Litigation – Page 559 – Legal News Feed

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Navigating the Pregnant Workers Fairness Act: Legal Implications and Compliance for Employers

Pieter Gunst3 years ago03 mins

The Pregnant Workers Fairness Act (“PWFA”), which took effect on June 27, 2023, has significant implications for covered employers, including law firms and corporations. The legislation mandates that employers provide “reasonable accommodations” for the clearly defined restrictions of an employee with regards to pregnancy, childbirth, or related medical conditions, unless such accommodation causes “undue hardship”…

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OFAC Extends Deadline for US Action on PdVSA’s Defaulted Bonds amid Geopolitical Complexity

Pieter Gunst3 years ago02 mins

On July 19, 2023, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) granted a further extension for U.S. persons’ right to pursue action against collateral backing the Petróleos de Venezuela, S.A., more commonly known as PdVSA’s defaulted 2020 8.5% bonds. This decision was facilitated through General License (GL) 5L, a part…

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Securing Favorable Outcomes: The Importance of Experienced Truck Accident Attorneys in Court Cases

Pieter Gunst3 years ago03 mins

In the unsettling aftermath of a truck accident, victims often find themselves questioning their next steps. Perhaps unsurprisingly, many reach out to legal counsel. What may not be as apparent, however, is that the quality of this counsel can greatly impact the handling of the case. An attorney with specific experience in truck accidents can…

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Tenth Circuit Ruling Sets Precedent in Securities Law and Class Action Litigation

Pieter Gunst3 years ago03 mins

On July 13, 2023, the United States Court of Appeals for the Tenth Circuit handed down a key decision, reversing the dismissal of a putative class action against a poultry producer and several of its officers under Section 10(b) of the Securities Exchange Act of 1934. This case, titled Hogan v. Pilgrim’s Pride Corp., was…

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Biden Administration’s CEQ Proposes Significant Revisions to NEPA Regulations: Impact on Environmental Law and Compliance

Pieter Gunst3 years ago03 mins

The White House Council on Environmental Quality (CEQ) recently proposed a rule carrying significant revisions to National Environmental Policy Act (NEPA) regulations. This move is part of a broader implementation of amendments directed by the Fiscal Responsibility Act of 2023, and reflects the Biden administration’s priorities surrounding climate change and environmental justice. This proposed rule,…

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Navigating Employer Obligations: Accommodating Employee Commutes under the Americans with Disabilities Act

Pieter Gunst3 years ago03 mins

In a recent development within the scope of employment law, another federal appeals court has made a ruling reinforcing that employers are obliged to accommodate an employee’s commute in certain circumstances. Based on the tenets of the Americans with Disabilities Act, this mandate reiterates the act’s requirement for employers to provide reasonable accommodations which assist…

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Ninth Circuit Reinstates Guam’s In-Person Abortion Restrictions, Affecting Telemedicine Access

Pieter Gunst3 years ago05 mins

The United States Court of Appeals for the Ninth Circuit has overturned a lower court’s ruling this week that had temporarily blocked enforcement of Guam’s in-person, informed consent law for abortion access. The law had previously allowed Hawaii physicians to remotely administer prescriptions for medicinal abortions via telemedicine. The Ninth Circuit vacated the lower court’s…

Historic Philadelphia Law Firm Schnader Harrison Segal & Lewis Announces Closure

Pieter Gunst3 years ago3 years ago03 mins

Sadness has rippled through the legal profession after the announcement that the historic Philadelphia law firm, Schnader Harrison Segal & Lewis, will be closing its doors permanently. The nearly 100-year-old firm recently revealed that it is currently in the process of planning for dissolution, marking an end to its well-esteemed operations in the industry. Through…

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YouTube Celebs’ Sports Drink Prime Hydration Faces Class Action Over Alleged Toxic Chemicals

Pieter Gunst3 years ago05 mins

A consumer class action suit was filed against Prime Hydration LLC, a sports drinks company founded by YouTube celebrities Logan Paul and OIajide William Olatunji, also known as KSI. This lawsuit was first surfaced by Law.com Radar. The complaint was brought to U.S. District Court for the Northern District of California on August 2 by…

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Syndicated Term Loans and Securities Laws: Analyzing the Impact of Kirschner v. JP Morgan Chase

Pieter Gunst3 years ago03 mins

In recent times, a significant legal question has been making waves in legal and financial circles, focusing on the intersection of loan syndication and securities laws. At the heart of the debate is a critical question: Are syndicated term loans subject to federal and state securities laws? A decisive case currently pending in the U.S….

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DOL Initiative Targets Insurability Verification Gaps in ERISA Insurance Benefits

Pieter Gunst3 years ago03 mins

The US Department of Labor (DOL) has undertaken an investigatory initiative centered around the serious issue of “insurability” under life insurance benefits, as highlighted in a recent news release. The problem herein lies in the failure to complete the process of confirming the evidence of insurability. The evidence of insurability can be described as the…

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RICO Act Ruling Bolsters Foreign Plaintiffs’ Bid to Collect U.S. Arbitration Awards

Pieter Gunst3 years ago02 mins

In an intriguing turn of events in international litigation, the U.S. Supreme Court recently ruled in the case of Yegiazaryan v. Smagin (available for review here), offering a new approach for foreign plaintiffs looking to collect on arbitration awards in the U.S. By employing the Racketeer Influenced and Corrupt Organizations Act (RICO), it can indeed…

