On October 31, 2023, the U.S. Department of Labor (DOL) put forward a proposition to modify the fiduciary rule under the Employee Retirement Income Security Act (ERISA). If implemented, the new rule would broaden the definition of “investment advice fiduciary”. The reformation’s scope could significantly widen to include specific one-off recommendations, while also escalating the…
In a development that continues to draw attention in the legal and corporate sectors, U.S. Anesthesia Partners, Inc. (USAP) and Welsh, Carson, Anderson & Stowe (Welsh Carson) have both reportedly filed motions to dismiss an antitrust lawsuit brought against them by the Federal Trade Commission (FTC). This case centers on allegations of executing a multi-year…
The Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. is slated to hear key arguments on December 5. Arguments will revolve around the application of the federal Defend Trade Secrets Act (DTSA) for trade secrets that are taken overseas. This case poses to be the first instance where a U.S. Court of Appeals…
The National Telecommunications and Information Administration (NTIA) released a Notice of Opportunity for Public Input on November 29, 2023. This announcement underlines the forthcoming implementation plan for the agency’s National Spectrum Strategy, an initiative outlining the national objectives for spectrum policy set by the Biden-Harris Administration. The NTIA has expressed interest in entering dialogues to…
In recent legal news, the highest court in New York has ruled in a significant insurance case involving a universal life policy. The case revolves around The Joan C. Lupe Family Trust, which had purchased a policy from Lincoln Life and Annuity Company of New York, naming Joan C. Lupe as the insured. Under the…
The Town of Amherst, Massachusetts has entered into a legal dispute with the Environmental Protection Agency (EPA) that could impact the interpretation and enforcement of the Clean Water Act. On November 16, Amherst filed a Request for Review before the EPA’s Environmental Appeals Board (EAB). The request challenges the validity of a National Pollutant Discharge…
In a noteworthy trend, Philadelphia County continues to be the chosen forum for the plaintiff’s bar in Pennsylvania. Until recently, the option to dismiss a case based on improper venue, otherwise defined under Pa. R. Civ. P. 1028(a)(1), was a critical instrument for corporate defendants finding themselves mistakenly ensnared in Philadelphia County litigation. However, recent…
In a recent development, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has issued a final rule meant to lighten the compliance load connected to certain regulations of the Corporate Transparency Act. This rule extends the initial timeline for newly created or registered companies that fall outside exempt categories (referred to as ‘reporting companies’)…
In a recent development related to the role of a Guardian Ad Litem (GAL) for litigants, the case of R.B. v. E.A.C. became noteworthy. Following this case, another significant case came into consideration. The latest case titled “In the Matter of A.H.” involves dual citizens of Cyprus and the US and throws light on some…
Recently, Chicago introduced one of the most comprehensive paid time off laws in the nation. The city council approved the Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, 2023, due to come into effect on December 31, 2023. The ordinance significantly modifies the present paid leave provisions. The new legislation includes…
The U.S. Securities and Exchange Commission (SEC) has recently announced the enforcement results for Fiscal Year 2023, depicting a robust year in terms of SEC litigation. The increase in the number of enforcement actions, individual securities market bans, the rise in tips received, and additional payouts for whistleblowers show an active year for the SEC’s…
With the continuous evolution of technology, legal professionals are discovering innovative uses for e-discovery tools beyond the typical litigation scenarios for which they were initially designed. According to an informative article posted on JD Supra, these digital instruments can significantly ease the process of identifying pertinent information for use in varying legal proceedings. The JD…
The rapidly evolving legal and regulatory landscape of the dietary supplement and cosmetics sector warrants our continuous attention and exquisite analysis. This November 2023 legal bulletin encompasses critical updates and brings to light some major legal changes in these industries. As announced earlier in a document published on the JD Supra website, the U.S. Food…
Businesses hoping to expand their operations in the Washington, D.C., region should familiarize themselves with the various federal and local economic incentives available. Among these lucrative measures are the Inflation Reduction Act, the Vitality Fund and incentives offered by the Department of Energy. An episode of the “Lay of the Land: Economic Development Incentives” podcast,…
As of November 17, 2023, changes have been made to New York’s legislation regarding payments in private commercial construction projects valued at $150,000 or more. Governor Kathy Hochul signed Senate Bill 3539, resulting in amendments to Section 756-a and Section 756-c of the New York General Business Law, also referred to as the Prompt Payment…
The federal trial of Carlos Orense Azocar (Orense) commenced this week, painting a complex picture of alleged ties between Venezuelan oil, military leaders, and a massive drug trafficking scheme targeting the United States. Orense, who faces accusations of shipping tens of thousands of kilograms of cocaine into the US, maintains his innocence against three counts…
Sam Alito, a reputed Associate Justice of the Supreme Court of the United States, has always been known for his intense and resolute perspectives in many high-profile cases. But, there seems to be an underlying wave of evident dissatisfaction surrounding the Justice, as noted in his recent actions and remarks within the supreme court. Alito’s…
The 5th U.S. Circuit Court of Appeals is considering the adoption of a rule that, if approved, would create a legal precedent in federal appeals courts. Lawyers and self-represented litigants would be obligated to certify whether artificial intelligence (AI) was used to prepare court filings. If AI was indeed used, they’re required to confirm that…
In recently unfolding litigation news, Yeshiva University along with the law firm Seyfarth Shaw face serious accusations related to their alleged poor handling of an internal investigation. The case centres around a Yeshiva student, referred to as Jane Doe, who asserts she was raped by another student, named Perry Doe. The victim alleges that the…
The UK’s Financial Conduct Authority (FCA) alleges that a former Goldman Sachs Group Inc. analyst, Mohammed Zina, and his attorney brother, Suhail Zina, engaged in insider trading with six different stocks, according to Bloomberg Law. Prosecutors claim the brothers gleaned more than £140,000 ($179,850) through insider dealings in shares of ARM Holdings Plc and five…
The amended Federal Rule of Evidence 702, which took effect on Dec. 1, emphasizes the importance of courts admitting only reliable expert testimony. A significant aspect of this amendment is the renewed focus on the timing and strategy of motions to exclude unreliable expert opinions. The amendment explicitly reinforces the principle that it’s the proponent’s…
Michael Sander, founder of legal analytics product Docket Alarm, has announced his departure from the company. The decision arrives seven months following the acquisition of the company by legal research firm vLex. Prior to its purchase by vLex, Docket Alarm had been part of legal research entity Fastcase, which had itself acquired Docket Alarm in…
In a recent development, Vivek K. Chavan has made a comeback to Greenberg Traurig as a shareholder within the real estate practice, operating in Silicon Valley and San Francisco. This information was officially announced by the firm on Wednesday. Chavan, a seasoned lawyer who also previously honed his skills at DLA Piper, is known for…
In recent months, the U.S. Patent and Trademark Office (USPTO) has reportedly battled with escalating disrespectful conduct aimed at its staff. In light of these events, the USPTO in October published a detailed warning, reminding individuals who interact with the Office of the necessary Code of Conduct, and reinforcing the rule in existence for over…
Understanding who constitutes the leading personnel in a company is of paramount importance, particularly when it comes to social elections. Not only does this understanding play a pivotal role in identifying potential candidates, it also determines who holds voting rights during these elections. The gravity of this subject cannot be overstated, with implications that stretch…