Merchant Cash Advance (MCA) agreements continue to proliferate as an alternative funding mechanism for small and mid-size businesses. MCA transactions are typically structured as a purchase and sale of future receivables, not a loan. However, when a merchant files for
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Religious Accommodations: A New Roadmap for Employers
By Lathrop GPM
Requests for religious accommodation can present difficult questions for employers — particularly multi-state employers subject to different state and local requirements. How much information can an employer request? How should an employer evaluate the request? What accommodations must be considered?…
Employment Law Series: Performance Management
By Lathrop GPM
Minnesota Court of Appeals Reinforces Finality of Probate Decrees Despite Procedural Errors
By Lathrop GPM
In a significant decision for estate litigators, fiduciaries and beneficiaries, the Minnesota Court of Appeals recently reaffirmed the strong public policy favoring finality in probate proceedings. In In re Estate of Clarence Vatthauer, the court held that a district…
Ahead of the Spore: Proactive Strategies & Litigation Defense for Campus Housing
By Lathrop GPM
Attention: Federal Contractors – Compliance Update
By Lathrop GPM
Federal contractors and subcontractors should remain mindful that their obligations relating to protected veterans remain in full force despite developments affecting other federal contractor compliance requirements. In particular, covered employers should be preparing now for the upcoming VETS-4212 filing deadline…
Federal Circuit Decision Affirms Written Description Support for Broad Crystalline Salt Genus Claims
By Lathrop GPM
In a precedential ruling on August 31, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed a District of Delaware judgment that the claims of three Exelixis patents covering the cancer drug Cabometyx® (cabozantinib) were not invalid for…
California Court of Appeal Holds Post-Term Noncompete Unenforceable Under California Law Despite New Jersey Choice-of-Law Clause
By Lathrop GPM
A California Court of Appeal affirmed a summary judgment ruling that rejected various competition claims brought by CBD Franchising, Inc. (CBDF), franchisor of the Closets By Design custom closet businesses, against One Day Doors & Closets, Inc. CBD Franchising, Inc.…
Colorado Federal Court Denies Franchisor’s Request to Enforce Post-Term Noncompete
By Lathrop GPM
The U.S. District Court for the District of Colorado denied SP Franchising, LLC and SP IP, LLC’s (collectively, SpeedPro) motion for a preliminary injunction against former franchisee 3FM, L.L.C., finding that SpeedPro failed to establish a likelihood of success on…
Kentucky Federal Court Stays Papa John’s Cambodia Development Suit for Arbitrator to Decide Arbitrability
By Lathrop GPM
A federal court in Kentucky denied Jiandong (Peter) Xu’s motion to dismiss Papa John’s suit for lack of personal jurisdiction but stayed the action for an arbitrator to decide whether Papa John’s claims were subject to arbitration. Papa John’s International,…