Eighth Circuit Court Upholds Wholesale Power Contract Terms, Reinforces Plain Language Interpretation

In a recent legal development, the US Court of Appeals for the Eighth Circuit confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives. The case in question, Dakota Energy Cooperative, Inc. v. East River Electric Power Cooperative, Inc., 75 F.4th 870 (8th Cir. 2023),…

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Emerging Blockchain and Web3 Technologies: Legal Implications and Insights in September 2023

The legal world remains as dynamic as ever in September 2023, with blockchain and related technologies taking pole position in shifting paradigms. Notable lawyers at Polsinelli, a renowned law firm, share some illuminating insights on developments in these areas within their regular column, the Blockchain+ Bi-Weekly. Gathered from their experiences at the crossroad of code,…

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Navigating Complexities: Mitigating Conflicts in Family-Owned Businesses and Trusts

A family-owned business or a trust can both be highly valuable yet associative with inevitable troubles. These entities, representing important economic engines, have displayed a noteworthy tendency to turn into arenas of dissent, particularly when they coincide. Legal professionals within the corporate sector should remain attuned to these oft-found predicaments, which can evolve to be…

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Navigating Arbitration Clauses: Strategies for Drafting and Enforceability in a Class Action Landscape

The legal landscape is always dynamic. It morphs and evolves to reflect regulatory changes, significant case judgments and approaches to justice. On October 3rd, at 10:00 am PT, there is a webinar that captures these trajectories. “Arbitration and Class Action Waivers: A Vision of a Classless Society” offers legal professionals an opportunity to examine one…

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Seventh Circuit Decision Shifts Landscape for No-Hire and Non-Solicitation Clauses in Franchise Agreements

On August 25, 2023, the Seventh Circuit Court of Appeals changed the rules of the game with the ruling on Deslandes v. McDonald’s. The case, which initially was dismissed by a district court, questioned the legality of no-hire and non-solicitation clauses included in McDonald’s franchise agreements. The full details of the case can be found…

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Navigating the Complex Intersection of Fundamental Research and National Security

In recent times, the intersection of fundamental research and national security has attracted attention and changes in legislation. The gravity of this subject was recently explored in an article published on JD Supra. According to the JD Supra report, the National Center for Science and Engineering Statistics (NCSES) states that the U.S. research universities’ scientific…

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Navigating Court-Ordered Arbitration: Key Strategies for Success in a Pandemic-Era Legal Landscape

As the pandemic continues to overwhelm court dockets globally, several courts have turned to a method of dispute resolution known as court-ordered arbitration to manage the surge in lawsuits. This method seeks to resolve lawsuits without proceeding to trial, therefore easing the strain on the legal system. According to an article on JDSupra, legal professionals,…

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Public Contract Law and Procurement Developments: Key Insights from Hogan Lovell’s Paris Office

In a recent legal update, the Public Law team at Hogan Lovell’s Paris office presented an analysis of recent French and European developments regarding public contract law and public procurement law. The analysis provided in the update touches on court decisions and regulatory texts from the past two weeks. This comprehensive analysis, which is available…

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Ironclad Introduces AI Chat Interface for Complex Contract Analysis and Enhanced Transparency

Contract management company Ironclad is set to introduce a chat interface for complex contract analysis, aiming to reveal the process of artificial intelligence’s (AI) decision-making. The interface, known as Ironclad Contract AI (CAI), breaks down multifaceted analyses into subtasks, building the next set of tasks from the insight gained. The beta launch is slated for…

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Shift in SBA Guidelines Impacting Small Business Subcontracting for Mentor-Protégé Joint Ventures

Recent regulatory adjustments by the U.S. Small Business Administration (SBA) have led to a shift in how large businesses can accrue small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). The final guidelines put forth by the SBA stipulate that, when a substantial federal prime contractor issues subcontracts to its own MPJV,…

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First State Legislation Requires Strict Contract Terms for Independent Contractors: Analyzing Illinois’ Groundbreaking Move

Last month, Illinois entered the historical record books by becoming the first state to enact legislation that compels companies using independent contractors to provide contracts with strictly prescribed terms. Particularly pertinently, this law states that these freelance contractors are to be paid all their fees within a set number of days. According to an insightful…

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NLRB Rulings Reinforce Union Bargaining Power, Impacting Employers’ Unilateral Decisions

In a pair of decisions issued on August 30, 2023, the National Labor Relations Board (NLRB) has introduced restrictive standards for assessing when a unionized employer can evade bargaining over alterations to employees’ terms and conditions of employment grounded on “past practice.” The new stipulations, reportedly, are a departure from the employer-friendly legal standard established…

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DOL’s Proposed Overtime Rule Changes to Impact 3.4 Million Workers and Legal Practitioners

In a recent move that could potentially impact an estimated 3.4 million workers, the U.S. Department of Labor (DOL) has announced its Notice of Proposed Rulemaking (NPRM) concerning updates to the Fair Labor Standards Act’s (FLSA) overtime regulations. This most notable aspect of this proposal is the planned increase in the weekly salary level threshold…

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Second Circuit Court Clarifies Boundaries Between Contracts and Securities in Syndicated Loans

In a significant ruling in the realm of securities law, the United States Court of Appeals for the Second Circuit reaffirmed a judgment from the United States District Court for the Southern District of New York. The court’s decision dismissed allegations brought under state securities laws against certain banks acting as the arrangers (“Defendants” or…

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COVID-19-Related Expenses Awarded to Fixed-Price Contract Contractor: Implications and Precedents

In an intriguing development, the Armed Services Board of Contract Appeals (ASBCA) has seen fit to award COVID-19-related expenses to a contractor working under a fixed-price contract, in the case of StructSure Projects, Inc. This information is found here. Though detailed information regarding the entire context of this case may not currently be accessible, certain…

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