In class action suits, the lines between standing and typicality can often blur, leading to a split of authority on the issue. Employing the legal principle that one cannot sue for another’s injury, the issue of standing – the requirement that a plaintiff must demonstrate a personal stake in the outcome of the lawsuit –…
Amidst commercial turbulence, the issue of fiduciary litigation emerges at the heart of the bankruptcy saga of Bed Bath & Beyond, a well-known home goods retailer. The case revolves around the company’s 401(k) committee, charged with ensuring sensible management of their 401(k) plan, and the implications of its responsibility following the company filing for bankruptcy…
In a recent legal development, the Southern District of New York (SDNY) appears to have embraced an expansive interpretation of the Common Interest Doctrine. This principle, which is widely recognized within the legal community, grants separately represented clients the ability to circumvent the potential waiver of privilege that occurs when sharing privileged communications on a…
The False Claims Act (FCA) has recently garnered significant attention at the Supreme Court. Our final installment of the series, “The FCA at the Supreme Court,” delves into current active cases, offers commentary on newly issued decisions, and provides important takeaways designed to assist government contractors in safeguarding their business assets in the face of…
Wachtell, Lipton, Rosen & Katz, one of the esteemed law firms in the United States, has guided Abbvie Inc., a renowned biopharmaceutical company, through a billion-dollar acquisition. Abbvie Inc. has agreed to purchase ImmunoGen Inc., a leader in the field of cancer drug manufacturing, for $10.1 billion. The announcement of the substantial transaction was made…
The ongoing tug of war between privacy rights and technological innovations in the legal field has taken a momentous step forward with the California Privacy Protection Agency (“CPPA”) proposing draft regulations on Artificial Intelligence (AI) and automated decision-making technologies. According to a feature on JD Supra, the proposed regulations by CPPA address systems that utilize…
In a significant shakeup of longstanding legal precedent, the Fifth Circuit Court of Appeals, a federal level appeals court, has recently eased the way for plaintiffs to pursue employment discrimination lawsuits. The decision, however, has not provided explicit instructions to employers on how to modify their policies to minimize the risk of such litigation. This…
Directors and Officers (D&O) indemnification agreements are a critical part of the overall protection that companies provide to their boards. These arrangements are particularly important where high-level and experienced directors and officers are involved, given the personal and financial risks they undertake in these positions. As Woodruff Sawyer points out, there are three pillars that…
The nature of litigation over standard-essential patents, or SEPs, can be viewed as a cyclical phenomenon. This cycle commonly follows the path of generational changes in technology. Instances of this pattern have been observed with 3G and 4G technology, where each respective change led to an influx of litigation focused mainly on smartphones. As we…
Despite a backdrop of controversial affirmative action court rulings and a multitude of lawsuits aimed at diversity initiatives in top-tier corporations, 61 legal departments have demonstrated that their commitment to diversity is unwavering, achieving the Mansfield Rule 2.0 certification this year. This number has risen dramatically from 41 last year, a clear sign that large…
In the face of rising cybersecurity threats, significant steps are being taken by federal entities in the United States. On November 17, 2023, the United States Treasury Department’s Federal Insurance Office (FIO) in coordination with the Volatility and Risk Institute at the NYU Stern School of Business co-hosted a conference on Catastrophic Cyber Risk and…
The Senate Judiciary Committee has moved forward with President Joe Biden’s latest selection for the US Court of Appeals for the First Circuit, as well as two trial court nominees who have been long-delayed. Assistant US attorney Seth Aframe in New Hampshire; who was also President Biden’s pick, interestingly didn’t receive any Republican votes in…
In a significant development within the legal sector, law firms engaging with bankruptcy cases seem to be experiencing highly profitable returns. A historic trend has been observed, notably by law firms such as Sullivan & Cromwell and Quinn Emanuel Urquhart & Sullivan, which shows that companies declaring bankruptcy can produce significant profit margins for such…
In a recent development, the United States Court of Appeals for the Sixth Circuit has overturned a district court’s decision to certify a large-scale class action lawsuit implicating contamination of blood with PFAS/PFOA (Per- and polyfluoroalkyl substances). The class comprised an estimated 11.8 million individuals, representing all residents of Ohio. According to the court’s directive,…
The Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. is slated to hear key arguments on December 5. Arguments will revolve around the application of the federal Defend Trade Secrets Act (DTSA) for trade secrets that are taken overseas. This case poses to be the first instance where a U.S. Court of Appeals…
In a noteworthy trend, Philadelphia County continues to be the chosen forum for the plaintiff’s bar in Pennsylvania. Until recently, the option to dismiss a case based on improper venue, otherwise defined under Pa. R. Civ. P. 1028(a)(1), was a critical instrument for corporate defendants finding themselves mistakenly ensnared in Philadelphia County litigation. However, recent…
The U.S. Securities and Exchange Commission (SEC) has recently announced the enforcement results for Fiscal Year 2023, depicting a robust year in terms of SEC litigation. The increase in the number of enforcement actions, individual securities market bans, the rise in tips received, and additional payouts for whistleblowers show an active year for the SEC’s…
With the continuous evolution of technology, legal professionals are discovering innovative uses for e-discovery tools beyond the typical litigation scenarios for which they were initially designed. According to an informative article posted on JD Supra, these digital instruments can significantly ease the process of identifying pertinent information for use in varying legal proceedings. The JD…
In recently unfolding litigation news, Yeshiva University along with the law firm Seyfarth Shaw face serious accusations related to their alleged poor handling of an internal investigation. The case centres around a Yeshiva student, referred to as Jane Doe, who asserts she was raped by another student, named Perry Doe. The victim alleges that the…
Within the U.S. federal courts, there is a noticeable ascendancy in class action lawsuits and arbitration claim filings under the Federal Wiretap Act and state-specific wiretap statutes. Originating in California under the California Invasion of Privacy Act (“CIPA”), this trend has recently started seeping into other states’ courtrooms which have similar wiretap laws, creating an…
A new lawsuit has been filed by an affiliate of Woodsford Litigation Funding against the San Francisco-based law firm, Hosie Rice LLP. The lawsuit contends that the firm’s founders are indebted to it for an amount of $1.8 million. The sum is allegedly related to earnings from the imminent sale of a highly priced property…
The District Attorneys’ offices of San Francisco and Los Angeles have recently appealed to a Californian appellate panel, seeking a resurrection of their civil suit. As per their claim, the law firm Potter Handy LLP has been conducting deceptive practices, ensnaring thousands of businesses in factually unsupported disability rights lawsuits. They argue that the lower…
As of mid-November, a shortage has been noted in the financial disclosure reports of federal judges in the United States for the year 2022, records that were expected to be publicly available in a centralized database. A significant number of courts that commonly handle commercial litigation, spanning from New Jersey to the Ninth Circuit, are…
In the world of financial regulation, news is threading at a solemn pace. The United States Securities and Exchange Commission (SEC) recently took steps to halt the implementation of the Share Repurchase Disclosure Modernization Rule (Repurchase Disclosure Rule). This decision was reached, following the mandate set by Section 705 of the Administrative Procedure Act. This…
In recent news, one of the top-tier American law firms, Katten Muchin Rosenman LLP, has made a significant leadership change. It was announced on Wednesday that the firm’s longstanding Managing Partner from the Chicago office, who also holds the position of co-chair in Katten’s litigation department, will be taking up the role of firm chair….