In a recent legal development, Kasowitz Benson Torres LLP has been disqualified from acting as litigation counsel for the unsecured creditors committee in the ongoing Chapter 11 case of mortgage lender AmeriFirst Financial. The ruling was issued by a Delaware judge underpinning that Kasowitz had previously represented the debtor in related legal disputes involving a…
In an unexpected turn of legal strategy, the lawyers of former U.S. President Donald Trump have admitted the reality of the COVID-19 virus, a claim their client has controversially labelled as “fake” in the past. The newfound recognition of the pandemic, however, is seen not as a shift towards scientific consensus but rather as a…
The National Labor Relations Board (NLRB) recently issued its Final Rule regarding what constitutes joint-employer status under the National Labor Relations Act. This new regulation in employment law supersedes the more rigid 2020 standard, significantly altering the required level of control over employees to establish a joint-employer relationship. The association between legal firm Bradley Arant…
In a bid to resume its regulatory oversight on Broadband Internet Access Service (BIAS), the Federal Communications Commission (FCC) recently adopted a Notice of Proposed Rulemaking (NPRM). Centered on the principles of net neutrality, this proposal largely retraces the groundwork laid out in an order that was adopted by the FCC in 2015 under the…
In the increasingly digitized era of corporate information systems, data breaches are a risk factor that legal teams in all industries must grapple with. They are unpredictable, wide-ranging in complexity and can have a profound impact on a company’s legal standing and brand reputation. Breaches typically involve any form of third-party malicious interference – from…
In an evolving legal environment characterized by the rapid enactment of new consumer privacy laws, businesses across the globe have found themselves striving to meet increased data protection obligations while building robust compliance frameworks. One noteworthy trend is plaintiffs employing historical perspectives in litigation concerning modern web tracking practices. This trend, identified in a recent…
Law firm Lax & Neville LLP is known for its notable specialization in securities arbitration/litigation, financial services regulatory defense, and more. The firm’s dedication to exceptional legal work has led it to become an indispensable asset among clients in various corporate sectors. Understanding the dynamic demands of the industry, Lax & Neville LLP continuously looks…
Paul, Weiss, Rifkind, Wharton & Garrison, a renowned law firm with its roots in New York, is implementing significant changes in its leadership structure. The firm has recently chosen Karen Dunn and Kannon K. Shanmugam, both based in Washington D.C., to co-chair its eminent litigation practice. These newly appointed co-chairs join the ranks of pre-existing…
On May 5, 2022, a group of plaintiffs composed of the States of Missouri and Louisiana, alongside various private parties, initiated a lawsuit against the President and an assortment of federal agencies and officials. These plaintiffs contended that high-trafficked social media platforms had either obstructed their use of these platforms or had “downgraded” their posts…
In an important decision that adds to the ongoing dialogues on investor standing and power dynamics in securities litigation, the Ninth Circuit recently ruled on a key aspect of the Private Securities Litigation Reform Act (PSLRA). What happens when an investor, the first to file a federal securities class action, is not chosen as the…
In a significant shift of policy, the Commodity Futures Trading Commission’s (CFTC) Division of Enforcement issued an Advisory defining a new approach to handling penalties, monitors and consultants, and admissions in CFTC enforcement actions on October 17, 2023. The new policy was outlined in an Advisory released by the Division, which covers fresh guidelines for…
Kimberly Moore and fellow jurists from Federal Circuit Court of Appeals continue their determined efforts to oust Judge Pauline Newman, the oldest sitting judge in the nation. Despite a hefty caseload of patent litigation and veterans benefits issues, they are focused on preventing Newman from presiding over—and likely dissenting from—their cases. Bloomberg Law reports that…
In the case of Corephotonics, Ltd. v. Apple Inc., a significant development unfolded when the Federal Circuit partially approved Apple’s victory before the Patent Trial and Appeal Board (PTAB). The case involved Apple’s invalidation of numerous patents owned by Corephotonics. These patents, distinguished as U.S. Patent Nos. 9,661,233, 10,230,898, 10,326,942, and 10,356,332, referred to as…
In a recent legal ruling, the US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions, but notably reversed a premature judgment as a matter of law (JMOL) on the grounds of obviousness and due to an imprecise damages award. This was the case of Cyntec Company, Ltd….
In a precedent setting case, HMRC v BlueCrest Capital Management (UK) LLP, the Upper Tribunal (UT) has maintained the decision of the First-tier Tribunal (FTT) regarding the United Kingdom’s salaried member rules found under ss 863A – 863G Income Tax (Trading and Other Income) Act 2005 (ITTOIA). As described by JD Supra, this case deserves…
In a move that reflects the dynamic and rapidly evolving international legal landscape, the British Virgin Islands (BVI) Court has granted, it is believed, one if its first-ever urgent anti-suit injunctions. The injunction is based on the American Cyanamid principles and has been issued to prohibit a Maltese entity (“Malta Co”) from pursuing proceedings against…
In the wake of countless biometric privacy class action lawsuits that have inundated court dockets in recent years, Illinois employers stand to face yet another round of privacy-based civil action. This time, the legal crosshairs are redirected towards alleged violations under the Illinois Genetic Information Privacy Act (GIPA). The threat isn’t limited to firms engaged…
Genentech, Inc., Hoffmann-LaRoche, Inc., and Chugai Pharmaceutical Co., Ltd. (collectively, “Genentech”) filed a joint stipulation of dismissal in their BPCIA litigation against Biogen MA Inc. and Bio-Thera Solutions, Ltd., putting an end to a complex legal dispute that began in July 2023. The case was filed in the District of Massachusetts with Genentech alleging that…
In a recent legal development, renowned rapper Fat Joe, whose real name is Joseph Cartagena, faces allegations of infringing authorship rights linked to his hit single “All the Way Up.” This incident unfolds in the Elliott v. Cartagena case, numbered No. 22-225 and heard in the Second Circuit on October 17, 2023. Following an initial…
In a significant move, The National Labor Relations Board has released its final rule on joint employment that is bound to increase union organizing and collective bargaining efforts across the nation. As per this finalized rule, workers could find it easier to be considered employees of multiple entities for labor relations purposes. The rule has…
A recent ruling by the Texas Court of Appeals has delivered new insights concerning the accrual of the statute of limitations for property and casualty insurance claims. Seemingly counter to the expectations of many, the decree found no requirement for an insurer to utter “magic words” to begin the statute of limitations period. Rather, it’s…
In a recent groundbreaking development, the U.S. Court of Appeals for the Second Circuit in the case of Eisenhauer v. Culinary Institute of America, No. 21-2919-CV, has dictated that employers are not required to indicate that a “factor other than sex” defense is job-related according to the federal Equal Pay Act (EPA). This ruling presents…
In a move that serves as a refreshing reminder of the importance of terminology in legal proceedings, the US Court of Appeals for the Federal Circuit recently overruled a claim construction that was instituted during an inter partes review (IPR). The ruling was made under the grounds that the Patent Trial & Appeal Board had…
Diet supplement manufacturer Elysium Health Inc. was unable to avoid a $2.5 million settlement with Chromadex Inc. despite winning a summary judgment. This surprising turn of events came about after an email confirmation of the settlement deal was enforced, in spite of a district court passing judgment without knowledge of this agreement. The affirmation of…
Law professionals globally are invited to participate in a webinar titled “The Modern Dynamics of Working With Deposition Transcripts” taking place on November 9th, from 1:00 pm to 2:00 pm EST. Convened by Nextpoint, Inc., this digital event targets issues facing today’s professionals in managing and utilizing deposition transcripts. Deposition transcripts have stood as an…