Slingshots

The United States has worked diligently in recent years to publicly denounce human trafficking, address violations of human rights, and prevent the importation of goods produced from forced labor.[1] In 2021, the Uyghur Forced Labor Prevention Act (UFLPA) was passed...

Litigation against the government is costly in time and resources, and the scales are heavily weighted in favor of the government.[1] Beyond the general bias the courts can often show to the government, the government utilizes an extraordinarily powerful tool: seeking...

Federal[1] agencies adopted three thousand, two hundred, and seventy-three final rules in 2021 alone.[2] With each rule that was adopted, the Administrative Procedure Act (“APA”) required the Federal Government to follow the appropriate steps when reaching its...

On January 5, 2023,[1] the Federal Trade Commission proposed new rules which would impact nearly thirty million workers and their employers by banning non-compete clauses in all labor contracts.[2] Non-compete clauses limit workers from working for competing...

While attorneys understandably want to focus on the substantive merits of an action, the procedural question of what venue to litigate a case in can have substantial impacts on the likelihood of success.[1] And, transferring a case after its been filed can keep an...

The Department of Justice has created an unworkable regulatory scheme whereby companies that endeavor to comply with the International Trafficking in Arms Regulations forbidding the “export” of technical data to individuals without sufficient ties to the United States...

Every attorney is familiar with the stress of ensuring compliance with the various filing deadlines of their cases.[1] But sometimes, we watch in confusion as an opposing party’s filing date passes without so much as a peep from the other side. While I’m sure none of...

We’ve all experienced the joy of signing a waiver of liability before doing some activity; as practitioners, we’ve likely drafted countless waivers of liability to protect our clients from litigation.[1] And, as we all know, failure to read the contents of a waiver...

Certification[1] is a legislatively created procedure which empowers Minnesota state courts to answer a federal court’s question of state law.[2] There are many benefits to certifying questions, including relieving federal judges from having to decide important state...

Suing the government poses unique hurdles that plaintiffs who sue private citizens do not have to overcome.[1] If sovereign immunity does not bar their claims, then they must also avoid the procedural pitfalls designed to limit their ability to seek relief in court....