With another eventful week in appellate news, the legal community continues to weigh and interpret several critical developments. This summary of the week’s key stories includes highlights from Howard Bashman’s How Appealing blog, a trusted online platform that provides timely information on appellate litigation. One significant matter of interest for legal observers remains the current…
In a significant move, New York State Governor Kathy Hochul has signed into law a bill that fundamentally alters the way employers can communicate with their employees on certain issues. Effective from September 6, 2023, the legislation bans “captive audience meetings”, restricting employers from mandating employees to attend meetings or listen to communications where the…
On June 29, Connecticut’s Governor, Ned Lamont, signed a bill, SB 1033, described as “Various Revisions to the Banking Statutes” into law. The changes brought by the new bill include an increase of the small loan limit to $50,000, an expansion of the Small Loan Act (SLA) licensure duties, a codified method for establishing the…
Legal professionals, particularly those delving into the realm of insurance law, are all too familiar with the complex legal matrices surrounding bad-faith insurance claims. Recently, Florida has enacted significant changes in its insurance law connected to bad faith claims in insurance coverage litigation. This legal transformation was brought to life by Senate Bill 2A and…
The U.S. Department of Health and Human Services’ recommendation to reclassify marijuana as a Schedule III drug has the potential to trigger significant ripple effects throughout the industry. This follows an executive order issued by President Biden in October 2022, which directed the Department of Health and Human Services (HHS) and the Department of Justice…
Notable recent events in the U.K. legal sector cover an array of issues, brought into focus by corporations from varied industries. Tech giants Lenovo and Motorola took their patent disagreement with InterDigital to the U.K., related to wireless tech. The case captures the perpetual challenge of patent delineation in the ever-evolving tech industry. Additionally, litigation…
In recent years, selling customer mailing lists —a long-established practice— has found itself in the hot seat of legal disputes. Litigations have been brought forward alleging violations of customers’ right of publicity from the sale of such lists. This increase in lawsuits was discussed in depth in the 2023 Data Security Incident Response Report. These…
In the multifaceted legal battle concerning opioids, an interesting development has emerged. This week, plaintiffs’ attorneys asserted that the special master, David Cohen, involved in the opioid lawsuits displayed no bias in an email he accidentally sent to all lawyers participating in the case. Cohen’s message was originally intended as a note to himself. Lawyers…
As many legal professionals may be aware, conventional doctrine in California holds that once a public agency adopts a resolution of necessity to acquire property by way of eminent domain, the resolution typically, and “conclusively,” sets forth the foundational findings of public use and necessity. Recently, however, a development that is worth paying close attention…
Navigating the complex landscape of legal indemnification can be a daunting task, even for seasoned attorneys and corporate legal professionals. A recent case in Ohio sheds light on the applicability of indemnification and the standards that need to be met for a successful claim. In the appeal case, Bradford v. A Star Properties LLC, that…
The United States Equal Employment Opportunity Commission (EEOC) has recently filed a lawsuit against electric car giant, Tesla Inc., alleging racial harassment and retaliation. The federal lawsuit, originating from Fremont, California, claims that Tesla violated federal law by enduring widespread racial harassment targeting their Black employees. Furthermore, it is suggested that certain employees were subjected…
The D.C. Circuit Court has released a critical decision regarding issue class certification relative to damages claims, spotlighting the necessity for all stipulations of Rule 23 to be met. Often, the certification of damages claims is determined by whether individual issues precede common issues within the context of Federal Rule 23(b)(3). Class plaintiffs who confront…
In recent legal developments, a federal district court in Maryland has granted class certification in a case that saw borrowers filing legal action against their mortgage lender for alleged kickbacks from a title company. The objection claimed that these kickbacks were in clear violation of RESPA (Real Estate Settlement Procedures Act) and RICO (Racketeer Influenced…
Recent cases of data breaches have prompted debate among legal experts, questioning whether certain types of data violations should warrant greater penalties. With the growing dependence on digital technology, extensive amounts of personal and sensitive data are exposed to potential threats. Legal professionals worldwide are pondering over the idea that not all breaches are equal,…
In a significant development in the realm of franchisee law, a Minnesota federal court recently denied cookie dough franchisor Cookie Dough Bliss Franchising’s bid for a temporary restraining order and preliminary injunction against a former Minnesota franchisee and its owners. This represents a noteworthy instance of a non-compete clause, often embedded in franchise agreements, encountering…
News transpired this morning when Boies Schiller & Flexner revealed that Judge Shira Scheindlin is quitting Stroock & Stroock & Lavan to join their legal cadre as of counsel. With seven years of exceptional legal services under her belt at Stroock, Judge Scheindlin’s departure embodies the latest high-profile exit from the said firm. Stroock &…
In a recent ruling, the Seventh Circuit Court of Appeals has insisted on a trial to determine whether an account user of PayPal received adequate notice concerning an agreement to arbitrate putative class claims against the company. The decision underlines the ongoing challenge for businesses in establishing and enforcing clear and effective user agreements that…
On October 26th, the ACEDS Ohio Chapter and Consilio will come together for an Educational and Networking Event known as ‘The New Black Box – ChatGPT, Generative AI and Legal Technology’ in Covington, KY. This event, expected to congregate top-tier legal professionals, promises to delve deep into the developments and implications of Generative AI in…
In a significant move, the Consumer Finance Protection Bureau (CFPB) has issued Circular 2023-03 elucidating the necessity for creditors employing artificial intelligence (AI) or complex credit models to provide specific and precise reasons for adverse action taken, in compliance with the Equal Credit Opportunity Act (ECOA). This recent update emerged in response to the rapidly…
In a significant move last week, the U.S. Department of Labor (DOL) and the Federal Trade Commission (FTC) announced a collaborative initiative, focused on sharing information and streamlining enforcement efforts across their respective agencies. This measure has been facilitated through a newly entered memorandum of understanding, as first reported by Parker Poe Adams & Bernstein…
The Centers for Medicare & Medicaid Services (CMS) has made strides towards simplifying the enrolment and eligibility procedures for the Medicare Savings Programs. This move is set to benefit individuals with restricted earnings wanting to register and renew subscriptions for Medicare Savings Programs (MSPs). This development came into effect on September 21, ensuing the final…
In a notable development, the Supreme Court has agreed to address an ongoing disagreement across circuits concerning the nature of disclosures that companies must provide as per a rule of the U.S. Securities and Exchange Commission (SEC). The decision comes as the Supreme Court accepted to consider a challenge to a ruling by the Second…
In a recently released Strategic Enforcement Plan for 2024-28, the U.S. Equal Employment Opportunity Commission (EEOC) outlined its key priorities, or the “not-so-sweet six,” that will gain increased attention in upcoming years. This information proves to be crucial for legal professionals and corporations as it offers a helpful preview of potential challenges that might trigger…
In what is becoming a consistent focus in legal discussions, the False Claims Act’s (FCA) materiality requirement has once again landed under the spotlight. This was the case in a pivotal decision made recently by the Third Circuit Court of Appeals. The requirement’s interpretation, as originally articulated by the U.S. Supreme Court in Universal Health…
The United States Trustee Program, a component within the Department of Justice, carries the responsibility for the efficient administration of bankruptcy cases throughout most of the country. Since its establishment in 1986, it has been operating across all states except for North Carolina and Alabama, where a separate Administrator Program manages bankruptcy filings. While many…