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Extraterritoriality Rules Out-of-State Companies

Foley & Lardner LLP

Did the Eleventh Circuit Just Open the Door to Potential Extraterritorial Application of California’s Noncompete Ban?

Foley & Lardner LLP on

A recent Eleventh Circuit Court of Appeals decision highlights the importance (and potential limits) of robust choice-of-law provisions in noncompete agreements, as courts and employers far-flung from California grapple with...more

Proskauer - Minding Your Business

Price Gouging Laws and the Dormant Commerce Clause?

During the pandemic, businesses are asking about their potential price gouging liability in states that they do not sell into directly but where their products might end up. At least one federal circuit court addressed this...more

Sheppard Mullin Richter & Hampton LLP

On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs

The Ninth Circuit Court of Appeals recently upheld – for the second time – California’s Low Carbon Fuel Standard (“LCFS”) against constitutional challenges brought by industry groups. The case, Rocky Mountain Farmers Union v....more

Beveridge & Diamond PC

Fourth Circuit Holds Maryland Ban on Pharmaceutical “Price Gouging” Unconstitutionally Regulates Out-of-State Business Activity,...

Beveridge & Diamond PC on

The U.S. Court of Appeals for the Fourth Circuit has struck down a Maryland law banning “excessive” prices for generic drugs, breathing new life into the extraterritoriality prong of the Dormant Commerce Clause that prohibits...more

Foley Hoag LLP - Environmental Law

Minnesota May Not Prohibit Power Sales That Would Increase Statewide CO2 Emissions. Why Not? Pick Your Reason.

If you needed any further proof that energy law is very complicated, Wednesday’s decision in North Dakota v. Heydinger should convince you. The judgment is simple – the 8th Circuit Court of Appeals struck down a Minnesota...more

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