Supreme Court Rules Registration, Not Just Application, Required to Sue for Copyright Infringement

United States Copyright law protects authors of creative works against unwanted copying, distribution, and other acts of infringement. While registration is not required to have rights, federal courts have historically been split on whether registration is required in order to file an infringement lawsuit. However, on Monday, the Supreme Court ruled once and for all […]

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US Supreme Court Upholds Employment Agreements Forbidding Class Actions and Requiring Individual Arbitration of Employment Disputes

In a 5-4 decision, a sharply divided U.S. Supreme Court today upheld the enforceability of widely used but controversial clauses in employment agreements, which require employees to forgo the possibility of proceeding collectively, and oblige them to resolve any disputes with their employers through individual arbitration. In the case of Epic Systems Corp. v. Lewis, which […]

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Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences”

  “Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine of “avoidable consequences”, also sometimes referred to as the […]

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It’s Time to Batten Down the Construction Site in Anticipation of Severe Weather

Hurricane season begins on June 1. Construction companies have a legal obligation to exercise reasonable care to protect and secure their job sites in anticipation of severe weather. Unsecured construction debris, tools, equipment or materials can be blown from the site and strike other property or persons. Taking reasonable precautions can help prevent or minimize […]

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