Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that…
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/ Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law
Are you and your institution ready for the Bankruptcy Rule 3002.1 amendments? Amendments to Bankruptcy Rule 3002.1 are scheduled to take effect on December 1, 2025. These amendments address notices relating to claims secured by…
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/ Bankruptcy, Finance & Banking, Real Estate - Residential
Financial institutions across the U.S. have grappled with compliance requirements under the Customer Identification Program, or CIP, rule for more than two decades.
On June 27, the Federal Deposit Insurance Corp., the Office…
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/ Finance & Banking, Privacy, Science, Computers, & Technology
If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles, a…
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/ Civil Procedure, Civil Rights, Labor & Employment Law
As Congress considers the future of the American hemp industry in debates over the next Farm Bill, I’m reminded of these wise words that apply to almost any circumstance where you find yourself vulnerable and similarly situated…
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/ Agriculture, Commercial Law & Contracts, Elections & Politics
On June 20, 2025, Texas enacted SB 1318, modifying the criteria for enforceable healthcare practitioner non-competes in the Texas Business and Commerce Code. The modifications (1) limit the scope of enforceable physician…
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/ Commercial Law & Contracts, Health, Labor & Employment Law
In Sunkist Growers, Inc. v. Interstate Distributors, Inc. (No. 24-1212), the Federal Circuit reversed the Trademark Trial and Appeal Board’s decision dismissing Sunkist’s opposition to Interstate Distributor’s (IDI) attempt to…
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/ Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Intellectual Property
For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’…
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/ Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law
We’ve written before that with rescheduling, with all of the excitement and pomp and circumstance that came with its announcement in the last year of the Biden administration, the whole thing was beginning to look like it may be…
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/ Administrative Law, Criminal Law, Health
A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and that…
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/ Commercial Law & Contracts, Construction Law, Energy & Utilities
The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in our…
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/ Civil Procedure, Communications & Media Law, Consumer Protection, Privacy
While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to…
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/ Labor & Employment Law, Privacy, Science, Computers, & Technology
As private companies grow, they need to secure capital to support their efforts to provide more (and/or better) products and services to their clients. The need for emerging companies to obtain growth capital often leads the…
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/ Commercial Law & Contracts, Mergers & Acquisitions
On July 4, 2025, President Trump signed into law the “One Big Beautiful Bill” Act (OBBB), a sweeping piece of legislation that significantly reshapes the landscape of tax policy and public health coverage. While the bill’s…
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/ Health, Labor & Employment Law, Taxation
What. Are. We. Doing. Here?
The latest from Capitol Hill is a doozy:
A congressional committee has approved a spending bill that contains provisions to block the Justice Department from rescheduling marijuana. The…
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/ Agriculture, Commercial Law & Contracts, Criminal Law, Elections & Politics, Health