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eDiscovery Management: Streamlining Approaches for State and Local Governments

Pieter Gunst3 years ago04 mins

As with any public sector entity, local and state government bodies are increasingly grappling with the demands of managing eDiscovery in response to Access Requests and Data Subject Access Requests (DSARs). Evidently, sizable data management challenges coincide. State and local groups generate and store copious volumes of data, spread across a myriad of departments, committees…

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Michigan Supreme Court Ruling Reshapes Premises Liability Landscape and Duty of Care

Pieter Gunst3 years ago03 mins

In a significant ruling on July 28, 2023, the Michigan Supreme Court diminished the commonplace application of the ‘open and obvious doctrine’ in premises liability claim cases. Two prominent cases sparked this modification in the interpretation and application of premises liability law in Michigan. These cases, Kandil-Elsayed v. F & E Oil, Inc., and Pinski…

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AI Adoption Gains Momentum in Personal Injury Law: Analyzing the Impact on Litigation Strategies

Pieter Gunst3 years ago03 mins

As society continues to increasingly adopt generative AI, new products designed with the express purpose of aiding lawyers in their daily work are launching in the market. These developments are of particular interest to those working within the personal injury bar. This article from The Legal Intelligencer provides an in-depth view of this recent development….

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Navigating Amended NY WARN Regulations: Ensuring Compliance as New York Aligns with Federal Labor Laws

Pieter Gunst3 years ago02 mins

On June 21, 2023, the New York State Department of Labor (NYS DOL) implemented changes to its Worker Adjustment and Retraining Act (NY WARN) regulations. These laws, like their federal equivalents, mandate businesses to preemptively notify the Commissioner of Labor and relevant employees about impending closures and layoffs. Full details can be found here. It’s…

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Anheuser-Busch Lawsuit Spotlights Regular Rate Miscalculations in Wage and Hour Compliance

Pieter Gunst3 years ago03 mins

It’s a scenario that’s becoming all too common in the corporate world. A class action lawsuit gets filed, in this case, against Anheuser-Busch, accusing the company of a host of violations against California’s wage and hour laws. This begs the question, “Why is this garnering attention given that countless such lawsuits are filed on an…

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Navigating Reverse Stock Splits: California’s Complex Regulatory Landscape

Pieter Gunst3 years ago03 mins

For both local and multinational corporations, nuanced legal regulations surrounding business practices and stock market behaviors can be challenging to navigate. A prime example of such a regulation surrounds the complexities of reverse stock splits in California, a subject that has garnered renewed attention in the market lately. In a recent blog post, legal commentator…

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NLRB Overturns Boeing Ruling, Redefining Workplace Rights and Regulation Balance

Pieter Gunst3 years ago03 mins

On August 2, 2023, a significant shift in labor regulation occurred as the National Labor Relations Board (NLRB) issued an anticipated ruling in the Stericycle, Inc. case. This new decision effectively reverses the Trump-era Boeing decision, altering how workplace rules balance with employees’ legal rights to engage in “protected concerted activity.” This refers to section…

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The Impact of RICO on International Arbitration and Foreign Award Enforcement

Pieter Gunst3 years ago03 mins

In an insightful discussion, Troutman Pepper White Collar and Legal Partner Cal Stein recently touched upon the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) with regards to enforcing and collecting foreign arbitration awards. This conversation unfolds amidst a backdrop of increasing relevance and complexity in cross-border business and legal matters, warranting an…

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Brent Botha Takes Charge as Norton Rose Fulbright South Africa’s New CEO

Pieter Gunst3 years ago02 mins

Norton Rose Fulbright South Africa (NRFSA) made a substantial change to its organizational hierarchy with the announcement of its new CEO, Brent Botha. Known for his expertise in corporate and commercial litigation, Botha is set to step into his new role starting October 1. Botha, who is the leader of the firm’s disputes practice group,…

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California Judge Halts Tattoo Ink Sales Amid Trademark Infringement Allegations

Pieter Gunst3 years ago03 mins

A federal judge in California has halted a Los Angeles tattoo ink dealer from selling ink bottles, amidst claims that the products bear too much resemblance to those of a New Jersey company. The dealer, who is the purveyor of the “Xtreme Ink” brand, has been criticized by the court for not mounting a stronger…

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GoPro Triumphs in High-Stakes 360-Degree Photo Patent Dispute

Pieter Gunst3 years ago02 mins

In a recent development in the world of patent litigation, camera manufacturer GoPro Inc. managed to quash the effort for a retrial over a high-stakes patent infringement lawsuit. The dispute was raised by an inventor who insisted that he was the first to initiate the concept of taking 360-degree photographs. The lawsuit, presided over by…

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Australian Company Wins $8.5M in Colorado IP Theft Case Against Startup

Pieter Gunst3 years ago03 mins

An Australian company was recently awarded nearly $8.5 million by a Colorado federal judge for a startup’s ‘flagrant’ theft of intellectual property. The conflict arose over the ownership of a patented air conditioning technology. Not only did the startup continue to market the product as its own throughout the litigation, but it also attempted to…

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Navigating the Fine Line: Disclosure vs Discretion in Corporate Law

Pieter Gunst3 years ago04 mins

In the ever-shifting landscape of corporate law, the question of disclosure remains as pertinent as ever. Specifically, the quandary centers around this: Is it vital to document everything in corporate interactions or is discretion sometimes the better part of valor? The legal axiom demands full disclosure of all matter material and necessary in both prosecution…