New York Court Dismisses $145M Foreign Arbitration Award: A Challenge in Enforcing International Judgments

In a recent development, the Southern District of New York dismissed a petition to confirm a foreign arbitration award amounting to $145 million. The award was initially rendered in Hong Kong, but the court made its decision to dismiss based on lack of personal jurisdiction. The case brought to the attention the complexities surrounding the…

Read More

Ninth Circuit Upholds Delegation Clause, Strengthening Arbitration Agreement Independence

In a noteworthy development, the United States Ninth Circuit Court recently upheld the validity of a clause delegating authority to arbitrate, even if the larger arbitration agreement is null and void. This ruling emphasizes the standing of the delegation clause as an individual agreement that is separate from, and not contingent upon, the overall enforceability…

Read More

Connecticut Supreme Court Overturns Governmental Immunity in Landmark Police Traffic Incident Case

In a significant ruling, the Connecticut Supreme Court dispensed with the concept of governmental immunity in a case involving a police officer and a traffic incident. The case revolved around Officer Jonathan Sykes, a Bloomfield police officer, who, in responding to a possible abduction on Aug. 10, 2017, collided with a woman’s car, causing injury…

Read More

Supreme Court’s Accountability Debated: Alito and Kagan Disagree on Congressional Oversight Role

In an unexpected judicial discourse last week, Justice Samuel Alito declared his viewpoint that the Supreme Court was above regulation by Congress – a view that stirred considerable controversy as reported by various outlets. He stated, “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.” However, this stance has been…

Read More

Senate Democrats Seek Alito’s Recusal in Supreme Court Ethics and Regulation Cases

In recent developments, Senate Democrats, led by Senate Majority Whip Dick Durbin, have made an appeal to Chief Justice John Roberts in regard to Justice Samuel Alito‘s participation in certain legal proceedings. The group is requesting Alito’s recusal in any future cases related to Supreme Court justice ethics and congressional regulation of the Court. This…

Read More

Bridging the Gap: Generative AI Streamlines Communication for General Counsels and Business Leaders

Generative AI is becoming an invaluable tool for legal professionals aiming to bridge the communicative gap between the dense jargon of the law and the succinct, revenue-focused language of business. In this article, we explore ways that General Counsels (GCs) can effectively employ AI to simplify their communication with CEOs and other key stakeholders, thereby…

Read More

FTC Seeks to Expand Health Breach Notification Rule to Cover Non-HIPAA Health Apps

The Federal Trade Commission (FTC) has submitted a notice of proposed rulemaking, with the objective of expanding the Health Breach Notification Rule (HBNR) to include most health apps and similar technologies that are not governed by HIPAA (Health Insurance Portability and Accountability Act). The HBNR amendment proposition follows an effort to formalize the FTC’s Statement…

Read More

Lawyer’s Downfall Highlights Dangers of Fraudulent ADA Lawsuits and Need for Ethical Practices

Deep-pocketed defendants facing compliance violation charges, such as under the Americans with Disabilities Act (ADA), can provide significant opportunities for lawyers. However, some choose paths far less ethical and considerably more illegal, such as submitting false ADA complaints. Take, for example, the unfortunate case of Florida lawyer Stuart Finkelstein. Finkelstein caught attention recently with serial…

Read More

Minnesota Law Tightens Employer Liability in Noncompete Agreements: Nationwide Implications for Compliance and Litigation

In Minnesota, a new law taking effect from July 1, 2023, sharpens the legal and financial stakes for corporations that require their employees to sign noncompete agreements. The legislation represents another indicator of the broader shift across the United States to limit the efficacy and scope of non-compete clauses in employment contracts. A major component…

Read More

Diebold Nixdorf CLO Departs as Company Prepares to Exit Chapter 11 Bankruptcy

Acclaimed ATM maker Diebold Nixdorf, which is currently navigating bankruptcy proceedings, recently announced that its chief legal officer, Jonathan Leiken, is stepping down as the company prepares to emerge from bankruptcy protection later this month. This development comes amidst a pivotal period for Diebold Nixdorf, a company renowned for their technological solutions in the banking…

Read More

Radiology Groups Urge CMS to Simplify Imaging Agent Billing Requirements

In a concerted effort to alleviate what is perceived as unnecessary pressures on radiology practice billing, the American College of Radiology (ACR), the Radiology Business Management Association (RBMA), RadNet, and Rayus Radiology have submitted a joint letter to the Centers for Medicaid & Medicare Services (CMS). These organizations, representing outpatient radiology practices and imaging centers,…

Read More

Eleventh Circuit Upholds Victory for University of Miami in COVID-19 Tuition Refund Case

The U.S. Court of Appeals for the Eleventh Circuit has recently extended a victory to the University of Miami over a litigation revolving around tuition refunds following campus closures amid the COVID-19 pandemic. The claims, which involved the university’s halt to in-person education, were based on the allegations of breach of contract and unjust enrichment….

Read More

Joint Commission Streamlines Accreditation with Reduction of 200+ Standards

The Joint Commission, a nationally recognized body providing accreditation for healthcare organizations, has recently taken significant steps to reduce burdensome regulations. In its latest modifications, the commission will eliminate or consolidate over 200 accreditation standards across many of its programs. This marks the second major tranche of standards reduction employed by The Joint Commission. This…

Read More

Remote Depositions: Expert Witness Cost Reduction and Credibility Challenges Ahead

In recent years, traditional legal practices have been disrupted by technological advancements, including the availability of remote depositions. The impact of this shift is expected to have profound implications for expert travel expenses, leading to a decrease in overall costs related to expert witnesses deposition. Historically, fees associated with expert witness depositions have incorporated travel…

Read More