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26 Oct 2022, 5:47 pm by C. Ryan Maloney, Esq.
  When force majeure events strike, a well-drafted force majeure clause in the underlying contract can be a powerful tool in mitigating and surviving the impact of the disruption. [read post]
24 Oct 2022, 11:01 am by Mark J. Levin
[T]he copious usage of arbitration agreements in present day contracts and the ramifications of these agreements on a party’s right to a jury trial raises concern, especially in the context of Internet contracts like the one at issue herein where the parties are of purported unequal bargaining power …. [read post]
24 Oct 2022, 6:09 am by John Coyle
It passed two resolutions – one in May 2016 and one in September 2016 – challenging the power of the executive branch to proceed with the transaction and expressly rejecting the pledge of CITGO assets in the 2020 Notes. [read post]
24 Oct 2022, 5:01 am by Eugene Volokh
Mishan & Sons, Inc., decided Thursday by Judge John Cronan (S.D.N.Y.): Plaintiff William Araujo filed a motion to seal the Court's Opinion and Order construing two terms in one of the claims of his patent…. [read post]
23 Oct 2022, 7:03 pm by Guest Author
Later this year, the Court will hear oral argument in Axon Enterprise, Inc. v. [read post]
21 Oct 2022, 10:08 pm by Florian Mueller
That's the investigation of the smallest one of Ericsson's three ITC complaints against Apple.That one is a non-SEP case, but as the docket entry of a currently sealed Ericsson motion shows, Apple is nevertheless trying to import its SEP licensing dispute with Ericsson into that one (click on the image to enlarge, or read the text below the image):Complainant Ericsson Inc. and Telefonaktiebolaget LM Ericsson's Motion in Limine No. 2 to Exclude… [read post]
21 Oct 2022, 3:45 pm by Eugene Volokh
" "[T]he State has the authority under its parens patriae power to intervene when parents neglect, abuse, or abandon their children. [read post]
21 Oct 2022, 11:33 am by Adam Levitin
As an initial matter, it isn’t clear what yardstick one uses to measure the breadth of mission. [read post]
20 Oct 2022, 6:40 am by crobertson
And tort law duties may make that permissive power obligatory, to protect passengers. [read post]
19 Oct 2022, 6:30 am by Jason Rantanen
Most federal courts of appeals decide one or two per year, at most. [read post]
17 Oct 2022, 3:52 pm by Mark J. Levin
 This restriction on state power is commonly referred to as the “dormant Commerce Clause. [read post]
17 Oct 2022, 4:31 am by Peter Mahler
In both cases, minority partners gave notices triggering dissolution by operation of law.In both cases, the controlling partners deemed the dissolution wrongful, opted to continue the partnerships and buy out their ex-partners’ interests as required by statute, and then litigated damages claims for wrongful dissolution in the context of the resulting appraisal proceeding.But one dissimilarity made all the difference: Congel involved a New York partnership governed by New York’s… [read post]
17 Oct 2022, 12:15 am
  As fiduciaries at a corporation with a business model that depends upon maintenance of a powerful global network, the directors and officers of the Company cannot willfully blind themselves to this reality: where there is great power there is great responsibility. [read post]
14 Oct 2022, 11:25 am by Kary L. Moss
Constitution, making them a powerful backstop against the attacks of radical, anti-abortion rights minorities. [read post]