By Samantha Duke | May 29, 2024
This change is expected to bring a new wave of litigation challenging whether the asserted consent was given for the specific marketer, the disclosure of the consent was clear and conspicuous, and the marketer's contact is logically and topically associated with the interaction that prompted the consumer to grant their consent.
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 29, 2024
If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
New York Law Journal | Commentary
By Jeffrey M. Winn | May 28, 2024
The former U.S. Supreme Court justice's book provides excellent analysis of the contrast between textualism/originalism, but was not as forceful as it could have been in highlighting examples where textualism and originalism would produce abhorrent results that could undermine the high court's prestige.
New Jersey Law Journal | Commentary
By David E. Sellinger and Todd L. Schleifstein | May 28, 2024
"'Robey' represents the latest logical step in a trend of more strictly interpreting the ascertainable loss requirement," write David E. Sellinger and Todd L. Schleifstein of Greenberg Traurig.
The American Lawyer | Commentary
By Paul Hodkinson | May 28, 2024
What we need, writes the Global Lawyer, is a market peak: a Usain Bolt of the legal world that sets a junior lawyer pay rate so far ahead that no one can beat it, but AI might make the problem worse.
By Elisa Reiter and Daniel Pollack | May 28, 2024
"To the best of their ability, administrators owe their students a duty to protect them from sexual and physical abuse," write Elisa Reiter and Daniel Pollack.
The Legal Intelligencer | Commentary
By Jay A. Dubow, Joanna Cline and Connor B. DeFilippis | May 28, 2024
Judge Frank Easterbrook, disenchanted with the current "federal practice" of plaintiffs attorneys extorting fees in disclosure cases without conferring a meaningful benefit on stockholders, penned the opinion for a two-judge panel rejecting such fee agreements and empowering shareholders and federal courts alike to scrutinize these fees going forward.
Daily Business Review | Commentary
By Catherine T. Moussa | May 28, 2024
Most people understand a "nuisance" to be an annoyance, typically minor in nature but disruptive enough to require attention. When it comes to a governmental nuisance abatement board, however, this cannot be further from the truth; these boards regulate properties due to the drug, prostitution and violent crime that occurs there.
Daily Report Online | Commentary
By Douglas Wilde | May 28, 2024
Coming to mediation with a realistic evaluation of both liability and damages and a well-prepared client, whether the plaintiff or insurance adjuster, is the best way to prepare to mediate your premises liability case, a mediator writes.
The Legal Intelligencer | Commentary
By Vasilios J. "Bill" Kalogredis | May 28, 2024
The opinion concludes that although the proposed arrangement, if undertaken, would generate prohibited remuneration under the AKS (if the requisite intent were present), the OIG would not impose administrative sanctions on the requestor; and the arrangement does not constitute grounds for imposition of sanctions under the beneficiary inducements CMP.
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