Legal firm Nutter McClennen & Fish LLP has filed a lawsuit against its downtown Boston landlord, alleging an attempt to exact $1.5 million in additional rent. The extra charges are purportedly associated with tax and operational cost calculations not substantiated by the terms of their lease agreement. This lawsuit underscores the potential complexities and legal…
Not many general counsels will declare that their company’s COBRA notice is what keeps them awake at night. Yet, as recent class action litigation reveals, challenges to COBRA notices and issues that present themselves can be simply addressed to evade complex litigation. Consolidated Omnibus Budget Reconciliation Act (COBRA) provides employees and their families who lose…
On September 27, 2023, a monumental decision emerged from the District of Massachusetts. The Chief Judge ruled that in False Claims Act (“FCA”) cases rooted in alleged infringements of the Anti-Kickback Statute (“AKS”), the applicable standard is but-for causation. This decision diverges from the regular citation of the 2018 Third Circuit case, United States ex…
The U.S Supreme Court has agreed to carry a case this term that is centered on the split circuit regarding the sorts of disclosures that private plaintiffs can enforce under Section 10(b) of the Securities Exchange Act of 1934. Section 10(b) is designed to prohibit deception related with the purchase or sale of securities. It…
In a recent development in the Pennsylvania legal scene, the Middle District has confirmed a key principle in tort law, where the tort plaintiff is capable of suing the tortfeasor directly, rather than their insurer. This notable case, namely Nails v. Amguard Ins. Co., 3:23-cv-557, 2023 WL 5163286 (M.D. Pa. Jul. 10, 2023), adopted, 2023…
In a decision that could impact many legal professionals, the Arizona Court of Appeals issued a pertinent opinion in Audit-USA v. Maricopa County in February of 2023. The case offers significant insight into the complexities of Arizona’s public records laws. The court’s decision provides a noteworthy reminder of the practices mandated by statute, which may…
The United States Court of Appeals for the Fourth Circuit has recently established new standards for plaintiffs seeking unjust enrichment as an equitable remedy under the Employee Retirement Income Security Act (ERISA). This development offers clarity about the circumstances under which a plaintiff may seek a monetary recovery under § 502(a)(3) of ERISA, a section…
In an unprecedented move, the Food and Drug Administration (FDA) issued a new draft guidance on September 18, 2023, named “Labeling for Biosimilar and Interchangeable Biosimilar Products”. It replaces their previous labeling guidance “Labeling for Biosimilar Products” from July 2018. Detailed by Venable LLP, the FDA specified significant revisons from the prior guidance. The agency…
Legal practitioners across the corporate sector should take note of a recent ruling by the Texas Supreme Court that underscores the necessity for an “intent to deceive” in order to void an insurance policy. This ruling serves to reinforce common law precedent with a concentration on the practices within the insurance sphere. In the judgement,…
Amidst the unfolding drama of Sam Bankman-Fried’s legal battles, the case reveals substantial lessons on fraud, directors’ and officers’ (D&O) insurance, and the decision-making processes involved during criminal trials. Bankman-Fried’s criminal trial kicked off recently, which in itself would normally be a headline-grabber. However, on the same day, he also levied a lawsuit against one…
False Claims Act (FCA) litigation has been a legal stumbling block widely observed in U.S. courts, particularly regarding cases allegedly founded on kickback systems. Differing interpretations of the applicable causation standards have created a jurisprudential rift, marked by continued struggle among various courts around the nation. At present, the U.S. Supreme Court has chosen to…
In an important development for legal professionals, particularly those involved with eDiscovery, a webinar titled “Important eDiscovery Case Law Decisions for October 2023” is due to take place on October 24th, 2023, between 1:00 pm – 2:00 pm ET. The seminar will focus on key cases covered by the eDiscovery Today blog in what promises…
Welcome to this week’s roundup of legal highlights from Howard Bashman’s How Appealing blog, a service dedicated to providing updates on appellate litigation. This week’s collection includes insights and commentary on a range of topics, with emphasis on the controversies surrounding the U.S. Supreme Court. In a recent Jurisprudence essay published on Slate, Sarah Lipton-Lubet…
In recent years, many women have initiated lawsuits against hair product companies like Revlon and L’Oréal, an alarming trend worthy of legal and consumer attention. The root of these allegations lies mainly in the alleged side effects of chemical hair straighteners, especially considering the increased risk of developing uterine cancer. According to details from a…
In this analysis, we provide an update on the recent developments of product liability laws concerning major corporations and law firms primarily in Massachusetts but also including developments in New York and New Jersey. This coverage is based primarily on the ‘Product Liability Update – September 2023’ published by Foley Hoag LLP. In a significant…
In a recent development in the realm of patent law, Bristol-Myers Squibb Co. and Xspray Pharma AB are involved in a legal battle concerning the technology behind Sprycel®/Dasynoc® (dasatinib). The case, identified as Bristol-Myers Squibb Co. v. Xspray Pharma AB, No. CV 22-964 (RMB/MJS), 2023 WL 3354261 (D.N.J. Apr. 25, 2023) (Bumb, J.), pertains to…
In a long-awaited decision, the U.S. District Court for the District of Columbia upheld the Department of Housing and Urban Development (HUD)’s Disparate-Impact Rule (Rule) last month. This marks the end of a decade-long string of legal challenges by insurance trade associations, arguing against the legality of the Rule under the Federal Housing Act (FHA)….
The state of California has recently found itself at the center of a crucial development in employment law concerning wage and hour regulations. In particular, attention has been drawn to the recent Ninth Circuit decision, which puts forth new requirements anchoring California employers that elect to furlough or temporarily lay off employees without providing them…
In a significant move, the federal government decided not to intervene – at least for now – in a recently unsealed case against Penn State, which is seen as an indicator of the increasing utilisation of the False Claims Act in cybersecurity enforcement. According to the details available to date, the court allowed the government…
If you’re an in-house counsel dealing with high-stakes litigation, you would want the world’s finest litigators on your side. It’s essential to have a team that strikes fear in opposing counsels, a team known for its intense litigation strategies and records of success. However, how could you guarantee that you’ve chosen the correct firm? BTI…
In the world of ERISA litigation, keeping an eye on recent decisions can be informative and potentially impactful for corporations and law firms alike. This October 2023 edition of The Friday Five, provides a concise exploration of recent rulings. Saul Ewing LLP highlights cases that cover a wide array of topics, including the questionable effect…
In a notable development, the New York State Court of Appeals recently provided new insights on a long-debated subject in the legal world: the assumption of risk doctrine. The case under consideration involved an injured high school baseball player, whose case, the court has affirmed, must proceed to trial. The assumption of risk doctrine, as…
In a notable legal turn of events, a federal magistrate judge has recommended that a lawsuit rooted in public drinking water contamination can proceed under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. The lawsuit stems from the use of per-and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” by a paper mill near…
The curious case of Bumble Bee Tuna, one of the long-running multidistrict litigations, took an unexpected turn. The corporate bigwigs mingling in private equity could learn more than a thing or two about the court’s recent decision. The cause: an alleged price-fixing conspiracy involving none other than a leading provider of seafood, canned tuna to…
Navigating the complex world of litigation is a task that the legal departments in corporations and law firms handle in their stride. And with the conclusion of a case comes a particularly interesting question: ‘What happens when the litigation hold is over?’ For those who are new to the concept, a litigation hold is a…