The case of FS.COM INC. v. International Trade Commission, with Corning Optical Communications LLC intervening, continues to reshape our understanding of patent validity in the context of import regulations. In case proceedings dated April 20, 2023, the overarching discourse returns to two vital aspects of patent law: enablement and claim construction. A full explanation of…
In the continually evolving arena of patent law, the third week of July 2023 has seen pivotal advancement in patent cases adjudicated by the Federal Circuit. One such central case involved the United Therapeutics Corp. and Liquidia Technologies, Inc. (Nos. 2022-2217, 2023-1021, Fed. Cir. (D. Del.) July 24, 2023). The case merits attention due to…
On July 31, the Board of Governors of the Federal Reserve System (the Federal Reserve) issued its July Senior Loan Officer Opinion Survey on Bank Lending Practices. The survey addressed changing variations in the standards, terms, and demands for bank loans catering to businesses and households in the second quarter of 2023. According to the…
In a recent development from the legal sector, the Appellate Court of Maryland has held that the “Loss Before Foreclosure Rule” should be applied to nonrecourse reserve mortgages. For legal professionals working in the property industry, this ruling can impact the application of relevant loan and property regulations. The “Loss before foreclosure rule,” as expressed…
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…
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…
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…
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 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…
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…
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…
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…
As waves of layoffs continue to take over Biglaw firms this summer, the legal community is being driven to question the reasons behind such prevalent attrition. Only a handful of months ago, Kate Reder Sheikh of Major, Lindsey & Africa mentioned that some firms were grappling with overcapacity among their personnel which essentially alluded to…
In recent years, the corporate rescue scheme known as examinership has been effectively utilised in Ireland, displaying impressive adaptability to the requirements of modern complex cross-border corporate restructurings. This approach was introduced in 1990 and has consistently evolved to efficiently handle the dynamics of the corporate business landscape. The examinership scheme has achieved increased significance,…
As outlined in a thought-provoking piece on Above the Law, the realm of in-house legal titles proves to be quite elusive. For those new to the legal practice, there appear to be primarily two kinds of roles in law firms — associates and partners/shareholders. As one gains experience, variations such as senior associate or equity…
In an increasingly dynamic and divided political climate, boards of directors and the corporations they govern are grappling with a spectrum of pressures from diverse stakeholders to chime in on specific political, cultural, and societal issues. Navigating these pressures can be a complex undertaking, but recent judgement by the Delaware Chancery Court provides some essential…
The Department of Health and Human Services (HHS), Office of Inspector General (OIG), announced on June 27, 2023, an amendment to the civil money penalty (CMP) regulations under the Information Blocking Rule. This significant development, lodged on the OIG’s official website, incorporates new CMP authority and elevates the maximum penalties associated with specific CMP violations….
Offshore bankruptcy and restructuring have always stood as complex, nuanced areas of law, necessitating an in-depth understanding of numerous jurisdictions and principles. Recent offshore cases underline the rising role of creditors’ views and interests, often in contrast with those of shareholders and the management of distressed companies. These cases address critical considerations such as winding…
In recent news, the Organisation for Economic Cooperation and Development (OECD) publicized a fresh addition to its Series on Harmonization of Regulatory Oversight in Biotechnology, titled Safety Assessment of Transgenic Organisms in the Environment, Volume 10: OECD Consensus Document on Environmental Considerations for the Release of Transgenic Plants, on July 27, 2023. According to JD…
In a recent turn of events, the National Labor Relations Board (NLRB) has once again amended its criterion for assessing employer handbook policies and rules under the National Labor Relations Act (NLRA). This modification overturns the previous NLRB’s 2017 Boeing Co. resolution. The NLRB’s new ruling was evident in the case of Stericycle Inc., indicating…
Legal professionals and corporate stakeholders have turned their attention to California as a series of significant legal updates have recently come into effect. Of particular interest is the change in enforcement start date for the California Consumer Privacy Act (CCPA), along with two new ordinances for Los Angeles businesses. For those unaware, The CCPA imposed…
The U.S. Securities and Exchange Commission (SEC) has implemented a significant new policy regarding cybersecurity disclosure requirements, according to a recent report. As of July 26, 2023, all public companies that fall under the reporting obligations and handle data collection or processing are subject to the rule. This rule, named the Cybersecurity Risk Management, Strategy,…