In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. 18, 2018), the Ninth Circuit clarified, in a unanimous published decision, that, where a party may recover its attorney’s fees by statute or contract,...

COMMISSION MEETING: September 20, 2018

The Mississippi Gaming Commission held its regular monthly meeting on Thursday, September 20, 2018, at 9:00 a.m. at the Jackson offices of the Mississippi...

In the course of providing construction services for commercial properties, a contractor often performs jobs where they are providing materials and services to a commercial tenant at a leased property. What contractors need to...

On September 19, 2018, the New York Attorney General (“NYAG”) released a Frequently Asked Questions document(“FAQ”) regarding...

Earlier this year, the Kentucky Legislature passed two tax bills that broadly change Kentucky’s corporate and personal income tax system, as well as make a number of sales and use tax and property tax changes. In the effort to...

Two years after filing suit, the corporate defendant ("Old Monterey") in a lawsuit converts into an limited liability company ("New Monterey") pursuant to to the California Corporations Code. In the parlance of the Code, Old...

In The Cirillo Family Trust v. Aram Moezinia, Lewis Tepper, Mark Walter, and DAVA Pharmaceuticals, Inc., C.A. No. 10116-CB (Del. Ch. Jul. 11, 2018), the Delaware Chancery Court granted the defendants’ motion dismissing...

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a ...

On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims....

What is a Public Benefit Corporation^[1]?

A public benefit corporation (PBC) is a statutorily designated type of corporation in Delaware that melds two concepts that are...

Comcast has a policy in its Chicago region that permits a prospective customer to make a $50 deposit for internet service in lieu of a requirement to submit to a credit check.  In Santangelo v. Comcast Corporation,...

In a recent decision, the Wisconsin Supreme Court greatly diminished the power of Wisconsin state agencies to rely on their own legal interpretations in disputes with other parties. This decision will benefit companies and...

Construction contracts often include a clause that identifies a stipulated or “liquidated” damage amount for unexcused delay.  These clauses assess a fixed sum for each day of delay, thereby relieving the owner from proving its...

Eight national restaurant chains have agreed to drop provisions...

• California Governor Jerry Brown signed a bill into law on September 18, 2018 which will allow Californians to sell food they make themselves, a practice that was previously outlawed due to health concerns.  ...

San Francisco has banned of the sale of food service ware: that contains fluorinated chemicals, is made from polystyrene foam, and that is not either compostable or recyclable. The polystyrene foam ban takes effect on January 1...

On September 18, 2018, Connecticut’s governor released an ...