In a recent legal development, a New York federal district court has refused to dismiss a lawsuit initiated by the Consumer Financial Protection Bureau (CFPB). Filed in January 2022, this case targets three corporate defendants known to purchase portfolios of defaulted debts, and three individuals acknowledged as the owners and/or officers of these corporations. This…
After enduring several years of litigation, the U.S. Supreme Court has concluded the legal saga surrounding the Optional Practical Training (OPT) and STEM OPT programs. In a decisive move on October 2, 2023, the Supreme Court declined to hear a challenge mounted by a technology workers’ union against the Obama-era program. The OPT and STEM…
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) distributed a Proposed Enforcement Guidance on Harassment in the Workplace. The proposal seeks to outline a legal framework for harassment standards and employer liability relevant to harassment claims under the statutes enforced by the EEOC. Legal professionals and individuals alike are invited to submit their…
In a divided decision, the en banc panel of the Ninth Circuit has made a significant ruling suggesting that a university could face liability under Title IX in the event of sexual harassment occurring off-campus. If the alleged perpetrator demonstrates that the school exercised “substantial control” over the context in which the conduct occurred, the…
In a recent event showcasing the ongoing intersection of corporate operations and legal obligations, Albuquerque-based Public Service Company of New Mexico and PNMR Services Co. (together known as PNM) have agreed upon a $750,000 settlement for an employment discrimination lawsuit. As reported, this development has been verified by the U.S. Equal Employment Opportunity Commission (EEOC)….
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released a long-awaited updated guidance on workplace harassment. The previous guidance, which had been in place, had not been renewed since 1999. The prolonged gestation period of this update underscores its importance to corporate and legal professionals as they navigate the complex landscape of employment…
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued its much-awaited Proposed Enforcement Guidance on Harassment in the Workplace, marking the first time since 1999 that the agency has updated its guidelines on the topic. The recommendations from EEOC, expected to go through the usual rule-making process, will hold a significant influence on…
In a pivotal decision on September 13, 2023, the Oregon Court of Appeals rendered a judgment regarding the insurer, Arrowood Indemnity Company’s (“Arrowood”), arguments about its duty to defend in environmental litigation. This case, in particular, related to the Portland Harbor Superfund site (“Superfund site”). The case, titled State of Oregon v. Pacific Indemnity Company,…
Nearly six years subsequent to prior endeavors to issue guidance that came to a standstill, the Equal Employment Opportunity Commission (EEOC) announced a highly anticipated draft guidance regarding workplace harassment on September 29, 2023. The EEOC, functioning under its mandate to enforce federal employment discrimination laws, strives to shield employees from harassment on the grounds…
In light of the complexities involved in estate planning for unmarried couples, there is a growing necessity for lawyers and financial advisors to stay abreast of the latest regulations and legal considerations. As outlined in a recent article, which was authored by the esteemed legal firm Lippes Mathias LLP, asset distribution after the death of…
Global law firm Kirkland & Ellis has recently launched a lawsuit on behalf of Teva Pharmaceuticals USA. The legal action, filed in the U.S. District Court for the District of Colorado, challenges the constitutionality of Colorado’s recently enacted House Bill 23-1002. The contentious bill in question regulates the distribution of generic epinephrine auto-injectors, more widely…
On September 5, 2023, the United States Government Accountability Office (GAO) published a report that bears particular significance for healthcare and pharmaceutical law professionals: Medicare Part D: CMS Should Monitor Effects of Rebates on Plan Formularies and Beneficiary Spending. The report represents the GAO’s comprehensive assessment of Medicare Part D, with a focus on the…
As legal proceedings continue today, it is the third day of the fraud trial of Sam Bankman-Fried, founder of FTX, one of the fastest-growing cryptocurrency exchanges. The case has seen significant attention in the legal sphere, with audit trails laying bare complex transactional patterns that are now under intense scrutiny. Updates from Law360 reporters indicate…
A recent article has shed light on the strenuous and time-consuming process that legal firms and corporations face in handling disability litigation. This involves going through the meticulous task of redacting sensitive data in disability, insurance, personal injury, and medical malpractice litigation cases. Given the necessity of sharing or e-filing medical records and insurance documentation…
With the rapid digitalization of legal processes across the globe, e-discovery – the identification, collection and production of electronic data in litigation – has become a pivotal point of intersection for various areas of the law, including privacy, cybersecurity, and legal operations. On October 20th, at 2:00 pm ET, an upcoming webinar titled, The E-Discovery…
The past week has seen considerable action on the 340B front, as promising cases make their way through the courts across the nation. This information holds vital import for corporate legal experts who are invested in observing the unfolding litigation surrounding this key issue. The legal firm McDermott Will & Emery maintains a vigil over…
October 2023 had a significant impact on U.S. immigration law and policy, according to insights highlighted on JD Supra. With critical legal updates, the landscape for legal professionals, corporate businesses, and immigrants continues to shift. The most prominent development in October was the Congressional passing of a stopgap bill on September 30, 2023. This measure…
In a marked progress in the no-poach litigation landscape, the Seventh Circuit Court has now revived the lawsuit involving employees of renowned fast-food chain McDonald’s. In June 2022, McDonald’s had achieved a judgment based on the pleadings, effectively putting an end to an antitrust litigation that questioned the legality of a no-hire clause previously included…
The Equal Employment Opportunity Commission (EEOC) recently proposed new regulations centered around the clarification and implementation of the Pregnant Workers Fairness Act (PWFA). The Act, which came into law earlier this year, is set to have significant implications for employers across the board. As reported by Gray Reed, the primary focus of these proposed regulations…
The latest issue of the Real Estate Litigation Newsletter, ‘Law of the Land’ – October 2023, Volume II, Issue IV, delved into an interesting matter of plaintiff-tenant’s claim and landlord’s dispute. This comprehensive publication can be accessed from the link at the end of this text. The case in question, Sourcing Unlimited, Inc. v. Cummings…
Legal professionals worldwide should take note of recent trends indicating increased litigation spending, a notable shift in the legal landscape. According to a report set for release this Thursday, there are four law firms which are notably feared by general counsel and law firm leaders when it comes to face-offs in court. This development offers…
In a legal development that could have significant ramifications for the financial industry, the Upper Tribunal has upheld the decision of the First Tier Tax Tribunal (FTT) pertaining to the application of the salaried member rules in the Bluecrest case. The ruling is particularly relevant to asset managers operating as Limited Liability Partnerships (LLPs). Details…
In significant news for both the Massachusetts Superior Court and the world of corporate law, it was announced on Wednesday that the co-chair of securities litigation at Mintz Levin Cohn Ferris Glovsky & Popeo PC, and a solo practitioner from Springfield have been nominated to serve as associate justices. The breadth of legal expertise they…
In the realm of United States law, recent Supreme Court decisions paint the Federal Trade Commission (FTC) in a less than favorable light. Notably, the FTC endured well-publicized losses in the cases of AMG and Axon. But if we switch our gaze to the district court level, we find a different scenario. Here, setbacks for…
Legal professionals worldwide should stay informed of key policy and regulatory developments coming out of the European Union (EU), particularly with regards to emergency responses. This awareness is crucial for law firms and corporations who need to stay compliant with new regulations, and to anticipate potential future changes in the legal landscape. A recent update…