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SCOTUS Mows Down Yard-Man Inference

Businesses looking for areas to cut costs since the economic downturn have occasionally directed their gaze at employee benefits, either by requiring additional contributions from employees or by...

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SUPER BOWL TICKET FRAUD?

Every football fan dreams of watching his or her favorite team play in the Super Bowl. Attending that Super Bowl is an even bigger dream. As a Detroit Lions fan, I am not holding out much hope that I...

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PIRACY OF THE CENTURY?

The May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao was billed as the “Fight of the Century.”[1] It broke many records, including the record for pay-per-view viewership in the...

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WAIVING THE RIGHT TO ARBITRATION BY PARTICIPATING IN LITIGATION

Many business contracts have an arbitration provision that states something similar to: “any dispute arising out of or related to this agreement shall be subject to binding arbitration, not to a...

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College Athletes as Employees? Not so Fast, My Friend!

On August 17, 2015, one of the major sports law cases over the last two years came to a surprising close. The National Labor Relations Board (“NLRB” or “Board”) declined to exercise jurisdiction over...

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OHIO’S “ACTUAL KNOWLEDGE” REQUIREMENT FOR AGREEMENTS WITH AN ARBITRATION...

In Ohio, a party must have actual knowledge of an agreement that requires arbitration of disputes before that party can be compelled to arbitrate a dispute under the agreement.  Thus, merely posting a...

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Supreme Court Holds “Content-Based” Sign Code Unconstitutional; What Laws Are...

This past June, the U.S. Supreme Court issued a little-noticed, but major First Amendment decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). Although the case concerned a municipal sign code,...

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Amateurism is Dead, Long Live Amateurism?: Splitting the O’Bannon Baby

As its college football season is in full swing, National Collegiate Athletic Association (“NCAA”) finds itself as both the winner and loser on the questions of its amateurism rules and compensation to...

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The Power Prep – Effective Preparation of Your Client for a Deposition

Proactive defense strategies are essential to a successful defense of a deposition. Often, attorneys tasked with defending a deposition fail to take advantage of the deposition preparation session.  A...

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If You Practice in the Sixth Circuit, then It’s Time to Reassess Your...

The U.S. Court of Appeals for the Sixth Circuit just issued an opinion that should have all litigators who practice in its courts revisiting their preferred form of protective order to ensure that it...

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