In the employment litigation world, September 2023 proved to be a month filled with noteworthy developments. The central themes for the month ranged from enjoining competitive employment and advisor mobility to reverse discrimination and the low bar for retaliation. Further, the litigating “Cause” also garnered attention. In one of the significant rulings of the month,…
In the high-stakes game of bankruptcy, it appears that Diamond Sports Group (DSG) has not been successfully swinging for the fences. This observation arises from a U.S. bankruptcy case, which scrutinizes whether a debtor can pay something less than the full contract rate while still requiring the counterparty to fully perform its obligations pending assumption…
In the 118th Congress, the US House of Representatives is engaged in the critical issue of healthcare price transparency. Three key House committees—Energy and Commerce, Ways and Means, and Education and the Workforce—have each approved unique legislation purposed toward advancing price transparency objectives. The primary aim of these legislative pieces is to formally recognize (and…
Pharmaceutical giant AstraZeneca finds itself in legal hot water, as it stands accused of wrongfully reducing an employee’s bonus by $65,000 due to the said employee’s non-compliance with their return-to-office policy. The complaint was originally brought to light by Law.com Radar. While the specifics of the case remain undisclosed, it raises intriguing questions about company…
In a significant move that could potentially impact the patent landscape in the United States, the Federal Trade Commission (FTC) has issued a policy statement regarding the listing of pharmaceutical patents in the Food and Drug Administration (FDA)’s Orange Book. The statement suggests that even in cases where there is no ongoing litigation over patent…
Johnson & Johnson’s VP of Litigation recently testified before the U.S. Senate Judiciary Committee, emphasizing on the so-called ‘Texas Two-Step’ as the optimal resolution approach to claims for talc-related payouts. The controversial strategy involves a complicated combination of legal and corporate maneuvers, which have been criticized for potential misuse of bankruptcy protections. The ‘Texas Two-Step’,…
In a concerted effort to streamline corporate taxation, the European Commission has set its sights on harmonising Transfer Pricing (TP) across the European Union with the introduction of a new directive. Aimed at increasing tax certainty, reducing compliance costs, and mitigating the risk of double taxation and litigation, the TP Directive is poised to change…
In a significant shift from precedent, the Fourth Circuit Court now permits the awarding of attorney’s fees for some preliminary injunctions. In the past, this court held firm that plaintiffs securing a preliminary injunction were not considered “prevailing parties” for the purpose of recovering these fees. As such, this ruling opens a new avenue in…
With the rapid evolution in artificial intelligence (AI), organizations particularly based in Europe, face an increasingly challenging legal landscape. The intersection of AI with aspects of Intellectual Property (IP), data protection and regulation forms new horizons of potential litigation. In order to harness the real benefits of AI, organizations need to map a careful path,…
In a fresh development, a federal district court in Kentucky has granted a preliminary injunction preventing the Consumer Financial Protection Bureau (CFPB) from implementing the small business data collection and reporting rule, commonly referred to as the 1071 rule. This is based on the Dodd-Frank section necessitating the rule (the “Rule”). The information from the…
Since the SFFA decision, there has been an uptick in threatened litigation aimed at organizations with diversity initiatives. As a result, both Perkins Coie and Morrison & Foerster have been making strides to prepare their ranks against such potential lawsuits. The firms are readying themselves against the legal attacks by Edward Blum on their diversity…
The Chancery Lane Project, a non-profit committed to addressing climate change through legal practice, announced on Tuesday that it will release a set of climate clauses specifically for use in contracts within the United States. These clauses can be used by attorneys and businesses without any copyright restrictions. The pack will contain around ten clauses…
In a significant development in the financial world, cryptocurrency exchange FTX Trading Ltd. and quantitative cryptocurrency trading firm Alameda Research LLC have instigated legal action against the parents of their joint-founder, Sam Bankman-Fried. The lawsuit alleges that the couple fraudulently gained multiple million dollars worth of assets from their son. This litigation eventuates as part…
The Consumer Financial Protection Bureau (CFPB) has swiftly and positively responded to a recent petition by consumer advocacy groups proposing a ban on pre-dispute arbitration clauses within consumer contracts. This news follows after these organizations submitted a Petition for Rulemaking to the CFPB last week. The petition argues against the use of these clauses which…
In a recent episode of the Legal Marketing 2.0 Podcast, Guy Alvarez was joined in the studio by John Hellerman, the President of Hellerman Communications. As a recognized leader in his field, Hellerman’s corporation is trusted by businesses, helping professionals secure winning positions in their industry as well as guiding them through crisis management. Hellerman’s…
In a recent verdict, a federal judge ruled that Netflix’s use of a distinctive tattoo image, prominently featured in the hit documentary series ‘Tiger King,’ does not amount to copyright infringement. This judgement comes as a significant legal development within the complex landscape of intellectual property law, underlining the rigidity of the current statutes and…
In a meaningful development for corporate law professionals, the Fourth Circuit, on August 18, 2023, decertified nearly 20 million putative class action claims originating from a 2018 data breach involving Marriot Hotels. The decision reversed the district court’s certification, requiring the latter to determine from square one if all the supposed plaintiffs had, in effect,…
In an important update, the U.S. Department of State announced that all receipts for payment of Machine-Readable Visa (MRV) fees, issued before October 1, 2022, will expire on September 30, 2023. This declaration has potential implications for legal professionals and global corporations employing foreign nationals, as it directly impacts the visa application and processing timelines….
In a recently unfolding matter, a federal judge in Maryland dismissed the argument posited by the Washington Commanders Football Team, challenging their motion to compel arbitration, thus slating a personal injury lawsuit to move forth. The crux centered around whether the group members, involved in a fall from an elevated surface at FedEx Field, were…
In a promising move geared towards safeguarding employee rights, the state of New York has outlawed “captive audience” meetings. This comes as a significant disruptive development to the conventional methodologies utilized by corporations, as employers are no longer permitted to punish workers who choose not to participate in these mandatory meetings. Notably, these captive audience…
The U.S. Securities and Exchange Commission’s (SEC) recent supply chain climate disclosure proposal may undergo significant amendments, according to securities attorneys. In a recent report by the National Law Journal, experts have expressed concerns about the practical challenges and financial burden associated with compliance. The opposition to the proposal is largely focused on its potential…
In a recent decision, the Colorado Supreme Court ruled in favor of two law firms, Killmer, Lane & Newman and Towards Justice, and attorney Mari Newman, emphasizing that their public comments made regarding an ongoing class action lawsuit were protected by litigation privilege. This case was centered around a class action claim lodged on behalf…
When it comes to arduous discovery in construction litigation, improving technological savviness may be key. Alex Thrasher, a litigation associate in the construction practice of Bradley Arant Boult Cummings, alongside Paige Hunt, the Vice President of global discovery solutions at Lighthouse, emphasize the importance of embracing technology to navigate complex construction project litigations. Thrasher, based…
Rudy Giuliani, former New York City Mayor and personal lawyer to ex-President Donald Trump, is facing a claim of over $1.36 million in unpaid legal bills. This claim arises as a result of outstanding invoices from his legal representation during the criminal probe into the January 6, 2021, attack on the U.S. Capitol and other…
The legal landscape concerning non-compete agreements continues to shift in California, presenting fresh challenges and additional considerations for employers. According to the state’s prevailing law, not only are non-competes considered void, but employers who impose such restrictions may now also incur liability. As established with the California Business and Professions Code Section 16600, any contract…