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1. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only...more
American Integrity is the first insurance carrier to implement binding arbitration language and a waiver of the one-way attorney’s fee provisions into its Florida homeowner’s insurance policy. On February 10, 2022, the Office...more
New legislation in North Carolina makes changes to various laws governing construction projects. The changes affect design-build projects, lien waivers requested from subcontractors, and a lien claimant’s ability to obtain an...more
The US Court of Appeals for the 11th Circuit reversed a judgment of trade secret misappropriation because the plaintiff had not proved that the defendant’s duty to maintain the secret arose at the time it acquired the secret....more
Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more
The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more
In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more
It is often beneficial to limit the issues at trial to those that are truly disputed and to stipulate to facts that are no longer in dispute. In some cases, for example, liability may be sharply disputed, but the amount of...more
Introduction - In a recent award enforcement decision, the US Court of Appeals for the Ninth Circuit ruled that parties cannot contractually eliminate judicial review of arbitral awards under the US Federal Arbitration...more
The Equal Employment Opportunity Commission (“EEOC”) recently filed a “pattern or practice” lawsuit against CVS Pharmacy, Inc., alleging that CVS uses an “overbroad, misleading and unenforceable Separation Agreement” that...more