In recent deliberation from the Supreme Court of Tennessee (Supreme Court) in the case of Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), notable conclusions were drawn regarding the application of the economic loss doctrine, specifically its inapplicability for contracts regarding services. The economic loss doctrine is a legal…
The Federal Regulators have proposed a new rule that has elicited a significant degree of interest among mortgage originators and issuers of mortgage-backed securitizations relying on automated valuation models (AVMs). The focal point of the proposed rule centers on the utilization of AVMs for determining the value of real estate collateral. For those unfamiliar, AVMs…
Responding to HM Treasury’s policy update in October 2023 regarding stablecoin regulation, both the Bank of England and the Financial Conduct Authority (FCA) have released discussion papers that delve into the specifics of the envisaged regulatory frameworks for stablecoins when utilized as payment methods. Notably, the Financial Conduct Authority (FCA) and the Bank of England…
The rapid advances in artificial intelligence (AI) technology are reshaping many fields, including the legal profession. Lawyers and law firms are eyeing potential implications of these developments, closely following AI’s reported scoring of 90% on the LSAT and Uniform Bar Exam, and passing several law school exams from the University of Minnesota. Indeed, AI is…
In an impressive move to bolster their standing in the health care law domain, Crowell & Moring announced the appointment of a former Department of Justice (DOJ) trial attorney, Michael Shaheen, as a partner. The announcement was first reported on Bloomberg Law earlier this week. As we understand, Shaheen will be rejoining Crowell & Moring…
In a recent affair involving HealthSun, the nature of self-disclosure within corporate legal issues has been illuminated with stark clarity. The event underlines the guidance from the Criminal Division of the United States Department of Justice (DOJ), which urges companies to openly cooperate with the government following the detection of any criminal conduct. This case…
In a recent adjudication decision, without prejudice (WP) material was deemed inadmissible, thus rendering the entire decision unenforceable. This case solidifies the already prevalent argument on the convoluted nature of without prejudice discourse, especially in the realm of commercial discussions. In traditional usage, the term without prejudice signifies a statement or communication made with an…
The U.S. government openhandedly eased commercial sanctions on Venezuela’s oil and gas sector, a move aimed at providing some economic relief to the country. The Office of Foreign Assets Control (OFAC) from the U.S. Treasury Department dispensed a series of general licenses to the Venezuelan government, including the General License 44. This permits transactions related…
In Q3 2023, the Consumer Packaged Goods (CPG) industry was still under considerable pressure from class-action activities, according to a recent report on Food and CPG Legal Trends. This report is a snapshot from an annual circle of reviews and intended to provide timely insights into the quarterly trends. Major companies in the food, beverage,…
In Q3 2023, the Consumer Packaged Goods (CPG) industry was still under considerable pressure from class-action activities, according to a recent report on Food and CPG Legal Trends. This report is a snapshot from an annual circle of reviews and intended to provide timely insights into the quarterly trends. Major companies in the food, beverage,…
The landscape of real estate and construction is in a state of flux, shaped by everything from large infrastructure projects to interest rate increases and the viability of corporations like WeWork. In the latest news roundup, we delve into the significant developments affecting these sectors. A spotlight has been shone on the state of New…
The issue of decarbonizing the industrial sector continues to be a significant challenge due to the high level of direct emissions it generates. According to the 2022 World Energy Outlook from the International Energy Agency, the industry sector is responsible for 45% of overall direct emissions from end-users. The difficulty in reaching net-zero emissions without…
In a significant move towards securing digital privacy for consumers, California passed the Delete Act on October 11th. The act, signed by Gov. Gavin Newsom, paves a smoother path for consumers to instruct data brokers to delete their personal information or refrain from selling or sharing it. Prior to this legislation being passed, consumers’ rights…
Non-Commercial Educational (NCE) broadcasters typically enjoy certain legal advantages such as exemption from regulatory fees. However, they also face specific challenges. Indeed, like their commercial counterparts, NCEs are required to compile and submit quarterly issues/programs reports which account for station programming addressing community matters. This obligation underscores that the regulatory landscape for broadcasters, both commercial…
The Chicago City Council has given the green light to a resolution that could potentially increase the city’s transfer tax. Known as O2023-0004166, this proposal will be put before the city’s voters for a decision in a referendum slated for March 2024. In recent weeks, Chicago’s Committee on Committees and Rules convened a meeting, culminating…
In a surprising twist of fate, WeWork Inc. has cleared a quick and assertive path to restructure, bolstered by favorable bankruptcy laws and a sustained demand for flexible office space. Despite a significant dip in the company’s fortunes, the co-working giant’s recovery has commenced in a New Jersey bankruptcy court. Here, WeWork filed for Chapter…
In an increasingly stringent insurance market, policyholders who manage commercial property and casualty insurance need to be acutely aware of the shifting landscape. Earlier this week, Eric Jesse and Heather Weaver of Lowenstein Sandler’s Insurance Recovery Group provided expert insight into the issue, engaging in discussion with executives from two major insurance brokerage firms. The…
Artificial intelligence (AI) presents both opportunities and challenges in today’s digital age. One such challenge is the creation of AI-generated deepfakes—video, audio, or photographic content that emulates certain or all characteristics of an individual’s identity—a matter which has been a focus of public, political, and entertainment industry scrutiny alike. While copyright laws show up as…
In a climate where work performance is often quantified and rewarded through monetary bonuses, there are times when no bonus at all may indeed be the right move for corporations. Reflecting on past incidents in the commercial sector, such a decision may not be as farfetched as it initially appears. Take the case of the…
In response to prevalent concerns about abuse of dominance, the Competition Bureau has newly updated their guidance and amendments to the use of dominance provisions in the Competition Act. Set to significantly broaden the provisions’ scope, this development is anticipated to augment the application of abuse of dominance provisions notably. Coupled with private access to…
Noted arbitration attorney, Will Hooker, has recently joined Alston & Bird in a partner capacity. Now part of the firm’s litigation and trial practice group, Mr. Hooker specifically aligns with the international arbitration and dispute resolution team. The news was shared via a recent announcement by the London office where he will be based. Mr….
In a departure from tradition, the Ontario Superior Court of Justice recently handed down judgments indicating a shift in the perception of specific performance as an “extraordinary” remedy in the context of commercial real estate disputes. As noted in an article by Blake, Cassels & Graydon LLP, this could herald a significant change in legal…
In a continuation of exploring the role of advocates for women inventors, this week’s interview is with Carolyn Favorito, a patent attorney with extensive experience in advocating for the intellectual property rights of innovators. The interview provides considerable insight into the hurdles faced by female inventors and offers strategic advice for overcoming these barriers to…
WeWork Inc. has recently enlisted the counsel of Kirkland & Ellis, among other legal advisers, for its bankruptcy filed late Monday in Newark, NJ. Additional advisory firms include regional law firm Cole Schotz and Toronto-based Goodmans, who are supporting WeWork on the insolvency process for its US and Canadian operations, and Munger, Tolles & Olson,…
The recent English Court of Appeal case, colloquially known as “The DnaNudge Case”, has stirred discussions and contemplations amongst investors, companies and their advisers. The case has found center stage primarily due to English courts occasionally adopting – what can be undeniably characterized as – strained interpretations of ambiguous or unclear contract terms. The aim…