The peculiarities of Rule 30(b)(6) under the Federal Rules of Civil Procedure have been a hot topic of discussion in legal circles recently. In accordance with Rule 30(b)(6), when a corporation is involved in litigation and a deposition is required, the corporation must designate an individual to testify on its behalf. This individual is tasked…
On June 22, 2023, the Oregon Consumer Privacy Act (OCPA), SB 619, was passed by the Oregon legislature with a nearly unanimous vote in the senate. This significant legal milestone followed four years of dedicated effort by the Attorney General’s Consumer Privacy Task Force, which was formed in response to growing calls for comprehensive consumer…
In a noteworthy decision, the Third Circuit Court of Appeals has reiterated its prior judgment allowing creditors of Venezuela who have obtained arbitration awards to lay claim on the U.S. assets of Petroleos De Venezuela, S.A. (PDVSA), Venezuela’s national oil company. This conclusion, accessible in detail via the following link, Third Circuit Affirms Judgment Allowing…
The compliance landscape can indeed be likened to a vast, uncharted landscape, requiring painstaking exploration, understanding and constant updating to keep pace with evolving laws and regulations. For those interested in a varied approach to learning compliance, Trekking Through Compliance offers it in a fascinating package. Episode 63, titled “For the World is Hollow and…
In a recent notable incident within the legal and corporate world, PH TECH, a widely recognized health information company, posted a breach notification on its website. The notice, posted after it was discovered that an unauthorized party had gained access to the company’s MOVEit server, comes as a stark reminder of the vulnerability of sensitive…
Preparing your employment case for mediation is a process that requires due seriousness. It is not unlike preparing for a trial, albeit there are some distinct differences you will come across as you make preparations for mediation. This article focuses on these critical differences and the necessary steps you need to take when preparing your…
In a historic first, The Law Society of England and Wales, the professional association representing solicitors in England and Wales, is breaking tradition to host a regional call ceremony outside of London according to JURIST. Historically, solicitors in England and Wales have had their calls — their admission ceremonies into the profession — in London,…
As the legal landscape around environmental concerns continues to evolve, California is poised to establish some of the most stringent Environmental, Social, and Governance (ESG) disclosure requirements in the United States, even overtaking the current proposed rules by the U.S. Securities and Exchange Commission (SEC). This comes with the introduction and subsequent amendment of the…
Beginning July 13, 2023, the Centers for Medicare & Medicaid Services (“CMS”) will start a period of enhanced oversight for new hospices in four states, namely Arizona, California, Nevada, and Texas. This move comes in the light of multiple reports over the last year highlighting hospice fraud, waste, and abuse, issues CMS aims to tackle…
In an era rapidly marked by fintech evolution and regulatory hurdles, the U.S. Central Bank, the Federal Reserve has launched the FedNow® Instant Payments Service, its new instant payment solution. Revealed in a recent press release, this new payment system is accessible for financial institutions of all sizes, offering the ability to instantly process transactions…
In the aftermath of the COVID-19 pandemic, the question of mitigating conflicts through alternative dispute resolution methods has become more prevalent than it used to be. This has been particularly the case within the elder care sector, and specifically, nursing homes. After a year of immense strain due to COVID-19, the demand for new conflict…
Commercial entities and law firms with a stake in environmental regulations should pay close attention to ongoing legislative developments. The first half of 2023 has seen numerous states in the United States continue to build out a regulatory structure around carbon sequestration, largely motivated by the desire to attract and support industries engaged in carbon…
On July 25, 2023, Sens. Chuck Grassley (R-IA), Dick Durbin (D-IL), John Kennedy (R-LA), and Roger Wicker (R-MS) introduced the False Claims Amendments Act of 2023. This development was reported by the reputable law firm, Arnall Golden Gregory LLP. The proposed amendment to the False Claims Act does not eliminate the requirement that the alleged…
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…