex Doctrine” is a legal principal aimed at protecting top executives and government officials from having to sit for a deposition in certain situations. …
10/4/23
By: Donald Patrick Eckler and Joshua W. Zhao
Is a statutory violation alone sufficient to satisfy the “injury in fact” requirement of standing outside the context of the Illinois Biometric Information Privacy Act (BIPA)? …
California rejects “creative” collateral source theory of standing
9/19/23
By: Joseph Gonnella
California’s Unfair Competition Law requires an economic injury to establish standing to sue. The California Court of Appeal’s recent opinion rejected a party’s attempt to allege standing based upon his insurer’s overpayments under a …
Minority Position: Vician v. Bingham Greenebaum & Doll, LLP
9/11/23
By: Tia J. Combs
In the recent Court of Appeals of Indiana case, Vician, individually and on behalf of Bowman, Heintz, Boscia & Vician, P.C. v. Bingham Greenebaum & Doll, LLP n/k/a Dentons Bingham Greenebaum, LLP and …
8/23/23
Last month, the Seventh Circuit joined the Eleventh Circuit by deciding that state law-based negligence claims are preempted by the Federal Aviation Administration Authorization Act (“FAAAA”). In 1994, Congress sought to deregulate the …
Eleventh Circuit holds one text message sufficient to establish standing in robocall case
8/21/23
By: Matthew N. Foree
Article III of the Constitution limits federal-court jurisdiction to actual cases or controversies. Generally, for there to be a case or controversy capable of resolution, the plaintiff must have a personal stake in …
11th Circuit Supports Tolling of Federal Arbitration Act Timeframes in Certain Circumstances
7/11/23
By: Arielle E. Katz
On June 21, 2023, the 11th Circuit determined an issue of first impression – whether Section 12 of the Federal Arbitration Act (“FAA”), which provides that notice of a motion to vacate a …
From Scripts to Sanctions: Defendants Dismissed With Help From Plaintiff’s Aggressive Parroting
7/5/23
By: Brian Goldberg and Jack Ma
Federal Rule of Civil Procedure 30(b)(6) requires a corporation, government agency, or other organization to designate one or more individuals to testify. Unlike regular employees, their testimony has …