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Regulatory Developments: EPA Releases “Waters of the U.S.” (WOTUS) Replacement Rule Proposal
  • Bergeson & Campbell PC
  • USA
  • December 11 2018

On December 11, 2018, the U.S. Environmental Protection Agency’s (EPA) Acting Administrator Andrew Wheeler announced EPA’s and the U.S. Army Corps of


North Dakota Supreme Court Clarifies Breadth of Contractual Liability Coverage
  • Hunton Andrews Kurth LLP
  • USA
  • October 9 2018

North Dakota’s highest court delivered a blow to Mid-Continent Casualty Company in Borsheim Builders Supply, Inc. v. Manger Insurance Co., ruling that


Budding Developments: North Dakota to Legalize Recreational Marijuana?
  • Seyfarth Shaw LLP
  • USA
  • August 24 2018

Just two years ago, North Dakota voters passed medical marijuana legalization with 64 percent support. Now, North Dakota could join a number of


Federal Court Affirms Decision to Lift Stay on Litigation Challenging WOTUS Rule
  • Vorys Sater Seymour and Pease LLP
  • USA
  • May 2 2018

On May 1, 2018, a federal judge for the U.S. District Court for the District of North Dakota affirmed a Magistrate’s decision to lift the stay on a


Do Not Pass “Go” You Out-of-State, Unlicensed Contractor
  • Burr & Forman LLP
  • USA
  • March 20 2018

I forgot how much fun it was playing family board games as a child. We recently dusted off some of the oldies like Sorry, Life and Monopoly to play


North Dakota Rejects Choice of LawForum Selection Provisions for Non-Compete Agreements
  • Fredrikson & Byron PA
  • USA
  • March 15 2018

Frequently, the buyer of a business will want to ensure that the seller does not simply take the money from the sale and open up a competing business


Supreme Court of North Dakota: where contract provided that either party could cancel upon 30 days’ notice, the non-breaching party seeking lost profits could only recover the lost profits it would have earned during the notice period
  • Pepper Hamilton LLP
  • USA
  • March 8 2018

In 2013, Continental Resources Inc. (“Continental”), an oil producer doing business in North Dakota, entered into a master servicing agreement


What to Expect in Environmental Regulation for 2018
  • McGuireWoods LLP
  • USA
  • January 31 2018

Deregulation was one of the primary promises of President Trump’s campaign, and the administration has been keeping that promise, particularly as it


Agencies Move Quickly to Delay Applicability of 2015 WOTUS Rule Following Unanimous Supreme Court Decision
  • Hunton Andrews Kurth LLP
  • USA
  • January 30 2018

On January 22nd, the Supreme Court issued a unanimous (9-0) decision, authored by Justice Sotomayor, agreeing with industry groups, some eNGOs, and


On Second Thought State Supreme Court Questions Key Noncompete Drafting Strategy
  • Barnes & Thornburg LLP
  • USA
  • December 18 2017

As I have written here many times, a key dynamic in the drafting and enforcement of noncompete agreements are the distinctions between different