In Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, the Ontario Court of Appeal made a worthy elucidation of the Supreme Court’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (“Callow”). The court expressly clarified that a breach of the contractual duty of honest performance does not automatically lead to a presumption of…
In recent developments pertaining to medical abortion litigation, the Pharmaceutical Research and Manufacturers of America (PhRMA) has filed an amicus brief supporting a request for the U.S. Supreme Court’s review of the Fifth Circuit’s recent decision in the case of Alliance for Hippocratic Medicine v. FDA/Alliance for Hippocratic Medicine v. Danco Labs. The proceedings revolve…
In a development that may have broad implications for corporate litigation, the Delaware Court of Chancery recently evaluated a motion to dismiss a stockholder action aiming to enjoin a transaction due to the adoption of measures restricting investor’s voting and transfer rights. The relevant case, In re Edgio Stockholders Litigation, No. 2022-0624-MTZ (Del. Ch. May…
In a recent development, the Supreme Court has refrained from clarifying the enforceability of mandatory arbitration provisions in fiduciary breach claims, a topic of increasing significance in light of the surge in class action litigation against 401(k) plans in recent years. This decision continues to leave corporations and law firms in a state of uncertainty….
Substances known as PFAS have been the subject of continuous and evolving legal scrutiny from state and federal jurisdictions since 2019. Amid a trend of increasing and diversifying litigation, the end of Q3 2023 shows further legal developments around PFAS with discernible complexities emerging when it comes to the claims and parties involved. This information…
In a recent ruling that could shape employment practices in private equity, the Fifth Circuit delved into the definitions and liabilities surrounding the federal Worker Adjustment and Retraining Notification Act (WARN Act). The interpretation of ‘single employer’ under the WARN Act was the matter up for debate, bringing to light potential employment risks for private…
In an ongoing case followed closely by property owners and real estate developers alike, the U.S. Supreme Court deliberates on potentially expanding Constitutional Takings to legislative development fees. A cursory brush with what may have been deemed routine legislative requirements triggered a legal showdown that now tests the limits of constitutional property rights and regulatory…
Join us online on December 1st from 12:00 pm – 1:00 pm PST for a lively discussion of critical year-end updates for California employers, titled “Looking Forward to 2024: California Employment Law”. Hosted by esteemed legal professionals, this webinar will address new legislation and key case rulings on important topics that influence the California employment…
Legal professionals across the world will be keen to join the upcoming Hybrid Event Qualified Plan Due Diligence Luncheon scheduled for November 6th, in San Antonio, TX. Managed by Clark Hill PLC, this annual presentation promises a comprehensive discourse on retirement plan due diligence matters. The intent of the event revolves around the increasingly complex…
In recent years, healthcare providers have faced criticism for utilizing third-party analytics software, such as Meta Pixel, Google Analytics, and Adobe Analytics. While these tools offer invaluable insights into user behavior on websites, they also open up potential channels for the illicit collection and use of patient data. Despite federal warnings and a slew of…
The state of Maryland can, for the time being, not require hemp producers to secure state cannabis licenses. This decision follows an early victory for hemp producers and sellers in litigation challenging the legality of Maryland’s Cannabis Reform Act (CRA) as it pertains to hemp. As of October 12, the Maryland General Assembly has taken…
In a notable case regarding arbitration agreements, the District of Rhode Island recently invalidated a “naked” class action waiver on public policy grounds. Arbitration agreements, particularly those including class action waivers, have been a prevalent topic in legal articles as firms utilize these waivers to mitigate the risk of class action litigation. The key to…
In recent legal personnel news, Greenberg Traurig has announced the addition of a new member to their global litigation practice based in Minneapolis, Minnesota. Laura Hammargren, a seasoned legal expert, is set to take her place in the litigation team. The news was reported by Bloomberg Law. Before joining Greenberg Traurig, Hammargren served as assistant…
The October Monthly Minute primarily focuses on two intriguing legal aspects that merit attention – The Sixth Circuit’s decision that emphasizes the adequacy of claim procedures and related judicial review standards, and the Supreme Court’s reluctance to get involved in the arbitration clause enforceability in ERISA litigation. Both topics are of emerging importance and carry…
Boies Schiller Flexner has announced the addition of three new partners to its roster – Mark Brnovich, Joshua Stein, and Benjamin Waisbren. This move aligns with the strategic growth of the law firm. According to a recent announcement, Mark Brnovich, a former Attorney General for Arizona, will be based in Los Angeles, and he will…
Holland & Knight, the prominent international law firm, recently strengthened its litigation section by onboarding Cason Kirby as a partner in its Birmingham, Alabama branch. The announcement came from the firm on Wednesday. A major part of Kirby’s remit is his role as a representative for clients within the financial services and insurance sectors. This…
Recent legal headlines have been dominated by a host of intriguing and impactful developments. Former Chief of Staff under the Trump administration, Mark Meadows, has been granted immunity. The circumstances and implications of this development are far from straightforward. Find out the full story on ABC News. Social media giant, Meta, has come under fire…
In the unfolding legal saga, In Re: Cellect, LLC No. 2022-1293 (Fed. Cir. Aug. 28, 2023), a crucial case illuminates an area of Patent Term Adjustment (PTA) and its interaction with the interesting issue of obviousness-type double patenting (ODP). This case has become critical for corporations and legal professionals specializing in Intellectual Property (IP). According…
In one of the more recent disputes regarding patent validity, the case of Sisvel International S.A. v. Sierra Wireless, Inc. has brought up significant issues regarding claim construction and patent amendments. The case, which came about before the Federal Circuit in early September 2023, is primarily concerned with two patents asserted against wireless communications technologies….
Dorothy Cory-Wright, one of the most senior women at Dechert, has shared her career journey and views on changes and challenges in the legal profession in an interview with Law.com International. From her humble beginnings entering the Bar as a state-educated, non-Oxbridge woman, Cory-Wright ascended through the ranks to become a leading figure in litigation….
Dorothy Cory-Wright, one of the most senior women at Dechert, shares insights on her journey in the legal profession and sheds light on the dynamics of the industry in a recent interview with Law.com International. Starting her career in a somewhat male-dominated environment, Cory-Wright notes she had excellent mentors both male and female that guided…
Who are the rainmakers in the legal profession? What traits do they embody? A recent study labelled the “Rainmaker Genome Project” sought to answer these questions. The project, helmed by Intapp and DCM Insights, surveyed approximately 1,800 partners hailing from 23 leading professional services firms. Their findings were classified into five categories: ‘activator’, ‘expert’, ‘confidant’,…
Norton Rose Fulbright has appointed a new partner in its Dubai branch. The new officer, Nick Sharratt, now heads the firm’s Middle East dispute resolution practice. Sharratt, who has amassed over a decade of experience in the region, previously served at Stephenson Harwood. His scope of practice broadly encompasses litigation, international arbitration, asset recovery, and…
Google’s external litigation firm, Williams & Connolly is preparing to take the frontline this Thursday in a bid to challenge the U.S. government’s antitrust case against Alphabet Inc., Google’s parent company. This information comes from Bloomberg Law’s report on the upcoming court proceedings. The Washington-based boutique firm is famous not only for its aggressive approach…
Keith Griffin, a former attorney at the law firm Girardi Keese, has recently defended his role concerning the litigation related to the Lion Air disaster in spring 2020. Speaking through his counsel at the California State Bar Court, Griffin clarified that he was not part of the decision at the time to misrepresent facts to…