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September 1, 2010
Jason Strain - Baker Donelson
Many major national title insurance companies have just announced they will no longer provide "creditors' rights" coverage in connection with new policies of title insurance. Therefore, commercial real estate lenders and purchasers will now bear certain insolvency risks that were often covered by title insurance endorsements in the past. Full Story 
September 1, 2010
Patrick Hulla - Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.
April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties' agreement was silent regarding the aggregation of multiple parties' claims. According to the Court, the arbitration panel's imposition of class arbitration – despite the parties' stipulation that they had not reached an agreement on this issue – is "fundamentally at war" with the Federal Arbitration Act (FAA) principle that arbitration is a matter of consent. Full Story 
September 1, 2010
Michael Chartan and Brian J. Markowitz - Duane Morris LLP
In late 2009 a federal District Court sitting in Orlando, Fla., sent shockwaves through the in-house general counsel world. The case, Swofford v. Eslinger,1 is the first reported case to sanction in-house counsel for spoliation of electronic evidence. Full Story 
September 1, 2010
Lewis Wiener, B. Knox Dobbins, Gail L. Westover, Wilson - Sutherland Asbill & Brennan LLP
On May 24, 2010, the U.S. Supreme Court granted certiorari in Mobility LLC v. Concepcion, No. 09-893, to address the question of whether the Federal Arbitration Act (FAA) preempts state law rules limiting the enforceability of arbitration agreements. In Concepcion, the Supreme Court will consider whether the FAA preempts California state court decisions that class action waivers are unconscionable in consumer arbitration agreements as a matter of public policy Full Story 
September 1, 2010
Alexander McIntyre Jr. - Baker Donelson
The Supreme Court recently released its unanimous opinion in American Needle, Inc. v. National Football League, 560 U.S.___ (2010), 2010 WL 2025207 (American Needle), its latest foray in the area of competitor collaboration under the antitrust laws (and specifically Section 1 of the Sherman Act, 15 U.S.C. § 1). In American Needle, the 32 member teams of the National Football League formed National Football League Properties (NFLP) to develop, license and market their intellectual property Full Story 
July 9, 2010
Leslie Paul Machado
Originally enacted to combat hackers, the Computer Fraud & Abuse Act, 18 U.S.C. § 1030, et seq. (“CFAA”), is increasingly being asserted by employers against disloyal employees who were authorized to use a company computer, but accessed that computer to serve interests adverse to the company.  Because a viable CFAA claim allows a plaintiff to bring the suit in federal court and increases the defendant’s exposure (because the CFAA is primarily a criminal statute with corresponding criminal penalties), it is important that employment attorneys are familiar with the law in this developing area.  This article provides a brief background of the CFAA and highlights those courts that have endorsed – and those that have rejected – a CFAA claim against a disloyal employee.   Full Story 
June 21, 2010
Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.
This morning, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964. Full Story 
June 21, 2010
Kathleen Bonczyk, Esq. - Rubinton & Laufer, LLC
On April 20, 2010, an explosion on the mobile drilling rig Deepwater Horizon occurred some 130 miles southeast of New Orleans, Louisiana.  As of May 23, 2010, it is estimated that a minimum of 6 million gallons of crude oil have spilled into the Gulf of Mexico as a result of this incident.  However, a growing number of scientists assert that they believe the count is even higher than that troublesome figure. Full Story 

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