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…
In a recent legal development, the First Circuit Court of Appeals handed down a decision in Powers v. Receivables Performance Management, LLC, holding that a motion to reconsider an appealable interlocutory order denying a motion to compel arbitration is not appealable. This significant ruling is crucial for legal professionals and corporate entities involved in litigation…
The recent fee ruling issued by the Delaware Chancery Court in the Dell settlement case has sparked a wide range of responses amongst legal experts. In a noteworthy decision, the court awarded shareholder attorneys a fee of $266.7 million in relation to the $1 billion Dell settlement. This ruling is seen as a victory for…
In a recent patent lawsuit involving technology giant Apple and its South Korean competitor Samsung, Western District of Texas Judge Alan Albright demonstrated a contrasting decision in the courtroom. Significant to the legal professionals and corporations worldwide, this occurrence casts useful insights into the current justice system’s decision-making process with respect to patent suits. Apple…
Significant changes to the Delaware General Corporation Law that took effect on August 1, 2023, sees a reduction in the need for shareholder votes on some corporate matters. The alterations that have garnered the most attention are those affecting requirements for shareholder votes, particularly initiating a reverse stock split and changing the number of outstanding…
Welcome, esteemed legal professionals, to the 20th issue review of the so-called ‘Blockbuster Biologics’. As per usual, we take a deep dive into the most recent happenings in the world of biologics and biosimilars, with a particular focus on patent litigation and post-grant challenges. In the wake of the Biologics Price Competition and Innovation Act…
While the Supreme Court’s overruling of affirmative action and Biden’s student loan forgiveness cases certainly garnered a significant amount of media attention, a number of quieter cases may bear profound consequences for various facets of American life. The public health and environmental sectors anxiously await the implications of Sackett, while artists ponder how they will…
Legal matters revolving around E. Jean Carroll, author and plaintiff in a defamation trial against former President Donald Trump, continue to intensify. Carroll’s attorney, Roberta Kaplan of Kaplan Hecker & Fink, recently called a Manhattan federal judge to grant summary judgment on the merits in anticipation of the trial, relying on the argument that “no…
The United States Sugar Corp. may have ended its nearly $10 million legal battle against a proposed class action over toxic emissions from pre-harvest sugarcane burns, but the financial fallout is far from over. After seeking recoupment from its insurer for all incurred expenses related to the suits, a federal judge in Florida has ruled…
Legal professionals worldwide, particularly those working within educational institutions, need to be aware of the latest amendments and introductions to legislation that directly affect their operations. One such significant law is the Pregnant Workers Fairness Act, which went into effect on June 27, 2023. This recent legislation has a direct bearing on how schools, as…
The patent infringement case against biotechnology firm Pacific Biosciences of California Inc. has been moved from a Delaware federal court to California. According to the judgement, there were insufficient reasons to support maintaining the case proceedings in Delaware. Pacific Biosciences of California Inc., commonly known as PacBio, is a biotechnology company that’s profusely involved in…
In a recent opinion piece, renowned legal scholar David Levitt argues that the disclosure of third-party litigation funding should be made mandatory across all cases. This call to action comes on the back of the Appellate Rules Committee’s decision to defer the issue. Third-party litigation funding, wherein a third party unconnected to the lawsuit provides…
In a recent ruling that has sent ripples across the UK’s litigation funding industry, the UK Supreme Court declared that a large number of litigation funding agreements are in fact damages-based agreements (DBAs), and hence, are subject to comply with the relevant regulations. This ruling has caused concern among funders as they scramble to reassess…
In a significant decision made on 26 July 2023, the UK Supreme Court has made its stand clear on Litigation Funding Agreements (LFAs), holding them to be “damages-based agreements” (DBAs) under section 58AA of the Courts and Legal Services Act 1990. The case, R (on the application of PACCAR Inc and others) v Competition Appeal…
In a recent development in the financial industry, Mastercard’s warning and track-and-trace lawsuit has been revived. Without revealing further details at this stage, this development indicates potential implications across the board, particularly in the financial services and payment process sectors. Legal professionals and other stakeholders are awaiting further updates with bated breath. This comes amid…
The status quo regarding mandatory disclosure of third-party litigation funding is under scrutiny. Legally vested committees are currently considering whether to make such disclosure obligatory. David Levitt, esteemed legal expert, recently pushed the conversation forward on the matter, advocating for the necessity of this mandate to fortify the even-handed administration of justice across all litigations….
On Thursday, Singaporean authorities carried out the execution of 39-year-old former delivery driver, Mohamed Shalleh Bin Abdul Latiff, for the trafficking of 54.04 grams of diamorphine, a controlled substance. This amount exceeds by four times the threshold required to impose the mandatory death penalty as stated under Singapore’s Misuse of Drugs Act. This marks the…
Harneys, a globally acknowledged offshore law firm, has entered into concrete agreements to dispose of its fiduciary business in an operation supported by Hillhouse, a worldwide private equity firm. The sale, the precise details of which remain confidential, is anticipated to endow Harneys with the capital necessary to stimulate the law firm’s strategic growth. The…
In the dynamic sphere of legal technology, securing company secrets has become increasingly paramount, especially in the unfolding era of generative artificial intelligence (Gen AI). In this context, many firms are turning a spotlight on their employment contracts to ensure stringent protection of their confidential assets. Last month, Kira Systems, an entity that specializes in…
The long-standing Philadelphia law firm, Schnader Harrison Segal & Lewis, is set to cease operations after almost 90 years. The firm’s litigation partner and generan counsel, Keith Whitson, has confirmed that a dissolution plan is being organized in collaboration with the firm’s stakeholders and bank. The exact timeline for voting and finalizing this plan remains…
In August 2023’s edition of the Probate & Fiduciary Litigation Newsletter, a highlighted case presents a noteworthy argument about the jurisdiction of the Massachusetts Land Court. The case in question is DiNicola v. Ely, et al., No. 23 MISC 000128 (2023). At the heart of the legal issue stands a family trust that holds record…
Envision Healthcare Corp., along with its wholly-owned subsidiaries, has recently filed for voluntary Chapter 11 petitions at the U.S. Bankruptcy Court for the Southern District of Texas. This information is detailed in the case documented under In re: Envision Healthcare Corp., Docket No. 4:23-bk-90342 (Bankr. S.D. Tex. May 15, 2023). Envision is known for being…
The recent ruling by the U.S. Court of Appeals for the Federal Circuit in the case of HIP v. Hormel has laid down substantial insights into the domain of joint inventorship. In its decision, the court found that David Howard of HIP was not considered as a joint inventor of a Hormel patent. This case…
In a recent ruling, the Federal Court of Appeal upheld the refusal of the lower court to certify a proposed class action in the high-profile case of Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89. The case, centered around allegations that the defendants had breached sections 45 and 46 of the Competition Act, R.S.C….
In the continually evolving arena of patent law, the third week of July 2023 has seen pivotal advancement in patent cases adjudicated by the Federal Circuit. One such central case involved the United Therapeutics Corp. and Liquidia Technologies, Inc. (Nos. 2022-2217, 2023-1021, Fed. Cir. (D. Del.) July 24, 2023). The case merits attention due to…