Tag: Katie L. Otrando

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Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation Reduction Act, the federal government has encouraged substantial investment in the expansion of renewable energy resources in the United States. On the state level, different…
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Ed Sheeran’s Court Victory Adds Important Layer to Copyright Law

After almost five years of litigation, British singer-songwriter Ed Sheeran pulled out all the stops (and his guitar) to obtain victory over claims his 2014 song “Thinking Out Loud” infringed on the copyrights held by the estate of Ed Townsend, who co-wrote Marvin Gaye’s 1973 hit “Let’s Get it On.”[1] The lawsuit alleged that Sheeran…
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AIA Contracts Are Especially Best Measured Twice and Cut Once

In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down the road. An effective construction contract will provide performance, timing standards and set forth effective remedies and risk allocation should issues arise.…
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No Such Thing as Finders Keepers Among Attorney Referrals

Referral fees, or fee sharing, among attorneys have become so commonplace that it may be easy to forget about the headache that they can cause to attorneys and clients alike. Our focus today is on the potential consequences of unpermitted fee arrangements, also known as “finder’s fee” arrangements. These types of arrangements between attorneys are…
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Morgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate

The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules, specific to arbitration. Specifically, over the years, nine of the twelve circuit courts[1] have affirmed an arbitration-specific rule pertaining to waiver in…
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