Obiter dicta by High Court suggests that damages may not be available as a remedy where an English company breaches a contractual obligation and performance of that obligation would have required a breach of the "capital maintenance" principle....
Last week, the National Institutes of Health denied a petition from a coalition of "public interest" groups who petitioned the agency to exercise so-called "march-in rights" under provisions of the Bayh-Dole Act against Abbott (now, AbbVie) over its...
Several recent legal developments have cast doubt on the ability of California cities to continue using favored tools to promote construction of “inclusionary” affordable housing units. Few would dispute that the state faces a “severe shortage of...
Our previews of the latest additions to the Illinois Supreme Court’s civil docket continue with Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman, a case from the First District Appellate Court. Goldfine poses a number of questions about...
Generally speaking, parties can resolve their disputes either in a public court or private arbitration. One significant difference between the two is the confidentiality of the process: only private arbitration can afford complete confidentiality....
California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge in and restrict their...
When one thinks of trials images of Perry Mason or Atticus Finch may come to mind. But when it comes to debt collection law suits things are a little less grand. In Arizona most debt collection (particularly Debt Buyer cases) cases are heard in one...
With same-sex marriages to begin in the state of Illinois next year, employers should expect an increase in requests for spousal benefit coverage from employees who have legally married their same-sex partners. The new law is set to take effect on...
The Telephone Consumer Protection Act of 1991, 47 USC 227, et. seq. (“TCPA”) and the accompanying Federal Communications Commission rules (47 CFR 64.100, et. seq.) ban many phone calls and text messages that are sent to a mobile phone using an...
Does Frosted Mini-Wheats cereal improve a child's attentiveness in school? Do fruit Roll-Ups and Fruit by the Foot have to contain real fruit? Would a reasonable consumer expect Cap'n Crunch with Crunchberries cereal to contain real berries? These...
