Insights: 2025
2025 197 articles
- Claim preclusion in practice
- Res judicata and collateral estoppel
- Requests for production of documents
- Requests for admission
- The representations a buyer asks for
- Representations and warranties: not the same thing
- Representation and warranty insurance
- Recovering specific property
- Rental registration and inspection programmes
- Removal to federal court and remand
- Employing remote workers across state lines
- Remittitur and additur
- Electing among remedies
- Remediation after findings
- Relief from a judgment
- Relevance and the balancing test
- Drafting a release
- Rehearing and en banc review
- Relying on regulatory guidance
- Preparing for a regulatory examination
- Supervisory findings and enforcement actions
- Selective disclosure
- Electronic transfer error resolution
- Funds availability and holds
- Giving references without creating liability
- Hiring from a competitor
- Selecting for a reduction in force
- Reductions in force: the analysis to do before, not after
- Bad boy guaranties
- Public records retention
- The documents that decide business disputes
- Records retention schedules
- Recording acts and priority
- Receivers in mortgage enforcement
- Receivership
- Receivership as a collection remedy
- Recapitalising a company
- Recall, removal and vacancies
- Reasonable expectations in a closely held company
- Reasonable accommodation and the interactive process
- Reading an appellate opinion
- Reading a financial statement in a dispute
- Reading a court docket
- Reading a commercial contract
- Quiet title actions
- Qualified immunity
- Put and call rights
- Purchase orders and acknowledgements
- Purchase money security interests
- Contingencies in a commercial purchase agreement
- Constitutional limits on punitive damages
- Published and unpublished opinions
- Payment on public projects
- Public sector labour relations
- Police and public safety liability
- Public-private partnerships
- Wrongful discharge in violation of public policy
- Public forum doctrine
- Disciplining a public employee
- Speech by public employees
- Speech and association rights of public employees
- Public construction contracting
- Moderating a government page
- Running a public meeting
- Authority to bind a public body
- Proxy contests and activist campaigns
- Provisional directors and custodians
- Protective orders and confidentiality designations
- Protected concerted activity
- Challenging a property tax assessment
- Property management agreements
- Promissory estoppel
- Profits interests
- Proffer agreements and their limits
- Professional entities
- Procedural due process
- Classifying a problem loan
- Extending privilege to consultants
- Waiving privilege, and how far the waiver goes
- Technology-assisted review
- Producing a privilege log
- Privilege log
- Privilege among multiple parties
- Keeping an internal investigation privileged
- Privilege for in-house lawyers
- Producing privileged material to a regulator
- Offering documents for a private raise
- Forming a private fund
- State consumer privacy statutes
- Consumer financial privacy and information sharing
- Primary jurisdiction
- Preserving issues for a higher court
- Preserving error: the appellate work done at trial
- Preserving constitutional claims for review
- Preservation, waiver and plain error
- Preparing a company for sale
- Premises liability
- Preliminary injunction
- Pregnancy, childbirth and related conditions
- Liquidation preferences
- Defending a preference claim
- Preemptive rights and anti-dilution protection
- Predictive scheduling laws
- Pre-negotiation agreements
- Authority documents for absent owners
- Motions after a verdict
- Examining a judgment debtor
- Collecting a judgment
- Working capital adjustments
- Post-closing obligations
- Integration after an acquisition
- Post-closing disputes
- Law enforcement records
- What a complaint has to allege
- Practice before a planning commission
- Planned unit developments
- Piercing the corporate veil
- Phantom equity and appreciation rights
- Petitions for discretionary review
- Personnel records
- Personal jurisdiction
- Personal jurisdiction over out-of-state businesses
- Enforcing a guaranty
- Personal guaranties: what actually discharges one
- Managing the permitting process
- Documenting performance
- Performance improvement plans
- Perfecting a security interest
- Percentage rent, gross versus net leases
- Payment and performance bonds
- Pay transparency and equal pay obligations
- Party walls
- Accidental partnerships
- The parol evidence rule
- Parallel criminal, civil and regulatory proceedings
- Paid sick and safe leave
- Out-of-court restructuring
- Handling a safety inspection
- Prosecuting an ordinance violation
- Oral argument
- Options, rights of first refusal and rights of first offer
- Repricing and refreshing employee equity
- Opt-outs and mass actions
- Remedies for shareholder oppression
- Opposing summary judgment
- Development incentives and abatements
- What an operating agreement should actually say
- Opening statements
- Open source compliance
- Remote participation and the open meetings rules
- Open meetings and public records
- Online reviews and platform immunity
- Officer and director departures
- Who can bind the company
- Indemnification agreements
- Offers of judgment and cost-shifting settlement rules
- Offer letters
- Off-the-clock work and remote timekeeping
- Sanctions screening and OFAC compliance
- Private nuisance
- Novation
- Notice provisions: the clause that voids terminations
- Giving notice under a contract
- Nonprofit governance
- Nonconforming uses
- No-hire and employee non-solicitation clauses
- Non-solicitation clauses: narrower, and more likely to hold
- Non-disparagement clauses
- Confidentiality in a sale process
- Choice of law in restrictive covenant disputes
- Noise regulation
- Petitioning immunity
- Net lease investment diligence
- Negotiating a commercial settlement
- Negligent misrepresentation
- Negligent hiring, retention and supervision
- National origin discrimination and language policies
- Public notice in the digital era
- Property tax limitations and millage
- Competitive bidding and municipal contracts
- Managing litigation for a public body
- Municipal insurance and risk pools
- How a municipality borrows
- Continuing disclosure for municipal issuers
- Municipal financial oversight
- Consolidated pretrial proceedings
- Multi-party and multi-contract arbitration
- Motions to compel discovery
- Motions in limine
- Motion to dismiss
- Mortgage servicing requirements
- Outside employment and conflicts
- Monitors and independent consultants
- Municipal liability for constitutional violations
- Condominium and mixed-use structures
- Mixed motive claims
- The duty to mitigate
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Written by the Esshaki Legal Media Team. Questions, corrections or inaccuracies: media@esshakilegal.com.