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DOD Implements Restrictions On Employee/Contractor Agreements Requiring Arbitration

Client Alert | 1 min read | 05.19.10

With a broad exclusion for commercial items contracts, on May 19, 2010, DoD issued an interim rule, effective immediately, implementing section 8116 of the FY2010 Defense Appropriations Act, prohibiting the use of appropriated funds for contracts, task/delivery orders, or bilateral modifications in excess of $1 million unless the contractor agrees not to enforce or enter into agreements with employees or independent contractors that require arbitration of certain civil rights claims or numerous tort actions arising out of or relating to sexual harassment. Effective as of June 17, 2010, no appropriated funds may be expended unless the contractor certifies that it requires each covered subcontractor to meet the same conditions with respect to any employee/contractor performing work on the subcontract.

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Client Alert | 3 min read | 10.30.25

Is Course Hero Heading to Summer School After Summary Judgment Loss?

On September 23, Judge Vernon D. Oliver partially granted and partially denied the defendant’s motion for summary judgment in Post University Inc. v. Learneo, Inc., 3:21-cv-1242 (VDO) (D. Del. Sept. 23, 2025). For background, the defendant in this case, Learneo, Inc. (commonly known as Course Hero), is an online platform for college, trade, and high school students that provides access to user-submitted documents via a paid subscription. Course Hero allows users to search the documents that have been uploaded by school, textbook, book title, and subject, but only users with a subscription can view the documents. Users without a subscription may access a preview version of the document, consisting of a blurred and truncated version created by Course Hero. Course Hero users have uploaded documents to the platform for many thousands of colleges, grad schools, high schools, and trade schools....