Whether taking a deposition in person or remotely, maintaining an unambiguous record is an essential tool for use at trial, possible settlement, and/or impeachment. This has been reaffirmed in a recent article that compiled the top tips for creating a clear record, polling hundreds of court reporters with thousands of reporting hours under their belts….
The District of New Jersey, a prominent venue for many corporate legal battles, has recently received 13 additional cases concerning insulin price fixing, a sign that the contentious issue continues to attract legal scrutiny. As one may gather from the recent article from Law.com, these cases have been handed over to a federal judge who…
In a unanimous ruling by the Supreme Court on June 1, 2023, a notable change in False Claims Act (FCA) litigation has been established. The landmark decision from two consolidated cases, U.S. ex rel. Proctor v. Safeway Inc. and U.S. ex rel. Schutte et al. v. SuperValu Inc., has set a new standard — now…
The ongoing patent battle over Apple Watch could potentially transform the role of the U.S. International Trade Commission (ITC), according to Apple Inc. The technology giant has recently expressed its concerns to the Federal Circuit regarding the ITC’s decision to ban the importation of Apple Watches due to patent infringement claims. In response to the…
A recent report reveals that U.S. District Judge Rodney Gilstrap has declared a pause on all deadlines relating to the ongoing dispute between the California Institute of Technology and electronics conglomerate Samsung. On Tuesday, Caltech and Samsung informed the court that they are on the verge of signing a settlement agreement, intended to resolve the…
As an increasing concern in today’s digital age, data security breaches continue to pose major threats to corporations worldwide. The most recent casualty is Mutual of Omaha Rx, a subsidiary of Omaha Health Insurance Company (“OHIC”), itself a division of Mutual of Omaha. OHIC reported a data breach involving sensitive member information to the Attorney…
The Trademark Trial and Appeal Board (TTAB) has determined that a cap exists on the number of counterarguments permitted in response to expert reports. This resolution is a recent occurrence in a trademark case initiated by Monster Energy. The energy drink behemoth is opposing a fitness equipment manufacturer’s attempt to register the term “Monster Lite”…
The legal counsel representing students and their families in a class-action lawsuit against the Fairfax County schools and the Virginia Department of Education (DOE) are gearing up to appeal a district court’s dismissal. The dismissal is based on a new precedent set by the U.S. Supreme Court. Concurrently, these representatives are calling for an investigation…
Recent developments have emerged concerning amendments to the Colorado Equal Pay for Equal Work Act (the “Act”). These alterations will take effect as of January 1, 2024 (the “2024 Amendments”) and are being monitored closely by legal professionals worldwide, particularly those serving in the corporate sector. The Colorado Department of Labor and Employment (“CDLE”) is…
In continuing with their expansion plans on the West Coast, Duane Morris LLP recently announced a new addition to their team. They are adding a seasoned white-collar lawyer and Intellectual Property (IP) attorney to their San Francisco team, reinforcing their litigation capability in the region. The attorney, formerly associated with DLA Piper, is set to…
In a recent legal development pertaining to distributor relationships, the Ninth Circuit has made a significant ruling. The court has permitted suppliers and manufacturers in Washington to contractually agree on termination of distributor relationship without cause, and also puts a limit to remedies for such termination. Details of this ruling emerge from the case of…
The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and the United States Army, Pine Bluff Arsenal (U.S.) have reportedly entered into a Consent Administrative Order (CAO) as of July 13. This action is specifically in response to issues arising from dense nonaqueous phase liquid (DNAPL) contamination. The Consent Administrative Order…
In an intriguing development, the Ninth Circuit presents a decision surrounding a question that is steadily gaining significance in a post-pandemic legal environment. The court establishes that Rule 45(c) of the Federal Rules of Civil Procedure, which implements a 100-mile limitation, also pertains to remote testimonies. This decision is particularly relevant to a legal industry,…
Evidence before a Minnesota federal court this week revealed that food distribution giant, Sysco, and legal investment firm, Burford Capital, settled a dispute over control of settlement approval. However, this dispute has been dismissed as irrelevant to a request to replace the plaintiff in a pork price-fixing lawsuit with a Burford-affiliated entity. As Law360 reports,…
The US Securities and Exchange Commission (SEC) has recently adopted new regulations mandating public companies to disclose substantial cybersecurity incidents on Form 8-K within four working days of ascertaining the materiality of such an event. The jurisdiction of the SEC also demands companies to elaborate routinely on their methods for assessing, pinpointing, and managing significant…
In a seeming turn of events, two island communities on the East Coast, Nantucket and Martha’s Vineyard, are witnessing what appears to be the end of lawsuits characterised by ‘Not In My Backyard’ or NIMBY attitudes. Residents of Nantucket had initiated a lawsuit to block the operation of a local fried clam and soft serve…
Recent developments in the Ripple Labs litigation case have caught the attention of both the cryptocurrency community and the Securities and Exchange Commission (SEC). Just a fortnight ago, we noted the partial win for Ripple when Judge Analisa Torres granted a partial summary judgment in favor of Ripple. The decision addresses the question of whether…
Environmental advocacy and the protection of clean water continue to play significant roles in public policy and legal arenas. A recent development in this space involves Black Warrior Riverkeeper, Inc., a non-profit dedicated to the protection and restoration of the Black Warrior River watershed. The organization, together with the Greater-Birmingham Alliance to Stop Pollution, has…
The concept of ‘shotgun’ pleadings in U.S federal litigation can be complex and yet, pivotal in the way a trial progresses. For legal professionals working in corporate law firms, these pleadings become a part of the intricate legal strategy around federal cases. Paraphrasing a popular phrase from House of Pain’s 1992 hit song, “Jump Around,”…
In today’s fast-paced, technologically driven world, law firms and corporations are continually required to sift through large volumes of electronic documents. A key process in this endeavour is known as Document Review for eDiscovery, a critical stage that involves examining collected documents to unveil evidence that is pertinent, responsive and privileged. In this article posted…
In a recent patent dispute, a panel from the Patent Trial and Appeal Board (PTAB) invalidated eight claims tied to the design of a uniquely developed orthopedic implant by surgical device powerhouse, Stryker. The implant, geared to fit between two bone parts, was contended in a lawsuit set forth in an Illinois federal court against…
In a recent court hearing at Montgomery County Circuit Court, it surfaced that the Alabama Medical Cannabis Commission staff is ready to proceed with licensee announcements at its next meeting. Judge James Anderson, who presides over all ongoing medical cannabis litigation, would permit this procedure to continue unimpeded until he hears challenges to the process….
In early July, seven more Humira® (adalimumab) biosimilars, including a single interchangeable, joined Amjevita™ (adalimumab-atto) on the US market. Abrilada™ (adalimumab-afzb) remains the sole FDA-approved adalimumab biosimilar yet to be launched, despite predictions for an early release as of July 2023. The addition of these new biosimilars is poised to shake up the market considerably…
The landscape of California employment law continues to evolve in nuanced ways, particularly in relation to Professional and Administrative pay exemptions. This is a topic that impacts numerous corporations and law firms as changes in exemption rules may influence employment contracts, employee classification, and overall business strategy. According to a recent podcast featured on JD…
On July 19, 2023, a lawsuit was instigated against a Utah-based fintech company by the Consumer Financial Protection Bureau (CFPB). The Bureau alleged that the firm, along with several of its affiliates, deceived consumers by obscuring the terms of its financing agreements, thereby violating the Consumer Financial Protection Act (CFPA) and the Truth in Lending…