Features
Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
The decision in <i>ATT Mobility v. Concepcion</i> was announced on April 27, just a few days before a panel of three franchise attorneys presented an update on arbitration trends at the 44th Annual International Franchise Association Legal Symposium.
Features
Maryland Lack-of-Good-Faith Statute in Operation
This article focuses on how one state, Maryland, has chosen to address first-party bad faith claims arising out of property and casualty insurance policies. Maryland's experience handling these disputes teaches lessons to both carriers and insureds.
Features
Judge Rules GSK's 'Nerve Center' in Philadelphia for Paxil Suits
Lawyers for GlaxoSmithKline (GSK) were enjoying something of a winning streak in their efforts to remove drug product liability lawsuits to federal court ' and keep them there ' by arguing that it has converted to a limited liability company that is based in Delaware. But that streak may now be over.
Features
Litigation Upfdate
An in-depth review of recent litigation that affects this practice area.
Features
Practice Tip: Pleading Medical Device Complaints
The heightened pleading requirements of <i>Bell Atlantic Corp. v. Twombly</i> require that practitioners who plan to file a complaint in a medical device case be even more cautious than usual. Otherwise, they may be subject to a dismissal on the pleadings.
Features
The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions
This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.
Features
Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.
Features
Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved
With foreclosure filings at unprecedented levels, associations are facing high assessment delinquency rates since generally when a homeowner stops paying his or her mortgage, he or she also ceases paying any assessments. A look at recent litigation.
Features
Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall
The Supreme Court's 5-to-4 decision in <i>Stern v. Marshall</i> definitively upsets a quarter-century's jurisdiction by bankruptcy courts over a large set of actions.
Features
Understanding and Mitigating the Legal Risks of Cloud Computing
There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.
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