The Flint water crisis litigation has added another layer of intrigue. Two attorneys have lodged a plea with a Michigan federal judge, aiming to halt their former colleague from allegedly absconding with a $1 million fee attached to the case. They argue that her actions contradict an agreement established during their firm’s division in 2017….
In a recent case of Klauber v. VMWare, the First Circuit Court has sanctioned the legality of a clause included in an employer’s remuneration plan allowing modification of commissions on substantial or unconventional sales. Often referred to as “windfall” clauses, such conditions are commonly seen in sales commission schemes.JD Supra reports that this ruling by…
A recent survey indicates a significant discrepancy in the expectations for contract turnaround times within corporate legal departments in Latin America, potentially raising tensions among business sectors. The study was conducted by ODDS Legal, a consultancy for legal operations. The survey involved interviewing 72 in-house counsels from Argentina, Chile, Colombia, Ecuador, Mexico, Peru, and Spain….
On August 17, the Office of the Comptroller of the Currency (OCC) disseminated a roster of recent enforcement actions executed against national banks, federal savings associations, and individuals presently and formerly associated with these organizations. The revealed enforcement actions encompass civil money penalty orders, formal contracts, and prohibition orders, all dispensed with the complaisance of…
On August 24, 2023, the Office of Information and Regulatory Affairs, part of the Office of Management and Budget (OMB), announced a decision marked as “Approved with Change” towards the proposed revisions of the Office of Federal Contract Compliance Programs (OFCCP) scheduling letter for supply and service contractors. These revisions are significant as they outline…
In the recent case of Atlas Brookview Mezzanine LLC v. DB Brookview LLC, dealt by the New York Supreme Court of Trial Courts, New York County in November 2021, the assumption that an accommodation pledge linked to a mortgage loan effectively impedes a borrower’s right of redemption has come under prompt examination. This claim has…
In a recent move reflecting an evolving regulatory landscape, Massachusetts’s Attorney General (AG) is intensifying his office’s focus on the motor-vehicle-repossession sector. The AG’s concentrated efforts came to light in a recent Assurance of Discontinuance (AOD), released on January 17, 2023. In this AOD, the AG made it clear that an investigation is underway concerning…
On August 23, 2023, almost a year after the Build America Buy America Act (BABA) was signed into law, the federal Office of Management and Budget (OMB) released its “Final Guidance for Grants and Agreements”. This guidance document intends to implement BABA’s domestic content preference requirements. As legal professionals, it’s essential for us to thoroughly…
A noteworthy milestone has been passed—ten years since Brazil implemented its pioneering anti-corruption law. This legislation has paved the way for numerous investigations and criminal charges. Unsurprisingly, these developments have also led to an influx of work—for both local and international law firms. A case that still echoes in the corridors of justice is the…
The Massachusetts Cannabis Control Commission (MCCC) has scheduled a vote on September 8, 2023, to decide on several significant regulations related to the marijuana industry. These encompass medical use, adult use, Host Community Agreements (HCA), Community Impact Fee (CIF) invoicing, and social equity regulations. On August 16, 2023, MCCC posted its draft regulations for 935…
Google’s Local Services Ads, which are both effective and economical for generating leads for specific types of law practices, can now be accessed directly within Clio Grow. This follows an integration by law practice management company, Clio, with Google’s Local Services Ads. In contrast to typical pay-per-click ads, local services ads appear at the top…
London-based governmental body Transport for London (TfL) and wealth management conglomerate Lombard International have chosen to extend their current legal panel contracts. TfL, the entity governing the majority of London’s transport network, has reportedly decided to extend its panel for two more years. This decision comes with the panel framework last reviewed in 2019 and…
A decade has elapsed since Brazil incorporated a significant anti-corruption law, leading to multiple investigations, criminal charges, and a considerable amount of work for both local and international law firms. This law has been integral in tailing corruption within Latin America’s largest economy, trapping politicians and executives across the Americas, additionally providing ample work to…
Russian President Vladimir Putin recently issued an executive order commanding military units to swear an oath of allegiance to the Russian state, according to a report from JURIST. The order stipulates that individuals must “strictly follow the orders of commanders and superiors.” As per Article 87 of the Constitution of the Russian Federation, the President…
In a recent legal development, a lead generator is required to indemnify a Telephone Consumer Protection Act (TCPA) co-defendant. This ruling came from an Illinois federal court which granted summary judgment in favor of the co-defendant. This significant ruling has potentially wide-ranging implications for organizations that engage in telemarketing, and represents a victory for the…
The Food and Drug Administration (FDA) has recently issued draft guidance with regard to obtaining postmarketing data on populations who are typically underrepresented in drug clinical trials. The guidance, titled “Postmarketing Approaches to Obtain Data on Populations Underrepresented in Clinical Trials for Drugs and Biological Products” is intended to help clarify the agency’s current stance…
Despite the substantial amount of reading required in day-to-day legal work, some lawyers struggle to find the same enjoyment in reading outside of work, according to a recent editorial on Above The Law. Before entering the law profession, many found joy in novels and various non-fiction topics, relishing the opportunities to delve into an intriguing…
Template documents often hold an allure for businesses under far-reaching pressure to sign contracts swiftly. This popular solution can notably increase convenience, but veils a vital requirement. When dealing with liability provisions, careful contemplation is vital for understanding the actual intentions of the parties involved and assessing potential amendments needed for such template provisions. The…
In a significant regulatory move, the Employment Standards Act (ESA) will mandate the licensing of temporary help agencies starting from January 1, 2024. In order to legally operate, agencies will need to receive this license from the Ministry of Labour. The change signifies an intended increase in oversight and protection relating to temporary work contracts….
When it comes to contractual agreements, clarity is key. One area where this is particularly essential is in the drafting of indemnity provisions. An indemnification provision is a legally binding agreement between two parties. It specifies that one party, known as the indemnitor, will compensate the other party, the indemnitee, for any losses or damages…
In the realm of renewable energy projects, the term “site control” refers to an arrangement that bestows rights allowing the use of real property for primary due diligence and planning, eventually leading to the erection, development, functioning, and care of a renewable energy project. This intricate element of renewable energy law has recently come into…
For corporations and law firms alike, securing patent rights has always been a delicate yet crucial aspect of business practice. Existing practices may, however, be insufficient in fully capturing these rights, particularly when relying on employee handbooks, as suggested by a recent Federal Circuit case, Omni Medsci v. Apple. The case of Omni Medsci v….
The saga of the 8(a) social disadvantage eligibility continues to unfold at a rapid pace, with the fallout from the Ultima Servs. case stirring up much dispute in the realm of governmental contracts. This ongoing dispute primarily pertains to the measures and policies that determine eligibility for socially disadvantaged entities under the 8(a) program. A…
In a significant legal development in the realm of contract law and trademark infringement, the United States Court of Appeals for the Fourth Circuit confirmed that disgorgement of profits is a suitable remedy in such cases. The decision involved two real estate companies sharing the same name and resulted in almost $43 million in profit…
An investigation has recently been launched by Washington D.C. Attorney General Brian Schwalb into Leonard Leo’s network of organizations, according to a report by Politico. Leo, a leading member of the Federalist Society, has been identified as a key influence in shaping the federal judiciary over the years. His associations and his participation in non-profit…