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Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite Supervision

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc. (“McMillin”) was the developer...By: Sheppard Mullin Richter & Hampton LLP
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Delaware Court Of Chancery Grants Shareholder's Post-Merger Books And Records Demand, Finding "Credible Basis" To Investigate Merger Process

On August 28, 2019, Vice Chancellor Kathaleen S. McCormick of the Delaware Court of Chancery granted a shareholder’s demand under 8 Del. C. § 220 to inspect the books and records of defendant GGP Inc. for the purpose of investigating potential...By: Shearman & Sterling LLP
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Shearman & Sterling LLP | Sep 05,2019 |

Intellectual Property Considerations and Guidance for Start-Ups: Trade Secrets

When many people think of trade secrets, they envision something mysterious and legendary—such as the original Coca-Cola formula locked in an Atlanta vault, or Col. Sanders’ recipe for fried chicken. But many companies have proprietary information...By: Womble Bond Dickinson
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Womble Bond Dickinson | Sep 05,2019 |

Key California Employment Law Cases: July 2019

This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....By: Payne & Fears
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Payne & Fears | Sep 04,2019 |

Antitrust Enforcers Target Securities Transactions for Violating the HSR ACT

U.S. antitrust enforcers continue to seek stiff penalties from companies that commit “gun jumping” by closing certain securities transactions without reporting them to the Federal Trade Commission (FTC) and United States Department of Justice (DOJ),...By: Polsinelli
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Polsinelli | Sep 04,2019 |

California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recording Mechanics Lien

California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Sep 04,2019 |

California Governor Expresses Support for Amended Misclassification Bill

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees” under California state...By: Littler
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Littler | Sep 04,2019 |

[Video] Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider

Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video, Fenwick employment litigation partners...By: Fenwick & West LLP
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Fenwick & West LLP | Sep 04,2019 |

Third Point to pay monetary penalty to settle allegations of HSR Act violations

On 28 August 2019 investment advisor Third Point LLC (Third Point) and three funds under its control – Third Point Partners Qualified L.P., Third Point Ultra, Ltd., and Third Point Offshore Fund Ltd. (collectively, the Third Point Funds) – entered...By: Hogan Lovells
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Hogan Lovells | Sep 04,2019 |

Religious Institutions Update: September 2019

Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject to dissent by Judges Ryan...By: Holland & Knight LLP
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Holland & Knight LLP | Sep 04,2019 |
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