A refusal by a Pennsylvania federal court to diminish claims from a lawsuit against Takeda Pharmaceuticals and a number of generic-drug makers denotes an escalating issue concerning alleged anti-competitive behavior. These pharmaceutical companies have been accused of striking up exclusivity contracts aiming to delay competition for Takeda’s anti-gout drug, Colcrys. As a result, this controversial…
The worlds of law and corporate affairs have seen several significant changes recently as governments and corporations alike tackle emerging and re-defined challenges in their sectors. Whilst new legislation and pivoting business transactions are a focal point of these changes, it is important for lawyers and in-house legal teams in corporations to look at the…
As many legal professionals are undoubtedly aware, the COVID-era policy permitting employers to remotely inspect documentation for completing form I-9 concluded on July 31, 2023. Following this deadline, a recently implemented policy requires all employers to physically examine the I-9 documents, which employees were previously authorized to present remotely. These changes are broadly applicable, and…
In recent years, the call for diverse representation in all sectors has gained significant traction. One such sector is legal professions, where clients are progressively seeking information regarding the culture of diversity at law firms. Certainly, it is increasingly evident that diversity information plays a vital part in earning business from clients. According to Lloyd…
The Ninth Circuit, a pertinent figure in the US court jurisdiction, has recently passed a judgment that affirms Zillow, the popular real estate marketplace, as guilty of infringing copyrights owned by a well-known real estate photography studio. With the given background information, it’s apparent that this case’s decision marks the second round of a prolonged…
In a move aimed at bolstering the transparency around cybersecurity risks, the U.S. Securities and Exchange Commission (SEC) enacted final rules requiring public companies to disclose pertinent cybersecurity incidents and strategies. The directive came into effect on July 26, 2023, generally obligating public organizations to shed light upon (i) the materiality of cybersecurity incidents within…
In a move that is vital for legal professionals working in large corporations and law firms, particularly those concentrating in environmental and property law, the U.S. Supreme Court released an order that directly impacts the construction of energy pipelines across the country. The order, issued on July 27, nullified the U.S. Court of Appeals for…
In an interesting development in the field of copyright law, the Ninth Circuit recently issued an opinion stating that Zillow, the popular real estate marketplace, infringed thousands of copyrights owned by a real estate photography studio. This critical opinion was presented as part of a podcast episode on The Briefing, led by Scott Hervey and…
Legal professionals should take note of the rising trend in the secondary’s market where loan participations have garnered substantial interest among clientele. A recent article published on JD Supra titled ‘Game On August 2023 – Participation Trophies: Documenting and Negotiating Loan Participations’ offers an insight into this growing development. This trend particularly stands out for…
Recent activity by the National Labor Relations Board (“NLRB” or “Board”) indicates a growing intent to closely examine employers who classify their workers as independent contractors. This newfound scrutiny signifies a definite shift in the labor landscape, one that could carry heavy implications for companies with significant contractor roles. In June 2023, the NLRB amended…
On July 28, 2023, an unexpected shift occurred in the mattress industry. A coalition of United States domestic producers and wholesalers of mattresses officially filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC). Within these petitions, the coalition was seeking the imposition of antidumping (AD) duties on imports…
In a recent development, the U.S. Geological Survey has raised alarms over the quality and sustainability of tap water in the United States. This study mentions that up to 45 percent of the water supply could possibly be contaminated with Per- and polyfluoroalkyl substances, also known as PFAS. Motivations behind the research include rising domestic…
The director of the U.S. Patent and Trademark Office has imposed penalties on a company challenging a key VLSI microchip patent, securing Intel a $2.2 billion jury verdict. The company under question is Patent Quality Assurance, which was brought before the Patent Trial and Appeal Board. This punitive action has been taken due to what’s…
In the world of recent legal news, a selection of noteworthy items has been compiled by Howard Bashman’s How Appealing blog, a pioneering web resource devoted to appellate litigation. This roundup features diverse and meaningful developments from across the judicial landscape in the United States. Justice Elena Kagan endeavors to institute a unique ethics code…
A consortium of trade groups has recently reached out to the Consumer Financial Protection Bureau (CFPB), urging them to extend the relief granted by a Texas federal district court’s stay of compliance dates for the CFPB’s final small business lending rules (the Rule). This push is to include all entities that the Rule would cover,…
On July 28, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023, which pertains to the interconnection procedures for both large (20MW and above) and small generating facilities (under 20MW). This was documented in an indicative summary by Troutman Pepper. As outlined by FERC in the Final Rule, the implemented reforms aim to address…
The timeline of the 2020 election interference case concerning former President Donald Trump has recently garnered substantial attention, with its outcome continuing to hang in uncertainty after Trump’s arraignment in Washington, D.C. Legal minds observing the case express differing views. While some opine that the case can conclude prior to the 2024 general election given…
In a unanimous decision on July 21, 2023, a three-judge panel of the Ninth Circuit once again confirmed a ruling by a California federal court. The ruling states that truck drivers, who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s California franchisees, are exempt from the Federal Arbitration Act (FAA). The reported…
The US Court of Appeals for the Ninth Circuit recently allowed President Joe Biden’s new asylum policy to remain in place, granting the administration’s motion for an emergency stay. This comes after last week’s filing by the Biden administration to keep the policy in place whilst appealing a previous federal district court ruling that struck…
In a recent ruling that garnered attention from legal professionals worldwide, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s decision to grant summary judgment in favor of a debt buyer. In a verdict that emphasized the role of claim preclusion, the appeal court decided that the plaintiff’s claims, registered under…
In a noteworthy move, the National Labor Relations Board (NLRB) has issued its decision in the case of Stericycle, Inc. It sets a new legal standard governing how the Board reviews workplace rules and policies, particularly when they are contested on the grounds of impeding or curtailing employees’ National Labor Relations Act rights to participate…
In a significant policy shift, the state of Minnesota has legislated reforms to ban nearly all noncompete agreements in employment contracts, a move that is set to shake the common practice of businesses across many industries. Details of the law have appeared in the August 2023 issue of Bench & Bar courtesy of Holland &…
Recent developments in Pennsylvania law place a new layer of responsibility on medical providers and facilities in relation to voluntary inpatient examination and treatment. These entities could potentially face legal liability if they refuse to render requested healthcare services to a person who willingly presents themselves for examination and treatment, particularly when such refusal amounts…
On August 3, 2023, Unum Group – a Fortune 500 insurance company – became yet another target of cyber criminals as it revealed a data breach on its subsidiary- Starmount Life Insurance Company, Inc. The company posted a notice of data breach on its website, alerting users about unauthorized access to its MOVEit server. According…
Florida is currently considering a novel approach to address the ongoing struggle of its public defender and state attorney offices in attracting new talent. This difficulty is partly due to the state’s high cost of living and low salaries within these sectors. However, a proposed program could potentially expand the applicant pool by enabling law…