Can a party establish a contract with itself? This intriguing question, one that might seem absurd when pondered in human terms, has been given serious consideration recently by the High Court. One might reasonably object, after all, that my left arm can hardly be expected to strike up a legally enforceable arrangement with my right….
In a recent decision, the Colorado Court of Appeals labeled the prosecutor’s opening statement in a case – The People versus Marcus Lee Robinson – as “flagrantly, glaring, and tremendously improper”. This comment was made in reference to the racially charged language employed by the District Attorney during the trial which saw Robinson convicted of…
As the globe continues to navigate an uncertain economic landscape, with challenges such as climbing interest rates, inflation and the looming threat of a potential recession, the Mergers and Acquisitions (M&A) activity landscape is also adjusting. Industry experts suggest that the future may include an increased prevalence of transactions involving distressed targets, particularly within the…
The elusive dream of work-life balance for lawyer moms can often seem an unachievable holy grail. The pursuit of such balancing is further intensified in the challenging field of law, where the demands of one’s career and familial responsibilities relentlessly vie for attention. However, a paradigm shift in the way we perceive this balancing act…
In a pivotal legal development, the California Court of Appeal for the Second District issued a writ of mandate on August 1, 2023, putting a stop to the Workers’ Compensation Appeals Board’s (WCAB) traditional practice of granting Petitions for Reconsideration for Further Study. This information was shared by Laughlin, Falbo, Levy & Moresi LLP on…
In a significant legal development, the US Court of Appeals for the Federal Circuit has affirmed a district court’s ruling that safety and efficacy do not influence the validity of a method of treatment patent. As reported by law firm McDermott Will & Emery, this judgment took place in the dispute between United Therapeutics Corporation…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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)…
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…
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…
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,…
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…
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…
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…
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…