The U.S Supreme Court is poised to tackle the issue of whether new businesses can legally challenge federal regulations that pre-date their establishment. This investigation comes as a result of a case called Corner Post v. Board of Governors of the Federal Reserve System, which aims to determine whether a right of action challenging a…
In recent legal news, prominent attorney Alex Murdaugh, who is currently serving a life sentence for the murder of his wife and son, is making moves to request people overseeing assets to halt what he claims is self-enrichment with his funds. Murdaugh has made an appeal to a South Carolina federal judge to confiscate his…
Ex-Uber security chief, Joe Sullivan, is currently making an appeal on his conviction that stirred debate in the cybersecurity world. The controversial suit stems from Sullivan’s time at Uber, when he utilized tools and strategies common to Chief Information Security Officers (CISOs) to protect the data of hundreds of thousands of Uber drivers. Sullivan’s attorney…
A UN special advisor expressed deep concern over the escalating threat of genocide and its associated crimes in Ethiopia. UN Under-Secretary-General and Special Advisor on the Prevention of Genocide, Alice Wairimu Nderitu, drew attention to the unending tussles between government military forces and local militias, emphasizing the urgent need to address grave human rights violations…
In an unprecedented development, the United States Court of Appeals for the Seventh Circuit has commanded U.S. Marshals to apprehend top officials of Haven Salon + Spa (Haven) due to their staunch disregard of directions put forth by both the National Labor Relations Board (NLRB) and the Seventh Circuit Court itself. According to this JD…
Argentina has recently appealed a $16 billion verdict in a lawsuit concerning its 2012 seizure of oil company YPF SA. In 2015, Petersen Energia Inversora, S.A.U., and other investors filed suit as a response to the Argentinian government’s failure to offer payouts to shareholders when the country nationalized YPF in 2012. Earlier, in March, U.S….
In a critical legal decision, the U.S. Court of Appeals for the Eleventh Circuit upheld the Department of Labor’s Administrative Review Board’s denial of an employee’s Sarbanes-Oxley Act (SOX) retaliation claim. This ruling came about on September 25, 2023, affirming that the employee had not taken part in protected activity as they were unable to…
In an unexpected turn of events, Alpine Securities Corp., previously expelled from the Financial Industry Regulatory Authority’s (FINRA) membership, has won a significant injunction from the D.C. Circuit Court of Appeals. This injunction, issued on July 5, 2023, creates a challenge to FINRA’s authority by allowing Alpine to remain a member while appealing its expulsion….
In an unusual turn of events, Judge Jerry Smith, of the U.S. Court of Appeals for the Fifth Circuit, issued an unconventional dissent in a recent death penalty case. The dissenting opinion came attached with an alternative ‘majority’ decision that he asserted “should have been issued.” In the case, the majority panel declined to vacate…
The US Supreme Court recently listened to oral arguments in the major whistleblower case, Murray v. UBS Securities, LLC. The lawsuit raises the question whether publicly traded companies can discriminate against employees who report wrongdoing within the organization. The scenario originated when Trevor Murray, who joined the commercial mortgage-backed securities department of UBS in 2011,…
The legal victory of Grayscale in their recent dispute, Grayscale Investments v. SEC, over a Bitcoin exchange-traded fund (ETF) decision has stirred discussions within legal and crypto walls. The U.S. Court of Appeals for the D.C. Circuit ruled that the Securities and Exchange Commission acted unlawfully in denying Grayscale’s application for a Bitcoin ETF. The…
The US Supreme Court is currently reviewing a case involving UBS Group AG and a fired research strategist, Trevor Murray. This case may impact how whistleblowers can claim retaliation under the Sarbanes-Oxley Act, an federal investor-protection law. According to Bloomberg Law, UBS argued that for whistleblowers to win, they need to prove intentional retaliation. However,…
CIC Services, a micro-captive insurance adviser, is preparing to appeal a lower court decision that denied it attorneys’ fees. This fees are pertinent to the firm’s successful challenge of an IRS notice, claimed in a Tuesday filing with the US Court of Appeals for the Sixth Circuit. The ruling CIC Services aims to appeal was…
In a recent development in California’s legal ecosystem, the Ninth Circuit Court of Appeals confirmed a district court’s verdict to grant summary judgment favoring a life insurer. This descision underlined the state’s lapse statute’s applicability, highlighting that it exclusively applies to life insurance policies that are initially “issued or delivered” in California, an understanding which…
In a highly unusual move reflecting exception to a majority ruling, U.S. Circuit Judge Jerry Smith issued what can be termed as a ‘mock majority opinion’ earlier this week. Smith’s intent was to illustrate his disagreement with a decision upheld by the majority to postpone the execution of a convicted murderer in Texas. In his…
The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) recently filed a joint amicus brief in the U.S. Court of Appeals for the Second Circuit. They are urging the court to overturn a previous decision by a New York federal court in Suluki v. Credit One Bank, NA. The agencies contend that…
The Fifth Circuit Court of Appeals recently upheld the enforcement of a jury trial waiver in a significant franchise transfer agreement case. This case, Pizza Hut L.L.C. v. Pandya, was centered on Pizza Hut’s allegations of breach of contract and intellectual property claims against franchisee Jignesh Pandya and his entities. The enforcement of this jury…
In a recent decision, the Arizona Court of Appeals delved into matters pertaining to the Arizona Employment Protection Act (AEPA), A.R.S. § 23-1501. Central to this judgement was the assessment of an employee claim alleging dismissal due to the disclosure of supposed unsafe conditions. The particulars of the case called for a nuanced analysis of…
In an ongoing case with notable implications for corporations nationwide, the First Circuit Court of Appeals recently sought the guidance of the Massachusetts Supreme Court on a critical question regarding employee misclassification. The central issue in the case, “Patel v. 7-Eleven, Inc.”, revolves around whether franchisee plaintiffs fulfill the threshold inquiry under the state’s three-prong…
In a recent ruling of significant interest to financial institutions and legal professionals, the United States Circuit Court of Appeals for the Second Circuit has given a verdict about the classification of term loan notes under state securities laws: Kirschner v. JP Morgan Chase Bank, N.A. JDSupra reports. The case is a culmination of debating…
Morgan Stanley and financial advisers, who alleged the investment bank to have breached California wage laws, have reignited plans to solve their over $10 million dispute after it received fresh attention from a federal district judge subsequent to an appeal. The initial agreement was set aside last year following an appeal in the Ninth Circuit….
The Supreme Court, in a notable move, added no new cases to its agenda on Tuesday morning. Garnering the attention of legal professionals and press freedom advocates was the court’s refusal of a case which sought to overturn the landmark decision of New York Times v. Sullivan. The details of this unfoldment were disclosed in…
The United States Supreme Court recently declined to review the Food and Drug Administration’s (FDA) decision to reject an application by Avail Vapor to market flavored electronic cigarettes. This move by the Supreme Court anchors the FDA’s contested win, which Avail Vapor claimed came from last-minute changes to the application process for new tobacco products….
Recently, a panel of esteemed judges spoke at the annual William & Mary Law School. Among them were David R. Stras, of the US Court of Appeals for the Eighth Circuit, Stephanos Bibas of the Third Circuit, Robin S. Rosenbaum of the Eleventh Circuit, and Toby J. Heytens of the Fourth Circuit. The judges discussed…
A recent ruling by the Michigan Court of Appeals has sparked discussions regarding the use and interpretation of electronic signatures in insurance policies. The case of Bronson Health Care v Esurance Property and Casualty Insurance Company, decided on September 28, 2023, has implications for many pending claims and is reshaping how underwriting departments handle policy…