In a significant turn of events, the U.S. Court of Appeals for the Fifth Circuit has revised its long-standing test to define what adverse actions can substantiate an employee’s Title VII claim. The court arrived at this decision on August 18, 2023. As per Title VII, an employee alleging a discrimination claim is required to…
An Illinois federal judge recently awarded a dietary supplement owner almost $550,000 in disgorged profits as damages stemming from a trademark infringement case. A jury found the proprietors of a rival company individually culpable for the sale of a similarly packaged product that breached the claimant’s trademark. This landmark judgement underscores the significant legal implications…
Orrick, Herrington & Sutcliffe LLP, a recognized global law firm, is facing another lawsuit following a spring data breach that enabled unauthorized access to personal information of close to 153,000 people. The accessed data includes highly sensitive information such as Social Security numbers, names, addresses, and birth dates. This is now the second lawsuit that…
An intriguing case has recently emerged from the North Carolina Business Court involving a former division vice president at a notable HVAC company. This individual allegedly took the audacious step of throwing his driver’s license at a court reporter and is now also enmeshed in accusations of refusing to comply with a settlement agreement he…
The former dean of Michigan State University’s business school has recently disputed a move by the university to have his employment lawsuit dismissed, citing a “devastating” assesssment of the university leadership outlined in a report by a law firm. Details of the case continue to unfold, with direct and indirect implications for the corporate legal…
Pharmaceutical giants Pfizer and BioNTech have recently initiated a challenge to two of the three COVID-19 vaccine patents held by Moderna. Recorded at the Patent Trial and Appeal Board, the pair claim that the patents held by Moderna possess ‘unimaginably broad’ claims which they believe to be invalid due to obvious and expected properties of…
In a potentially significant ruling, a Brooklyn federal judge has advised that the trademark infringement action against actor John Krasinski’s production company be dismissed. The recommendation for dismissal hinges on the plaintiff’s flagrant disregard for crucial deadlines, specifically those attached to the discovery process. The parties embroiled in this trademark case are Krasinski’s company and…
In a recent development which highlights the intricacies of copyright law within the digital age, owners of the theme song for the popular 1996 film “Space Jam,” performed by Quad City DJ’s, have launched a copyright infringement lawsuit. The suit, filed on Monday in a Wisconsin federal court, targets a Minor League Baseball team for…
After successfully fending off a patent infringement suit from headphone maker Taction Technology Inc., tech titan Apple Inc. is now seeking compensation to cover its legal expenses. As presented in a recent request lodged with a California federal judge, Apple is requesting a sum of approximately $5 million to cover attorney fees and expert costs…
The California State Bar is moving to put indicted attorney David Lira, formerly with Girardi Keese, on inactive status. This would restrict his ability to practice law as he defends against charges in an Illinois federal court, as stated by a bar prosecutor. This issue is related to the application of the California Business &…
In a notable decision, the U.S. Court of Appeals for the Federal Circuit has reviewed the application of the Contract Disputes Act’s (“CDA”) requirement for claims to state a “sum certain”. The case, ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), posed vital questions regarding…
On August 7, 2023, the Illinois Department of Labor (IDOL) filed Emergency Rules, implementing amendments to the Illinois Day and Temporary Labor Services Act. These Emergency Rules took effect immediately and served to unravel complexities present in the pre-existing legislation. This execution was reported by the highly regarded law firm, Littler. The Illinois Day and…
On August 22, 2023, the FDA’s Center for Tobacco Products (CTP) organized a virtual listening session to discuss the development of its strategic plan. The session was attended by the Troutman Pepper Tobacco + Nicotine Team and was geared towards forming a finalized five-year strategic plan by December 2023. This process was earlier reported by…
Among the significant developments in the loan markets and loan funds industries, the regulatory and judicial happenings such as the Private Fund Adviser Rule and the Kirschner decision command considerable attention. On a recent Tuesday, a shift in mood was palpable among lenders and borrowers. The concern was about an impending world where syndicated and…
In recent legal news, an intriguing incident surfaced where a partner seemed to be in a hot spot for simply encouraging some time off. The partner came under fire for what some insist was a harmless suggestion, pointing towards taking a vacation. This raises the question, was the statement really that atrocious? Simultaneously, a disturbing…
In an unexpected turn of events, the apparel company renowned for its innovative ‘Comfy’ wearable blanket has lost its rights to two of its design patents. The decision emerged after a priority date ruling in Arizona federal court, after which the company’s own designs were invalidated by prior art accusations. The company, which had its…
In an unprecedented development in the world of professional basketball, the New York Knicks are bringing the Toronto Raptors to court, accusing them of stealing confidential and proprietary information. The Knicks’ complaint, brought before the Southern District of New York, alleges that the Raptors obtained confidential data through former Knicks employee, Ikechukwu Azotam. The information…
In a recent development, a panel of the U.S. Court of Appeals for the Ninth Circuit held that a student loan borrower’s claim alleging violation of the Fair Debt Collection Practices Act (FDCPA) was not time-barred due to the timing of the collection action filing. This decision resulted in a reversal of the lower court’s…
New developments in control on outbound investments hold potential implications for investors, as President Biden’s recently signed executive order lays out regulations on American investments in certain national security technologies and products in countries of concern. The executive order, both eagerly anticipated and hotly debated among international investment circles, was signed into law by the…
The Federal Deposit Insurance Corporation (FDIC) has announced an upcoming meeting of its Board of Directors. Set to convene next week, the group will review and discuss several important issues and proposals that have potential implications for large bank holding companies, certain intermediate holding companies of foreign banking organizations, and large insured depository institutions. Notably,…
On August 25, 2023, PurFoods, LLC, parent company of Mom’s Meals, announced a significant data breach affecting over 1.2 million consumers. This disclosure was made after the company discovered that an unauthorized third party had gained access to confidential consumer information stored on the firm’s computer network, as detailed in a notice filed with the…
On August 23, 2023, the US Securities and Exchange Commission (SEC) approved a comprehensive set of new rules and amendments in relation to the Investment Advisers Act of 1940. In a closely contested vote of 3-2, the SEC ushered in changes that could prove transformative in the regulation of private fund advisers. These revisions, encased…
In a notable evolution of labor laws, the National Labor Relations Board (NLRB) has put forth a Final Rule altering union election processes. Known colloquially as “Ambush” or “Quickie” elections, this recent regulation appears to be significantly more union-friendly. The issuing of this Final Rule on August 24, 2023, underlines the continuance of an evolving…
The Flint water crisis litigation has added another layer of intrigue. Two attorneys have lodged a plea with a Michigan federal judge, aiming to halt their former colleague from allegedly absconding with a $1 million fee attached to the case. They argue that her actions contradict an agreement established during their firm’s division in 2017….
In an eagerly awaited decision, the Second Circuit has resolved the debate on whether a syndicated term loan qualifies as a “security”, decisively announcing “no”. On August 24, the Court of Appeals for the Second Circuit established its ruling, upholding the lower court’s holding in Kirschner that leveraged loans are not securities. The Securities and…