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Searching Content indexed under Litigation, Mediation & Arbitration by Holland & Knight ordered by Published Date Descending.
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1
New Regulations Change The Rules For Federal Student Loans
To address public concerns about the financial stability of higher education institutions, the new regulations impose stricter financial accountability requirements.
United States
11 Sep 2019
2
Religious Institutions Update: September 2019
Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim
United States
5 Sep 2019
3
FTC's Authority To Seek Damages Curtailed, Inviting Supreme Court Review
For decades, the Federal Trade Commission (FTC) has sought and obtained restitution from parties engaged in fraud, utilizing authority provided under § 13
United States
3 Sep 2019
4
Ninth Circuit Decisions Overrule 35-Year Precedent In ERISA Arbitration Disputes
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act disputes were not arbitrable.
United States
29 Aug 2019
5
Court Awards ESOP $6.5 Million For Overpayment, Finds That Trustee Breached Duty
A U.S. District Court has rendered a $6.5 million judgment in favor of an employee stock ownership plan for the ESOP's overpayment for the founding shareholder's majority interest in the company.
United States
22 Aug 2019
6
The Light Shines For CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program
It will likely change the procurement contracts for distributed generation with California utilities.
United States
15 Aug 2019
7
First Circuit Splits From Sixth Circuit And Education Department On Title IX
The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX matters.
United States
15 Aug 2019
8
Pennsylvania's "Gist Of The Action" Doctrine Does Not Preclude Trade Secret Claims
Pittsburgh Logistics (PL) sued its competitor and former employee, alleging that the employee breached his employment agreement by working for the competitor...
United States
14 Aug 2019
9
"Head Start" Damages Affirmed Against Employee Who Started Competitor in China
After Sabre discovered what happened and sued Shan, the parties ended up in arbitration proceedings.
United States
14 Aug 2019
10
Authorized Access Of Proprietary Information And Impact On CFAA Claim
Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business.
United States
14 Aug 2019
11
E.D. Texas's Chief Judge Gilstrap Introduces Subject Matter Eligibility Contentions
The Eastern District of Texas is known to be a hotbed for patent litigation filings, even after the Supreme Court's TC Heartland decision.
United States
2 Aug 2019
12
Aesthetic Appeal Of A Patent's Claimed Design Is Inadequate To Render It Functional
Looking specifically at functionality and exhaustion, the Federal Circuit affirmed a lower district court ruling upholding Ford's design patents.
United States
1 Aug 2019
13
United States
31 Jul 2019
14
Remembering Justice Stevens And His Bilski Concurrence
Justice John Paul Stevens passed away last week at the age of 99.
United States
31 Jul 2019
15
Supreme Court Ruling On "Confidential" Records Under FOIA Exemption Likely To Restrict Access To Business Records
But the Court left open for another day the question whether the second condition is required to prove information is "confidential" under Exemption 4.
United States
26 Jul 2019
16
BIPA Update: Class Actions On The Rise In Illinois Courts
Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. This Holland & Knight alert analyzes current trends in BIPA litigation.
United States
24 Jul 2019
17
Allocating Investment Returns In A Collective Investment Vehicle Held to be An Unpatentable Abstract Idea
The Court reiterated that using a computer to perform calculations more efficiently does not provide an inventive concept.
United States
23 Jul 2019
18
U.S. Supreme Court Reaffirms Primacy Of Federal Law On Outer Continental Shelf
U.S. Supreme Court reaffirms primacy of federal law on Outer Continental Shelf holding state law may not be adopted where federal law already addresses the issue.
United States
22 Jul 2019
19
Trial Necessary On Whether Employer Must Indemnify Indicted Employee Against Whom Charges Were Dismissed
The defendant also argued that indemnity should not apply to the plaintiff as a former employee and that most of her legal bills were incurred after her termination.
United States
22 Jul 2019
20
United States
22 Jul 2019
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