Attempting to collect damages before a final judgment has been entered is not only improper under Federal Rules of Civil Procedure Rule 69, but it is an unnecessary
The right to referendum and initiative is an extraordinarily potent tool, one that allows the citizenry to exercise direct democratic power. But, the right to referendum is
Recently, we successfully defeated three separate motions to strike.[1] The first motion centered on an exhibit that was attached to a declaration. This dispute started with opposing counsel
The Corporate Transparency Act (CTA) has faced significant legal challenges ahead of its January 1, 2025 reporting deadline.[1] Most recently, a federal district court in Texas issued a
Courts have fundamentally distorted and mutated the irreparable harm standard for preliminary injunctions, especially in Administrative Procedures Act cases.[1] Courts have turned the irreparable harm standard away from
Chess not Checkers: Why Litigants Should Use Rule 12(c) Motions for Judgment on the Pleadings Instead of a Rule 12(b)(6) Motions to Dismiss In the high-stakes chess
The Federal Trade Commission has (almost) killed the non-compete.[1] In a 3-2 vote on April 23, 2024, the FTC issued its long-anticipated Non-Compete Clause Rule (the “Non-Compete Ban”).
Federal courts are often forced to uphold laws as “stupid but constitutional”,[1] as Justice Antonin Scalia remarked, or strike them down as wise but unconstitutional.[2] A recent decision
Forbidden from in-person depositions during the COVID-19 pandemic, practitioners increasingly utilized Zoom, or its equivalent platforms, to perform virtual depositions.[1] The practice has continued. As many have realized,
The National Labor Relations Board (the “NLRB”) has been waging a quiet, but unmistakable, war against employers, targeting non-solicitation, non-compete, and non-disparagement clauses, as well as other employment
