In a recent episode of the Consumer Finance Podcast, Troutman Pepper Partners Chris Willis, Mary Zinsner, and Dave Gettings dive deep into a discussion on cultivating strategies for defending financial institutions in litigation involving elder financial exploitation cases. The conversation was geared towards bringing to light the escalating incidence of elder abuse and financial exploitation…
In a departure from the secretive nature of most legal funding agreement disputes, the year 2023 witnessed a high-profile standoff between major food distributor, Sysco, and noteworthy litigation financing firm, Burford Capital. At the heart of the dispute was the question of who held the authority to settle Sysco’s antitrust claims against its food suppliers….
Healthcare giant Johnson & Johnson has been exploring the potential to use a Texas bankruptcy court as a means for dealing with a surge in talc-related lawsuits, after attempts to do so in New Jersey were dismissed, according to those with knowledge of the matter. The healthcare conglomerate seeks to leverage this strategy in order…
In a recent turn of events, former Fox News Chief Legal and Policy Officer, Viet Dinh, is reportedly shifting blame for the massive $787.5 million settlement with Dominion. Dinh stepped down from his role at Fox in late 2023, amidst Fox’s turbulent handling of Big Lie coverage. Dinh reportedly held the supreme court responsible for…
The American Alliance for Equal Rights, led by Edward Blum, has recently threatened legal action against two reputed law firms: Fox Rothschild and Susman Godfrey. The issue at the heart of the matter is these firms’ diversity fellowship programs. As stated by Blum to Bloomberg Law, the Alliance believes that such programs should be accessible…
It’s not often that a piece of legislation crafted back in 1988 can have substantial implications for the digital era; however, the Video Protection Privacy Act (VPPA) has recently been causing quite a stir. Enacted by Congress, originally in direct response to Judge Robert Bork’s confirmation hearing – during which his video rental history was…
In September, employers in California faced a shift in the legal landscape as the state introduced a cause of action that enables employees to challenge non-compete agreements and potentially win damages and attorney’s fees. This move was initially discussed in our previous article titled “New Golden State Law to Create Gold Rush Litigation Testing Non-Compete…
Many legal professionals, particularly those specializing in trust and estate litigation, are acutely aware of the significance of the probate exception to federal diversity jurisdiction in their practice. A recent couple of cases from the Southern District offer a fresh examination of this often overlooked aspect of federal jurisdiction. For those unfamiliar, the two-part series…
In an interesting turn of events, the U.S. District Court for the Eastern District of North Carolina denied a patent holder’s rare motion for a Temporary Restraining Order (TRO). The case in question is FBA Operating Co. v. ETN Capital, LLC d/b/a Beech Lane (Case No. 5:23-CV-505-D, 2023 WL 6612439). The TRO aimed to cease…
In a significant ruling, the Pennsylvania Superior Court has upheld a defendant’s immunity under the Mental Health Procedures Act (MHPA). The case in question, named Wunderly v. St. Luke’s Hospital et al., focuses on assertions of negligence and corporate negligence by the plaintiff. The plaintiff had filed wrongful death and survival actions against the defendants,…
Dealing with a series of lawsuits from the same pro se litigant can be an exhausting and costly experience for defendants, especially when those suits seem relentless. In the case of Kovalev v. Stepansky, DMD, et al., 2023 WL 5624181 (Pa. Super. Ct. Aug. 31, 2023), the defendant had to confront this exact scenario. As…
In a recent ruling, Hyatt Hotels Corp. v. Commissioner, T.C. Memo. 2023-122, several notes of interest were struck that are noteworthy for legal professionals working across large corporations and law firms. The Tax Court debated a central question of whether a taxpayer’s approach to income and expenditure related to its loyalty program was a timing…
Last week, a recent decision from Judge Williams in the District of Delaware offered a unique insight into the concept of patent eligibility for claims related to the use and training of machine learning models. The dismissal of the complaint was based on the argument that the patents-in-suit claimed ineligible subject matter under 35 U.S.C….
For the week ending October 13, 2023, the recent happenings in patent law have offered some noteworthy developments. Central to these is the case of Finjan LLC v. SonicWall, Inc., presided over by Cunningham, with Reyna joining the opinion, and Bryson concurring in part and dissenting in part. Renowned software company Finjan sued tech giant…
This week’s update in the 340B sphere brings with it a number of notable developments across a wide variety of cases. This ongoing focus on 340B litigation is designed to help you stay informed, providing succinct summaries of recent cases, based on extensive searches through over 50 active 340B dockets each week. These cases, brought…
California is tightening restraints on proceedings in the state’s legal landscape. Governor Gavin Newsom signed CA Senate Bill 365 (SB 365) on October 10, 2023, a measure designed to become operable in 2024. The significant feature of this bill is that it enables state court judges the discretion to proceed with litigation in a trial…
On September 28, 2023, legal professionals across the globe watched as the U.S. District Court for the Southern District of California embodied the intricate dance between justice and legal ardor. The court issued two separate orders in a pivotal SOX whistleblower lawsuit that has been in the public eye for a while. Demonstrating a firm…
In a recent case featuring the United Cannabis Corporation v. Pure Hemp Collective Inc., questions surrounding attorney’s fees in relation to inequitable conduct and conflict of interest have been brought to the forefront. This case looks back at the initial filing of a lawsuit by UCANN against Pure Hemp. The suit, which was lodged in…
In a twist of events, a lawsuit which settled for $10 million was on the cusp of a $23 million jury verdict, according to a statement from Jeb Butler of Butler Khan. The plaintiff’s family stood to be awarded this substantial sum primarily from the defendant, whom the jury found to be 75% at fault….
In recent news received from the Southern District of New York, there has been a partial denial and partial acceptance of a motion to dismiss a securities class action directed towards the owner of a social media company and his associated beneficial trust. This decision was executed by Judge Andrew L. Carter, Jr. of the…
In a noteworthy development for legal professionals, California Governor Gavin Newsom recently signed into law a bill that markedly changes the landscape of litigation pending arbitration appeal. The law now permits plaintiffs in California to continue pursuing their claims throughout the duration of an appeal to an order denying a petition to compel arbitration. On…
The legal community is keenly anticipating the arrival of the Mecklenburg County Bar Association’s 11th Annual North Carolina Business Court CLE slated for October 20, 2023. This year’s event invites complex business litigators based all over the state for in-depth discussions, learning opportunities, and of course, continuing legal education (CLE) credit. Organized by Fox Rothschild…
As autumn rolls in, the United States Supreme Court, often abbreviated to “SCOTUS”, begins its new term with a significant issue on its docket. The point of contention revolves around the permissibility of non-consensual third-party releases within plans of reorganization, an issue which will undoubtedly influence both chapter 11 law and the wider mass tort…
In an increasingly competitive and bustling online gaming industry, the successful operation of platforms such as Rival Games can hinge on not just their trade secret technology’s value, but also the public’s recognition of and loyalty to their brand. Hence, it is no surprise that trade secrets and trademarks play a pivotal role in the…
On the legal landscape, a notable development has transpired concerning the minimum wage rate for employees of federal contractors. A Texas Federal Court ruled that President Joe Biden exceeded his authority under the Procurement Act when he issued an executive order (EO 14026), proposing a $15/hr minimum wage. The lawsuit that led to this decision…