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For the Third Time, Supreme Court to Hear Mandatory Union Dues Arguments

News
The case, appealed by an employee of the state of Illinois, comes after the U.S. Court of Appeals for the 7th Circuit rejected his argument that the agency fee violated his rights under the First Amendment.

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Trump on Track to Nominate Record Number of 5th Circuit Judges

News
President Trump is on track to nominate more full-time judges to the U.S. 5th Circuit Court of Appeals than any other president, according to a post on the website of Androvett Legal Media & Marketing.

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Defense Scores Arbitration Win in Long-Running Construction Defect Fight in Texas

News
A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win.

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Sexual Harassment Roundtable: Practical Guidance for Employers

Webinar, March 1, 2018, 1 p.m. EST
Sexual harassment continues to be a significant workplace problem that has moved front and center with continuing prime-time media coverage.

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Remington Bankruptcy Could Put Rifle Settlement at Risk, Attorneys Say

News
Plaintiffs claim that Remington covered up a deadly design defect that allows the rifle — and a dozen similar models — to fire without the trigger being pulled.

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Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights

Insight
A Cadwalader, Wickersham & Taft post discusses a decision that underscores the limits on an implied covenant breach claim under Delaware law.

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‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

Insight
The “home country” provision provides that the party initiating arbitration must sue the other party in its home country, explains a post by Skadden, Arps, Slate, Meagher & Flom.

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Exxon’s Response to Climate-Change Case: Sue the Lawyers

Exxon’s Response to Climate-Change Case: Sue the Lawyers

News
One expert asks: Does Exxon really need these depositions or is Exxon seeking the depositions to harass mayors and city attorneys into dropping their lawsuits?

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On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

Insight
A federal district court has the authority to vacate an arbitrator’s class certification award based on the due process rights of absent class members, according to a post on the website of K&L Gates.

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Deans & Lyons Represents Family of Man Killed in Oklahoma Gas Well Explosion

News
The family of one of five workers killed in the Jan. 22 gas well explosion near Quinton, Oklahoma, has hired the Texas trial law firm Deans & Lyons, LLP.

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Company Blames Gibson Dunn in Aetna HIV Settlement Notice Fiasco

Company Blames Gibson Dunn in Aetna HIV Settlement Notice Fiasco

News
Gibson Dunn isn’t named as a defendant in the new suit, but the firm’s alleged involvement in the notification fiasco is mentioned throughout the complaint, says Reuters.

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Chevron Fights California Cities’ Climate-Change Lawsuits With ‘Creative Lawyering’

News
Adding foreign companies to the litigation is a tactical maneuver to keep the dispute out of state court, where the cities have more favorable prospects, and force it into federal court, reports The Los Angeles Times.

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Wynn Resorts Board Sued for Failing to Investigate Chief Executive

Wynn Resorts Board Sued for Failing to Investigate Chief Executive

News
The case is a derivative lawsuit, meaning any damages paid by Wynn and the other board members who are named defendants would be paid to Wynn Resorts, not directly to investors, according to Reuters.

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Download: E-Discovery Action Plan for 2018 – 6 Checklists

Download: E-Discovery Action Plan for 2018 – 6 Checklists

E-Book
Exterro has published a new E-Discovery Action Plan e-book that provides checklists, guides and tips to help optimize the e-discovery process.

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Will the Supreme Court Deal a Blow to Trade Unions?

Will the Supreme Court Deal a Blow to Trade Unions?

News
The case asks whether public employees who choose not to join their designated union may nevertheless be charged “agency fees” to support collective bargaining.

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A Third of Americans Are Leashed to Their Companies By Non-Disclosure Agreements

Insight
Amy X. Wang, writing for Quartz at Work, says the contracts have been steadily growing in both number and breadth as companies grow warier about competition and proprietary material.

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11th Circuit Benchslaps Biglaw Partner and District Court for Not Following Order

11th Circuit Benchslaps Biglaw Partner and District Court for Not Following Order

News
Above the Law examines a case in which a district court and a lawyer got into trouble with the 11th Circuit when the lower court took the lawyer’s advice not to apply the circuit’s ruling in a remanded case.

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Announcing Case in Point 2018 Webinar Series Schedule – Beginning Feb. 13

Announcing Case in Point 2018 Webinar Series Schedule – Beginning Feb. 13

Webinar, Feb. 13, 10 a.m. CST
Andrews Kurth Kenyon LLP will kick off its 2018 Case in Point Webinar Series on Feb. 13 with a webinar providing tips for implementing litigation holds and avoiding sanctions.

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Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration

Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration

Insight
Something more is required in order to be able to infer the employee’s knowing assent to the new term of employment, the Sixth Circuit ruled.

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Sexual Harassment Settlements are No Longer Tax Deductible

Insight
Settling gender, race, national origin, homosexuality, retaliation, and hostile workplace allegations confidentially is still a tax deductible event. BUT, Sexual harassment settlements are no longer tax deductible!

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