In a significant move, the Consumer Finance Protection Bureau (CFPB) has issued Circular 2023-03 elucidating the necessity for creditors employing artificial intelligence (AI) or complex credit models to provide specific and precise reasons for adverse action taken, in compliance with the Equal Credit Opportunity Act (ECOA). This recent update emerged in response to the rapidly…
In a significant move last week, the U.S. Department of Labor (DOL) and the Federal Trade Commission (FTC) announced a collaborative initiative, focused on sharing information and streamlining enforcement efforts across their respective agencies. This measure has been facilitated through a newly entered memorandum of understanding, as first reported by Parker Poe Adams & Bernstein…
The Centers for Medicare & Medicaid Services (CMS) has made strides towards simplifying the enrolment and eligibility procedures for the Medicare Savings Programs. This move is set to benefit individuals with restricted earnings wanting to register and renew subscriptions for Medicare Savings Programs (MSPs). This development came into effect on September 21, ensuing the final…
In a notable development, the Supreme Court has agreed to address an ongoing disagreement across circuits concerning the nature of disclosures that companies must provide as per a rule of the U.S. Securities and Exchange Commission (SEC). The decision comes as the Supreme Court accepted to consider a challenge to a ruling by the Second…
In a recently released Strategic Enforcement Plan for 2024-28, the U.S. Equal Employment Opportunity Commission (EEOC) outlined its key priorities, or the “not-so-sweet six,” that will gain increased attention in upcoming years. This information proves to be crucial for legal professionals and corporations as it offers a helpful preview of potential challenges that might trigger…
In what is becoming a consistent focus in legal discussions, the False Claims Act’s (FCA) materiality requirement has once again landed under the spotlight. This was the case in a pivotal decision made recently by the Third Circuit Court of Appeals. The requirement’s interpretation, as originally articulated by the U.S. Supreme Court in Universal Health…
The United States Trustee Program, a component within the Department of Justice, carries the responsibility for the efficient administration of bankruptcy cases throughout most of the country. Since its establishment in 1986, it has been operating across all states except for North Carolina and Alabama, where a separate Administrator Program manages bankruptcy filings. While many…
Welcome to the September 2023 issue of MarkIt to Market®. This month’s edition brings attention to two prime areas of legal development: revisions to the Federal Trade Commission’s guidelines for endorsements and the merit of design patent protection harmonizing with trademark protection. The Federal Trade Commission (FTC) is redrawing the landscape of influencer marketing with…
Several judicial bodies of New York state have defended their integrity before a federal court, asserting that they have legitimately examined allegations made by a longstanding employee. The involved parties proceeded to request dismissal from a lawsuit initiated by the same employee. This employee alleges she suffered sexual abuse and harassment by a reputed judge….
In the case of In re Sugammadex, No. 20-CV-2576 (CCC/LDW), 2023 WL 3966146 (D.N.J. June 13, 2023) (Cecchi, J.), the drug product and patent(s)-in-suit include Bridion® (sugammadex sodium) and U.S. Patent No. RE44,733 (the ‘733 patent). The detailed report of this case can be found here. Sugammadex (marketed as Bridion) is an important innovation in…
In an industry where professionalism and integrity are paramount, the importance of partnering with firms that exemplify these qualities cannot be overstated. As recently noted on the Above the Law platform, our advertisers stand out as exemplary partners in this respect. However, the world of legal professionals doesn’t revolve solely around advertising and partnerships. Countless…
In a significant shift, the US Court of Appeals for the Ninth Circuit has ruled that the Contract Disputes Act (CDA) implicitly prohibits federal contractors from advancing most trade secret misappropriation allegations against federal agencies in district court. The details of this judgement are available on JD Supra. The CDA stipulates that contractors must forward…
In a recent legal development, an attorney suspended for misrepresentation of his status as an Illinois lawyer was precluded from contesting that penalty in a federal lawsuit. According to a report by Law360, the Seventh Circuit, on Thursday, endorsed this decision against the attorney. The attorney, whose name has not been disclosed, now faces the…
As many of you may already know, the ongoing copyright lawsuit between the legal research behemoth Thomson Reuters and the now-quiet startups Ross Intelligence has been relatively mute for some time. The litigation alleges a breach of copyright by Ross, accusing the young company of stealing proprietary content from Westlaw to build its competing legal…
While investors may be displaying a general decrease in interest in artificial intelligence (AI), law firms, as noted by Law.com editor Dan Packel, should not mistake this downturn as an indication of the relevance of AI in the field of legal practice. Despite the current market sentiment, it does not negate the fact that new…
In a significant move, on September 15, 2023, California initiated a public nuisance lawsuit against major oil companies. This action comes on the heels of various claims presented, including allegations of public nuisance and false advertising. This legal proceeding draws parallels with similar lawsuits commenced by other state attorneys-general. For instance, similar litigations have been…
In an intriguing development in asbestos litigation, the Supreme Court of New York, New York County (NYCAL) denied a summary judgment motion filed by defendant SPX Cooling Technologies Inc. The company, also viewed as a successor to Marley Cooling Technologies Inc., is involved in an ongoing asbestos-related suit and had sought summary judgment on the…
Any legal professional who has advised a client in litigation proceedings understands that winning a court case doesn’t necessarily correlate to a tangible cash recovery. Collection of judgment often presents its own unique challenges, even after all avenues of appeal have been exhausted. The enthusiasm a client harbors in pursuing what they view as a…
Significant apprehension exists within the legal community over an emerging challenge to diversity-focused programs amongst major law firms. Spearheaded by conservative activist Edward Blum, the American Alliance for Equal Rights recently lodged federal lawsuits towards two renowned law firms, Perkins Coie and Morrison & Foerster. The litigation, filed on August 22nd, alleges discriminatory recruitment practices…
Monsanto’s series of defense victories in Roundup trials continues without interruption. The most recent trial, overseen by a Missouri judge, concluded unexpectedly when he decided to grant Monsanto’s motion for a directed verdict after plaintiff Mark McCostlin presented his evidence, but prior to the defense team making their case. The judge’s decision was based on…
In a recent development in the Robichaux Mesothelioma matter, the United States District Court for the Eastern District of Louisiana issued split rulings on two key motions. This case, which has been under continuous legal watch, saw arguments from both plaintiff and the defendant, Avondale. One of the motions under consideration was put forward by…
In the ongoing saga that has been laced with legal intricacies and forms the backdrop of many conversations in the corporate legal landscape, Thelen v. Somatics, LLC, appears as the most recent chapter. The U.S. District court case – Thelen v. Somatics, LLC, 2023 U.S. Dist. LEXIS 165819 (Mag. M.D. Fla. Sept. 18, 2023) throws light…
The U.S. Equal Employment Opportunity Commission (EEOC) has recently outlined its top priorities through its Strategic Plan for the period between 2022 and 2026 as reported in an article on JD Supra. As legal professionals servicing some of the world’s biggest corporations and law firms, it is paramount to pay keen attention to these new…
December 14 of this year will mark the five-year anniversary of the Rules on the Efficient Conduct of Proceedings in International Arbitration, more colloquially referred to as the Prague Rules. These, hailed as transformative by many in the legal world, came to be in the grandeur of the 17th Century Renaissance Martinic Palace in Prague….
In the rapidly evolving legal tech world, legal professionals are being provided with cutting-edge tools to not only enhance their existing law practices but also to create new realms of business. Traditionally, technological tools were designed to merely assist lawyers in their practice, just as primitive tools facilitated hunters to elevate their hunting skills. However,…