Prior to the early 1900s, New Jersey was the preferred state of incorporation for U.S. businesses. Eager to cash in on America’s epic industrialization via franchise tax revenues, Delaware directly challenged New Jersey’s...more
7/22/2025
/ Business Entities ,
Capital Raising ,
Corporate Counsel ,
Corporate Governance ,
Corporate Taxes ,
Delaware ,
Incorporation ,
Investors ,
Nevada ,
Shareholders ,
Startups ,
Texas
On June 18, 2025, the Nevada Supreme Court held in Whitley v. Greyhound Lines, Inc., 141 Nev. Adv. Op. 33 (2025), that Calder v. Jones’ “effects test” applies only in intentional tort cases. The opinion provides an analysis...more
On June 5, 2025, the U.S. Supreme Court unanimously reversed a Ninth Circuit Court of Appeals decision requiring a plaintiff seeking to confirm an arbitration award against a foreign state to prove minimum contacts with the...more
Recently, the Ninth Circuit had the opportunity to apply the U.S. Supreme Court’s test laid out in Lindke v. Freed (March 2024) to determine whether a public official’s use of social media is state action subject to First...more
On May 16, 2024, the U.S. Supreme Court unanimously held that where a district court is presented with a motion to stay and/or dismiss on the basis of an arbitration agreement, the plain language of the Federal Arbitration...more
In a recent case of first impression in Nevada, the Nevada Supreme Court found en banc that a nonsignatory to an arbitration agreement may compel another nonsignatory to arbitrate...more
On January 12, 2024, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al. The Court’s review should resolve a split in the U.S. Circuit Courts of Appeal as to whether, when presented...more
By John S. Delikanakis On June 23, 2023, the U.S. Supreme Court held in Coinbase v. Bielski that U.S. district court proceedings are automatically stayed during a non-frivolous appeal of a denied motion to compel arbitration....more
6/30/2023
/ Appeals ,
Arbitration ,
Automatic Stay ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Motion to Compel ,
SCOTUS ,
Stays
On June 22, 2023, the U.S. Supreme Court ruled that the U.S. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO statute, may be used to enforce a foreign arbitration award. The Court’s opinion in...more
On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more
On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more
5/25/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Motion to Compel ,
Motion To Stay ,
SCOTUS ,
Unpaid Overtime
Earlier this week, the U.S. Supreme Court held that federal courts lack the authority to hear applications to confirm or vacate arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (FAA) absent a...more
In a case of first impression in Delaware, the Court of Chancery adopted the equitable doctrine of reverse veil-piercing1 in Manichaean Capital LLC v Exela Technologies Inc., a post-merger action to enforce an appraisal...more
A Delaware Court of Chancery case decided earlier this year provides some useful guidance on the interpretation of LLC agreements and what constitutes a “deadlock” under Delaware law. The case, Mehra v. Teller, involved a...more
On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees. The motions were supported by a contractual prevailing party fee provision which...more
The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more
On June 3, 2017, the Governor of Nevada signed Assembly Bill 276 into law, making substantial changes to Nevada Revised Statute (“NRS”) 613, which governs non-competition agreements. The amendments are notable for not only...more
The U.S. Supreme Court resolved a federal circuit split in favor of banks and finance companies by holding that firms collecting debts purchased for their own account are not subject to the Fair Debt Collection Practices Act...more
The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more
4/8/2017
/ Border Agents ,
Customs and Border Protection ,
Data Privacy ,
Data Protection ,
Electronic Devices ,
Fourth Amendment ,
Immigration Reform ,
International Travel ,
Legislative Agendas ,
Passwords ,
Port of Entry ,
Probable Cause ,
Proposed Legislation ,
Resident Alien ,
SCOTUS ,
Search & Seizure ,
Search Warrant ,
Terrorist Threats ,
Trump Administration ,
Warrantless Searches ,
White Collar Crimes
In a unanimous decision, the U.S. Supreme Court recently held that retailers engage in protected speech when they communicate their prices to customers. Specifically, the Court addressed communication regarding differential...more
Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought...more
1/25/2017
/ Class Action Arbitration Waivers ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Mandatory Arbitration Clauses ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
SCOTUS ,
Split of Authority
On June 24, Delaware’s Governor signed Senate Bill No. 75 into law and closed the door on the tantalizing prospect of fee shifting (“loser pays”) bylaws for Delaware stock corporations. The full text of the bill can be read...more
The European Union (EU), comprised of 28 member states, currently has a patchwork of privacy and data protection laws, based on the EU’s 1995 Data Protection Directive. This mix of laws has led to inconsistent data...more
In a recent speech at the Georgetown Cyber Security Law Institute, Assistant Attorney General Leslie Caldwell outlined the recent activities of a new Cyber Security Unit created within the Justice Department’s Computer Crime...more
Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more