Welcome to the most recent quarterly update surrounding biologics and biosimilars, with specific focus on post-grant and patent litigation challenges to globally recognized biologics. A note of interest: since the implementation of the Biologics Price Competition and Innovation Act (BPCIA), 43 biosimilars have received approval, with 37 having officially launched. The BPCIA has played a…
In an extraordinary development that has caught the attention of global law firms and multinational corporations alike, software company SolarWinds Corporation and its Chief Information Security Officer, Timothy G. Brown, have been charged with fraud and internal controls charges by the Securities and Exchange Commission (SEC). At the crux of this case is a large-scale…
In the complex realm of legal process, an emerging topic of discussion is the necessity of “due diligence” when performing “affix and mail” service (or “nail and mail” as it’s colloquially known). This unconventional method of service under CPLR § 308(4) has recently sparked some dispute, particularly regarding what constitutes adequate diligence. The burden of…
November 2023 has seen significant developments in energy and sustainability litigation, primarily in response to federal regulatory amendments. The main regulation that made headlines was the “Names Rule” amendment by the Securities and Exchange Commission (SEC). On September 20, 2023, the SEC approved changes to the “Names Rule”. Initially proposed in May 2022, this rule…
In a significant interpretation of US environmental law, the United States Court of Appeals for the Fifth Circuit (“5th Circuit”) has delivered an October 27th Opinion addressing an issue arising out of the Oil Pollution Act of 1990 (“OPA”) and Comprehensive Environmental Response, Compensation, and Lability Act of 1980 (“CERCLA”). For background, OPA and CERCLA…
In a recent turn of events, opposing patent damages experts faced rough waters in the Ecolab Inc. v. Dubois Chemicals, Inc. case. Judge Andrews of Delaware District Court granted Daubert motions challenging the credibility of the experts and their respective calculations of reasonable royalty opinions. This occurrence underlines the necessity for careful crafting of patent…
Recently, the proposed EU measures intended to increase press freedom and safety have been highlighted in a dispatch from the EU by law students from the European Union reporting for JURIST. The ongoing threats facing journalists in the European Union (EU) and its member states have increasingly caught global attention. On the International Day to…
In a recent Federal Circuit Patent review, the case of CYNTEC COMPANY, LTD. v. CHILISIN ELECTRONICS CORP., CHILISIN AMERICA LTD. highlighted the need for clarity in legal documentation, particularly from the perspective of the Board. In a reversal of the district court’s judgement as a matter of law (JMOL) of nonobviousness, the case now faces…
In recent news, the Eighth Circuit Court of Appeals made a notable ruling with regard to the use of arbitration clauses. The court affirmed the denial of a motion to compel arbitration which was filed by a plaintiff. The court’s rationale in this case speaks to broader implications for how companies handle contract disputes involving…
On October 26, Delaware Attorney General (AG) Kathleen Jennings initiated legal action against fourteen chemical companies, alleging their liability for contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS). PFAS are traceable to the use and disposal of aqueous film-forming foam (AFFF), a firefighting foam product extensively employed at airports and military bases….
In the age of globalization, businesses constantly confront a wide array of interconnected legal and reputational challenges. But when issues snowball across borders, they can present more complicated hurdles as news of developing situations like product recalls, security breaches, or even government investigations get rapidly magnified worldwide. Such cross-border disputes frequently involve simultaneous legal proceedings…
High-profile lawsuits are being pursued against L’Oréal and similar hair product companies, fueled by allegations of the companies selling hazardous chemical hair straighteners. Recent research indicates that women who ‘frequently’ use these products – defined as four or more times annually – face a 2.5-fold increase in the risk of developing uterine cancer. In response…
The appellate courts for the second and ninth circuits recently fortified the reasonable consumer standard, adding to the existing arsenal of defensive tools for corporations and law firms involved in food litigation cases. This series of decisions refines prior precedent, bolstering a court’s authority to properly dismiss cases where labeling claims would fail to plausibly…
In a recent judgment, the High Court of England and Wales demonstrated that enforcement of a judgment might still be possible in England, even when it can no longer be enforced in its original jurisdiction, highlighting an essential aspect of transnational litigation. The case in question is Invest Bank PSC v. Ahmad Mohammed El-Husseini and…
In an increasingly digital business landscape, the role of in-house counsel is evolving to involve a heightened focus on privacy compliance. A key contributor to this shift is the growing complexity of digital tracking software such as pixels. Unlike cookies, which can be blocked with privacy software, pixels are creating a multitude of challenges for…
In the midst of a rapidly evolving environment marked by shifts in privacy laws and a surge in related litigation, renowned member of the defense bar, Sean M. Buckley, underlines the urgent need for the corporate sector to assess their compliance. This call to action is, in large part, a reaction to the rising tide…
In a crucial update on environmental justice, the Department of Justice (DOJ) has released the first-ever Environmental Justice Enforcement Strategy Report. A keystone project of the DOJ’s newly minted Office of Environmental Justice, the report reflects a significant commitment by the DOJ towards advancing environmental justice across the nation. The Comprehensive Environmental Justice Enforcement Strategy…
In a stunning reshuffle in legal circles, more than 30 partners from the law firm Stroock & Stroock & Lavan are poised to move to Hogan Lovells, putting their previous employer on the precipice of dissolution. Among the partners who are set to join Hogan in this transition is Jeff Keitelman, the New York-based co-managing…
In a recent case of Adams v. Chevron USA Inc. taking place in Louisiana, a settlement agreement failed to release a non-party. This unlikely scenario was revealed when plaintiffs asserted that Chevron’s oilfield pipe-cleaning activities resulted in the contamination of their property with Naturally Occurring Radioactive Materials (NORM). The land, allegedly tainted with NORM, was…
The New York Attorney General (NYAG), Letitia James, has settled with Personal Touch, a Long Island-based home health company, for an amount of $350,000 related to a data breach in January 2021, according to a recent press release. The data breach was caused when an employee at Personal Touch opened a malware-infected file attached to…
The Environmental Protection Agency (EPA) has recently proposed a risk management rule that is likely to ban the production, processing, and distribution of Trichloroethylene (TCE). TCE is a chemical compound widely used in myriad industrial and domestic applications. The rule is part of the EPA’s actions under the Toxic Substances Control Act (TSCA). Designed to…
In a recent decision, the Fourth Circuit has rejected the use of comparator evidence in an Equal Pay Act claim. The ruling sets a precedent potentially changing the landscape of future Equal Pay Act litigation. Under Equal Pay Act, the plaintiff must demonstrate that they received lower pay than a comparable male employee to succeed…
The legal sector never sleeps, and this week has been no different with multiple noteworthy incidents unfolding both in and outside the courtroom. All the following information has been collated and evaluated thanks to the hard work of Howard Bashman at his How Appealing blog, the first-ever blog dedicated to appellate litigation. One of the…
Legal professionals operating in the construction industry and related sectors understand just how integral contracts are to any project. One particular area that often receives significant scrutiny is the notice and claim procedures specified within the terms of these contracts. These procedures play a crucial role in ensuring that projects run smoothly, yet they can…
In the past week, U.K’s legal scene has been abuzz with a number of significant lawsuits. Among the highlights, a London-based venture capital firm has levelled accusations of commercial fraud against defunct crypto lender Celsius and its CEO. Adding further intrigue, law firms Wiggin and Reynolds Porter Chamberlain face a lawsuit lodged by a man…