In a decidedly unique circumstance, Donald Trump presides over the intersection of being a former president, leading prospective nominee for the next presidential race, and a criminal defendant. As reported by Bloomberg Law, Trump currently faces 91 felony charges across four distinct cases related to actions taken before, during, and after his presidency. The charges…
A disbarred attorney in Florida, who once practised in Fort Lauderdale and Tallahassee, has been sentenced to a 14-year prison term by a federal judge. Phillip Howard, aged 62, had earlier entered a guilty plea to charges of racketeering related to his involvement in a criminal scam to swindle his clients out of funds stemming…
In a recent decision that merits the attention of legal professionals handling Employee Retirement Income Security Act (ERISA) cases, a federal district court judge in the Eastern District of Kentucky took a significant stance in an Employee Stock Ownership Plan (ESOP) case. The case, Merrow et al. v. Horizon Bank et al., involves employees of…
In a recent defining move, the Second Circuit switched gears, upending a lower court’s stance on a motion which sought to compel arbitration in a representative consumer class action lodged against fintech corporation, Klarna. This development, as chronicled in the case of Edmundson v. Klarna, Inc., Case No. 22-557-cv (2d Cir. Nov. 3, 2023), witnessed…
On October 30, 2023, a new chapter in cybersecurity enforcement was initiated as the U.S. Securities and Exchange Commission (SEC) filed a notable legal action against SolarWinds Corp. and the company’s Chief Information Security Officer (CISO), Timothy Brown. This is the latest example of how the regulatory environment surrounding cybersecurity is heating up. The SEC’s…
The Arizona Court of Appeals recently made a noteworthy verdict in City of Mesa v. Ryan, No. 1 CA-SA 23-0154. Concluded on October 31, 2023, the court reversed a previous denial of the defendant’s motion to dismiss. The basis of this decision was linked to the Notice of Claim’s failure to state a sum certain…
In an update on environmental justice, New Jersey has put forth new guidance to promote the use of green and sustainable technologies in remediation. The move stands in the context of an ongoing trend towards increasing costs related to the cleanup of environmentally impacted real estate. The drivers behind this trend are multifaceted and include…
When does the federal government’s sovereign immunity apply? This question was the center of debate during discussions about the ‘U.S. Department of Agriculture Rural Development Rural Housing Service v. Kirtz’ case. Congress has established under the Fair Credit Reporting Act (FCRA) that if a private lender fails to respond promptly to a consumer’s claim of…
Emerging companies in the renewable energy sector have a lot to navigate, and not just on the business front. As significant growth is observed in this field, the legal landscape too gets increasingly complex, necessitating comprehensive understanding on part of the entrepreneurs and business owners. One of these complex areas pertains to trademarks and bankruptcy….
On October 27, 2023, the Federal Trade Commission (FTC) declared new modifications to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule), notable legislation initially enacted in 2003. The Safeguards Rule imposes financial institutions with specific obligations to create and maintain comprehensive security measures aimed at the protection of customer data. The latest amendments serve as an integral…
The National Infrastructure Commission’s (NIC) will publish its second National Infrastructure Assessment, also termed as ‘NIA2’, in October 2023. The release of this document is aligned with the organization’s five-year mandate. This is a pivotal move as this document will become a blueprint for guiding the UK Government’s policies affecting all infrastructure sectors. Details provided…
Internal risks, those stemming from within an organization’s parameters, often receive less attention than external threats. However, comprehending and managing these internal vulnerabilities are equally, if not more, vital in building a risk-resilient entity. The reason is unambiguous: the strength of a corporate structure is only as robust as its internal pillars. In the world…
In recent years, legal and fiscal strategies employed in the realm of divestiture transactions have been a subject of deep analysis. Recently, a district court ruled on the legitimacy of employing dividend distribution prior to a share sale to potentially mitigate tax liabilities. This strategy manifests itself through the selling shareholders distributing dividends before the…
Law professionals’ attention is being called to a recently announced regulation. As of November 1, 2023, employers are mandated to use the new version of the U.S. Citizenship and Immigration Services (USCIS) Form I-9 to validate the identity and employment authorization of individuals hired for employment in the United States, according to the legal advisory…
Wachtell, Lipton, Rosen & Katz, widely esteemed throughout the legal community, has ushered in a new era in their leadership team. In a move announced recently, the firm named litigator William Savitt and corporate partner Andrew Nussbaum as the new firm co-chairs. The pair will succeed former co-chairs Ed Herlihy and Daniel Neff, who have…
In light of the ongoing global pandemic, the U.S. Patent and Trademark Office (USPTO) released a comprehensive report chronicling innovations in COVID-19-related diagnostics. This report serves as a poignant case study of the intricate intersection of crisis, innovation, and intellectual property. Drawing data from December 2019 through April 2023, the report maps a wealth of…
The recent appellate court decision concerning work site locations and H-1B professional employees harbors significant implications for legal professionals and corporations worldwide. The burgeoning trend toward remote employment has thoroughly transformed numerous industries across the United States, and legal regulations are adjusting likewise. A significant number of employers now offer the capacity for employees to…
The Occupational Safety and Health Administration (OSHA) recently issued a news release revealing its intention to penalize Trimac Transportation, Inc. (TTI), which operates as National Tank Services, for alleged violations. Referenced from an article published on JDSupra, this action follows alleged safety infringements by the tank cleaning corporation. While the nature and extent of the…
Legal professionals and insurers across the globe are watching the United States Supreme Court (SCOTUS) closely as it reviews two cases that could have significant implications for the insurance industry. The rulings from these cases are anticipated to impact insurers as businesses and corporate citizens. Moreover, they could influence policyholders’ liabilities and claims for which…
Tuesday’s hearing at the U.S. Supreme Court exhibited a measure of skepticism towards a decision by a lower court. The judges were unclear if a federal law, forbidding individuals under domestic violence restraining orders from possessing firearms, is in contravention of the Second Amendment rights. This echoes the sentiments expressed during a pivotal ruling the…
Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group has been focusing on the methods and strategies which companies can use to protect their trade secrets and their human resources in a world without non-competes. Daryl Leon, the group’s lead, and senior counsel in the Labor & Employment Law Department, Edna Guerrasio, along with partner…
In a significant development on Tuesday, a disbarred attorney was sentenced to 33 months in prison by a California federal judge. This sentence came after the attorney pleaded guilty to accepting a $2 million kickback in a collusive lawsuit scheme involving the Los Angeles Department of Water and Power. Notably, the sentence exceeded the 18…
In the fast-moving world of data privacy and cybersecurity, new developments are continually unfolding. A pivotal event in November 2023 pushed cybersecurity back into the global conversation, when hackers successfully breached LastPass, a widely used password manager, managing to siphon off a staggering $4.4 million in cryptocurrency. This breach, revealed in a report from Robinson…
Recently, the US Securities and Exchange Commission (SEC) staff granted a significant no-action relief under Section 17 and Rule 17d-1. This ruling permits a fund to enter into a transaction agreement with a new advisor. This critical development could be of interest to registered investment companies, boards of directors, and investment advisers. The SEC’s Division…
As leaders of in-house legal departments, nurturing an environment conducive to mentoring is of prime importance. Not only does successful leadership hinge upon the individual growth of team members, but also on the holistic development of a legal team as reported by Above the Law. The strength of a legal team contributes directly to the…