First Amendment protects citizens and businesses against officials who use jawboning tactics to threaten prosecution

Jawboning is not a word in most people’s vocabulary, even those who are highly educated. The word looks menacing and sounds sinister. And in a sense, jawboning is both menacing and sinister. Jawboning is when government officials publicly condemn certain legal behavior that they disfavor. It is the bully pulpit on steroids, if you will. […]
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Will the Brian Flores lawsuit change how the NFL handles arbitration?

Longtime NFL coach and current Minnesota Vikings defensive coordinator Brian Flores is in the midst of a contentious lawsuit against the National Football League, the Miami Dolphins, and several teams that did not hire him. This lawsuit may have major implications for how arbitration agreements are handled within the league — and possibly elsewhere. Flores […]
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Legal Desert Problems and Solutions

You may have heard of food deserts, but have you heard of legal deserts? With a food desert, there is a lack of affordable food, especially fresh food, within a reasonable distance. The challenge for legal deserts is similar: there is a shortage of lawyers to serve the legal needs of rural communities. And just […]
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Texas Two-Step: New Classic, or Passing Fad?

The Third Circuit recently rejected Johnson & Johnson’s attempt to shed its talc mass tort liability into bankruptcy through the “Texas two-step.” In re LTL Management LLC, 58 F.4th 738 (3d Cir. 2023). Based on this ruling, 3M is facing a similar challenge to its two-step attempt to shed combat-earplug liability. In re Aero Technologies, […]
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3 Small Business M&A Myths Debunked

With the Great Wealth Transfer upon us, there’s a huge opportunity for firms to support small business M&A transactions. Indeed, as Baby Boomers reach retirement age, many small businesses will soon be changing hands. Yet, millennials are less eager to take over the family business than generations before them – meaning that countless businesses will […]
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New Copyright Decisions: Artificial Intelligence, United States Copyright Law

A software glitch on January 23, 2023, in the United States Copyright Office’s record-storing software incorrectly revoked the copyright registration of a graphic comic book produced by artificial intelligence.[1] The comic book titled Zarya Of The Dawn, which featured images created by Midjourney and filed by artist and AI consultant Kristina Kashtanova, had its application […]
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Put an end to runaway verdicts

How big is too big when it comes to verdicts? In August 2022, a Georgia family was awarded $1.7 billion in Hill v. Ford Motor Co., the largest verdict Georgia had ever seen. The circumstances of the case were tragic, and negligence on the part of the automaker seemed clear. An elderly couple was killed […]
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FTC Ban on Noncompetes Proposed by FTC Requires Discussion

On January 5, the Federal Trade Commission announced a proposed rule to ban non-compete agreements nationwide, citing that they violate Section 5 of the Federal Trade Commission Act. As the proposed rule enters the 60-day comment period, we sat down with Martin Schmelkin, an employment law partner with Schulte Roth & Zabel to discuss the […]
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Cybersecurity or Antitrust Regulation: Pick Your Poison

The tension between the government and big tech is nothing new. What is new, though, is a specific issue related to how tech companies have managed and distributed smartphone apps. While there are multiple pending bills that relate to this subject, the one that most concisely explains what would happen is the Open Markets Act, […]
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