August 2023 – Page 158 – Legal News Feed

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Navigating Complexities: Federal Circuit Overturns Board Decision on Sanofi-Aventis Patent

Pieter Gunst3 years ago02 mins

The Federal Circuit recently overturned a Patent Trial and Appeal Board (“Board”) decision, which had declared certain claims of Sanofi-Aventis’ ‘614 patent as evidently unpatentable. This significant move indicates the ongoing dynamism and challenges surrounding legal decision-making in the world of intellectual property. [Read more here.] The patent under examination was owned by Sanofi-Aventis Deutschlan…

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SEC Adopts Rule 2a-7 Reforms, Signaling Shift in Money Market Fund Regulation

Pieter Gunst3 years ago02 mins

In a remarkable decision by a split vote of 3 to 2, the Securities and Exchange Commission (SEC) approved substantial changes to Rule 2a-7, in addition to other rules pertaining to money market funds under the Investment Company Act of 1940 on July 12, 2023. The SEC development centered on several elements, chief among them…

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US Government’s Tri-Seal Compliance Note Clarifies Framework for Corporate Voluntary Self-Disclosure

Pieter Gunst3 years ago03 mins

On July 26, 2023, the U.S. Department of Justice’s (DOJ) National Security Division, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Tri-Seal Compliance Note regarding the self-disclosure of potential violations of U.S. sanctions and export controls, as…

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Fox News Accuses Smartmatic of Fabricating Controversy in Defamation Lawsuit

Pieter Gunst3 years ago02 mins

In continued coverage of the ongoing legal battle between Fox News and Smartmatic, recent court filings suggest a significant escalation. According to court documents, Fox News lawyers have accused Smartmatic, a voting technology company, of creating a controversy where there is none in their ongoing defamation lawsuit. The lawsuit surfaced following claims Fox aired in…

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European Court of Justice Overturns Telecom Merger Ruling: Implications for Antitrust and Competition Law

Pieter Gunst3 years ago03 mins

The latest regulatory news emerging from Brussels suggests significant developments in antitrust and competition law, especially within the telecom sector. In a ruling handed down on 13 July 2023, the European Court of Justice (ECJ) overturned a previous judgment by the General Court that had annulled a prohibition decision by the European Commission. This high-stakes…

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Opportunity to Decrease PBGC Premiums for Defined Benefit Pension Plans in 2023

Pieter Gunst3 years ago02 mins

Single-employer defined benefit pension plans currently adopting the “alternative method” for ascertaining the Pension Benefit Guaranty Corporation (PBGC) premiums have an opportunity to take steps that may notably decrease their PBGC premiums for the year 2023. The window for this action is limited and requires action before the due date for PBGC premiums for the…

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Exploring Troutman Pepper’s Weekly Consumer Financial Services Newsletter: Insights and Updates for August 2023

Pieter Gunst3 years ago03 mins

Troutman Pepper, a leading law firm with a deep focus on Consumer Finance Services, recently released their Weekly Consumer Financial Services Newsletter for August 2023. The firm continues its tradition of providing updated insights on proceedings impacting the Consumer Finance Services industry at both federal and state levels. In their most recent newsletter, Troutman Pepper…

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SEC Seeks to Address Predictive Data Analytics Conflicts in Broker-Dealer and Investment Adviser Regulations

Pieter Gunst3 years ago03 mins

The U.S. Securities and Exchange Commission (SEC) recently proposed new rules and amendments that may have significant impacts on broker-dealers and investment advisers. The initiative is aimed at addressing potential conflicts of interest that arise from these professionals’ use of predictive data analytics, among other related technologies, in their interactions with investors. From a briefing…

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Redefining Redemption Rights: Luxor Capital Group v. Altisource Asset Management Decision Sparks Global Impact

Pieter Gunst3 years ago02 mins

The legal world was recently rattled by a decision from Appellate Division of the New York Supreme Court in Luxor Cap. Grp. LP v. Altisource Asset Mgmt. Corp. It was a case that stoked significant interest from global corporations and law firms alike, as it dealt with a critical matter concerning redemption rights in investment…

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Swiss Citizens Vote in Favor of Carbon Neutrality by 2050 with Climate and Innovation Act

Pieter Gunst3 years ago03 mins

In a significant display of public will, Swiss citizens have voted in favor of a new climate law aimed at achieving carbon neutrality by 2050. The legislation, known as the Federal Act on Climate Protection Targets, Innovation and Strengthening Energy Security or the Climate and Innovation Act, was passed on June 18, 2023. The Climate…

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ERISA Excessive Fee Cases Endure Dismissal Motions Amid Evolving Legal Landscape

Pieter Gunst3 years ago02 mins

Heightened attention is currently being paid to ERISA excessive fee cases as many continue to withstand dismissal motions. Cases falling under the Employee Retirement Income Security Act of 1974 (ERISA) revolving around excessive fees have been able to push past these procedural hurdles at a remarkably high rate, drawing the focused consideration of legal professionals…

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Pump and Dump Schemes Enter Digital Era: Social Media’s Impact on Securities Exchange Act

Pieter Gunst3 years ago03 mins

Corporate law saw an intriguing case arise recently when the U.S. District Court for D.C. refused to dismiss a lawsuit implicating an alleged “pump and dump scheme”. This case brought a fresh perspective as it involved contemporary elements like tweets and emojis, effectively casting a new light on the application of Sections 13(d) and 14(d)…

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High-Quality Backlinks: A Vital Component for Law Firm SEO Success

