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August 05, 2020
David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.
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August 05, 2020
Tom Gallagher discusses the IRS's Proposed Rulemaking setting forth guidance for the carried interest rules under Code Sec. 1061 that were enacted as part of the Tax Cuts and Jobs Act.
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August 05, 2020
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery holding that, unlike the rule in merger cases, the privilege for communications regarding an asset purchase agreement and associated negotiations does not pass to the purchaser by default operation of law, but remains with the seller unless the buyer contracts for something different.
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August 04, 2020
Trevor Cloak wrote an article on discrimination on the basis of sexual orientation or gender alone being unlawful.
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August 04, 2020
Arielle Eisenberg discussed the Eleventh Circuit's decision in Gogel v. Kia Motors.
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August 04, 2020
Jonathan P. Nase discusses the Pennsylvania Supreme Court's decision in Crown Castle NG East LLC and Pennsylvania-CLE LLC v. Pennsylvania Public Utility Commission.
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August 03, 2020
Geoff Ferrer and Anne Mickey discuss the Second Circuit's decision in Power Authority of the State of New York v. M/V ELLEN S. BOUCHARD, and the BARGE B No. 280, their engines, apparel, tackle, boats, appurtenances, etc., in rem, Bouchard Transportation Co., Inc., Motor Tug Ellen S. Bouchard, Inc., No. 280 Corp.
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August 03, 2020
Kathy Jaffari and Lindsey Stillwell co-authored an article on companies that are taking various approaches to disclosing the environmental, social, and governance criteria that investors are increasingly using as a metric to evaluate investment opportunities.
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July 30, 2020
Richard Fama and Brenden Coller contributed an article to Retail Leader discussing what “Made in the USA” really means and if the definition of that phrase will change given the Federal Trade Commission’s (FTC) recent announcement of a proposed rule governing “Made in the USA” claims.
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July 30, 2020
Jerry Kilgore and Julia Hammond discuss Virginia's workplace safety standards to protect Virginia workers.
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July 29, 2020
Mark Mullen and Larry Walker discuss the Maryland Court of Special Appeals upholding the intermediate appellate court’s decision that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that property in a reasonably safe manner so as to avoid harm to neighboring properties.
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July 28, 2020
Mark Roth contributed an article to the Los Angeles Daily Journal titled, "Court of Appeal ruling draws artificial distinction between eminent domain and inverse condemnation." This article discusses the California Supreme Court ruling in Weiss v. People ex re. Department of Transportation, 2020 DJAR 7352, and how it is logically flawed and will inevitably result in waste of precious judicial resources.
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July 28, 2020
Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.
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July 28, 2020
Suzanne Mayes discusses the impacts the COVID-19 pandemic has had on the U.S. tax-exempt bond market.
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July 27, 2020
Josh Stein discusses the regulatory and legislative activity at the end of last year and the early part of this year that could impact the offshore wind industry.
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July 27, 2020
Steve Dickinson, James Van Orden, and Bob Magovern discuss the SBA's procedural notice to lenders participating in the PPP concerning PPP loan forgiveness.
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July 23, 2020
Jeffrey Townes and Hongling Zou explore how the Patent Trial and Appeal Board reviews examiner errors, because although the board has recently denied inter partes review based on issues presented during prosecution, petitioners have little guidance on when examiner error merits IPR institution.
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July 22, 2020
Grier Hoyt lists 10 costly pitfalls for the office tenant to avoid when entering into an office lease agreement.
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July 21, 2020
Elisabeth Ross authored an Expert Analysis article in Law360 discussing her take on how the COVID pandemic is bound to impact not only the processes and procedures of the courts going forward, but also the very design and architecture of the courtrooms themselves.
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