Pieter Gunst3 years ago03 mins

Search Engine Optimization (SEO), a crucial tool for digital visibility in today’s tech-centric world, involves employing multitude strategies, one of which is acquiring high-quality backlinks. This method has consistently proven itself to be effective for increasing a law firm’s website ranking and visibility on search engines, despite the ever-changing rules of SEO. Simply put, backlinks…

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Robinson & Cole LLP and Recruiter Lock Horns Over Contract Interpretation in Lawsuit

Pieter Gunst3 years ago02 mins

In an unfolding legal scenario, Robinson & Cole LLP and a recruiter are seeking to prevent early victories in a breach of contract lawsuit. Both parties have requested this from a Connecticut federal judge. The law firm is disputing the recruiter’s interpretation of the contract while the recruiter argues that the firm is overlooking the…

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Navigating the Evolving Landscape of Ohio High School Sports: OHSAA’s Referendum and Its Implications

Pieter Gunst3 years ago03 mins

In recent news, an annual referendum by the Ohio High School Athletic Association (OHSAA) has brought high school sports under the limelight. The referendum, effective from August 1, 2023, has resulted in a series of changes which has affected nearly 800 high schools in Ohio. To navigate the evolving landscape of Ohio’s high-school sports realm,…

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Cayman Islands’ Restructuring Officer Regime: A New Era of Corporate Recovery and Debtor Protection

Pieter Gunst3 years ago03 mins

The Cayman Islands recently exhibited its agile approach towards corporate restructuring, intending to further protect creditor and debtor rights while contributing to efficient cross-border restructuring operations. In an update to the Companies Act on August 31, 2022, the Cayman Islands introduced a regime which allows corporations to choose the appointment of a restructuring officer. The…

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Texas Court Halts CFPB Rule on Lending Data Collection for Women-Owned, Minority-Owned, and Small Businesses

Pieter Gunst3 years ago03 mins

On Monday, the contentious issue regarding the implementation and enforcement of the Consumer Financial Protection Bureau’s (CFPB) final rule gained a preliminary injunction issued by a Texas federal district court, according to this article. The lawsuit challenging the validity of the Rule was based on Section 1071 of the Dodd-Frank Act. Nevertheless, this injunction was…

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Navigating the Legal Landscape: PFAS-Related Lawsuits and Implications for Consumer Product Industries

Pieter Gunst3 years ago03 mins

The rise in claims regarding per- and polyfluoroalkyl substances (PFAS) has caught the attention of many legal professionals, especially those engaged in the consumer products sector and related industries. Manufacturers, distributors, and retailers are amongst those being targeted by these lawsuits, increasing the necessity to comprehend the nature and types of these PFAS claims. Recent…

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Effective Mediation Strategies Explored in Point-Counterpoint Dialogue Between Attorneys and Mediators

Pieter Gunst3 years ago03 mins

When trying to resolve disputes, lawyers and in-house counsel alike must often grapple with the question of when the best time is to engage in mediation. This conundrum, among other mediation-related topics, is comprehensively explored by the JD Supra. In particular, the article focuses on how attorneys and mediators interact during the mediation process. Each…

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Biglaw Firms Grapple with Overcapacity Amid Record High Lateral Partner Moves

Pieter Gunst3 years ago03 mins

As waves of layoffs continue to take over Biglaw firms this summer, the legal community is being driven to question the reasons behind such prevalent attrition. Only a handful of months ago, Kate Reder Sheikh of Major, Lindsey & Africa mentioned that some firms were grappling with overcapacity among their personnel which essentially alluded to…

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Amid Competency Investigation, Judge Newman Challenges Patent Eligibility Law

Pieter Gunst3 years ago03 mins

Legal professionals worldwide must keep an attentive eye on the ongoing saga of 96-year-old Federal Circuit Judge, Pauline Newman. Currently subjected to a competency investigation, Judge Newman made headlines once again as she openly criticized the current patent eligibility law as “unnecessary and confusing” while raising questions about its divergence from its “historical purpose”. In…

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Mandalorian Season 3 Review: The Compliance Perspective

Pieter Gunst3 years ago03 mins

Tom Fox, deemed as the ‘Compliance Evangelist’ and Jay Rosen, known for insightful commentary, are back at the helm with a special summer season of their acclaimed ‘Popcorn and Compliance’ series. In shedding light on the enthralling intricacies of compliance within the context of a television series, these hosts have chosen to delve into a…

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Judge Pauline Newman’s Dissenting Opinions: Analyzing the Controversy and Mental Fitness Debate

Pieter Gunst3 years ago04 mins

Pauline Newman, at 96 years of age, is once again grabbing headlines, not for alleged incompetence due to aging, but because of her dissenting opinions. Both allegations are under dispute, as Newman recently presented a clean bill of health and the fact that a judge often expressing dissenting views is not a phenomenon that should…

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Navigating the Complex Legal Landscape of Fake ID Accusations and Consequences

Pieter Gunst3 years ago03 mins

Understanding the legal implications surrounding accusations of possessing a fake ID is something every lawyer dealing with such cases should grasp. Many cases typically revolve around college students desiring to participate in adult contexts whilst being below legal thresholds, such as entering bars or attending age-restricted concerts. However, the legal ramifications of procuring a fake…

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Ireland’s Examinership Model: Proving Resilience in Cross-Border Corporate Restructuring

Pieter Gunst3 years ago02 mins

In recent years, the corporate rescue scheme known as examinership has been effectively utilised in Ireland, displaying impressive adaptability to the requirements of modern complex cross-border corporate restructurings. This approach was introduced in 1990 and has consistently evolved to efficiently handle the dynamics of the corporate business landscape. The examinership scheme has achieved increased significance,…