In a notable shift from traditional procedure, the Sixth Circuit Court of Appeals recently outlined a new set of guidelines which district courts should adhere to when deciding whether to greenlight notice in Fair Labor Standards Act (FLSA) cases. This new approach was first adopted in the case of Clark v. A&L Homecare & Training…
As we see the summer months of 2023 draw to a close, one cannot help but notice the significant events making headlines in relation to privacy laws, particularly in the United States. The events in question are to varied scales and magnitudes— ranging from statewide legislation in Oregon to federal agency action by the Securities…
The UK legal landscape witnessed some significant upheavals during the past week. A Kazakh paper recycling company changed the course of their investment dispute against their CEO and the litigation funder, Harbour Fund. In another instance, a real estate company founded by Axiom’s former chief was implicated in a breach of contract claim. Noted street…
In a noteworthy development, labor unions and the California restaurant industry have arrived at a consensus that stands to considerably impact the fast-food chains across the state. The agreement was finalized on September 11, 2023. As reported, this settlement encompasses various factors, the notable ones being an increase in minimum wage for fast food workers…
In the rapidly advancing digital age, mobile devices have propelled themselves to become an indispensable aspect of our business and personal lives. More so, they now hold a key role in areas such as legal hold, corporate governance, and internal or government investigations. The EDRM – Electronic Discovery Reference Model discusses the untold potential of…
In September 2023, the Illinois Gaming Board convened for its monthly assembly. The gathering was a unique hybrid of in-person and virtual meet-up. Drawing participants to the 160 N. LaSalle St., Fifth Floor Auditorium and attracting a broader audience via a concurrent livestream. Participating board members included presiding dignitary Chairman Schmadeke and board associates Hayden,…
The Supreme Court term for 2022 concluded this June, followed by justices taking their respective summer vacations and breaks. Some ventured on holidays, while others opted to teach in various locations, both in and outside the USA. Despite the justices being on break, it transpires that attention was also given to establishing ethical guidelines for…
In times of economic uncertainty, legal departments within corporations are increasingly seen as pivotal tools in the management of risk and fostering business growth. A greater comprehension of how macroeconomic trends influence the thought process of senior in-house lawyers pertaining to litigation and risk management could potentially assist these departments in better serving their businesses….
The complexities of litigation holds represent a daunting prospect for many legal professionals. The challenge is not only managing and preserving data during the legal hold but is equally concerned with what happens after the hold is lifted. This webinar, titled “The Lit Hold is Over – What Next?” promises to shed light on this…
The world of legal arbitration, particularly in cases involving the Private Attorneys General Act (PAGA), is about to be explored in depth, as detailed by a recent webinar announcement on JDSupra. Offering a comprehensive overview of the subject matter, the webinar, set for September 26, is being hosted by CDF Labor Law LLP, and expected…
The latest decisive move by the Fifth Circuit in the Federal Court of Appeals has spurred significant discussion among employers across Louisiana, Texas, and Mississippi. This regarded court, known for its conservative stance and employer-friendly positions, swerved from tradition in a recent Title VII claims case – Hamilton v. Dallas County. In an unexpected ruling,…
In a review of the U.S. Supreme Court’s 2023 term, key decisions from two landmark cases have offered new insights into the interpretation of scienter and government intervention as respectful to the False Claims Act (FCA), 31 U.S.C. § 3729. These cases include United States ex rel. Schulte v. SuperValu Inc. and another case against…
Several prominent law firms have recently reported significant changes within their business development, marketing, and communications departments. This ongoing pattern seems to indicate a new era for business development professionals in “big law” firms. This recent trend suggests a shifting landscape, potentially impacting the traditional roles and responsibilities of these professionals. Positions within business development…
In a complex bankruptcy case involving the defunct Litigation Practice Group (LPG), a recently appointed attorney argued that her clients, former LPG employees, are unjustly targeted by the bankruptcy trustee. In her statement, the attorney described her clients as “collateral damage” who should be considered victims rather than defendants. This assertion, however, was met with…
A recent lawsuit filed against Amazon.com highlights ongoing challenges regarding employee rights and termination procedures. The case was first reported by Law.com and concerns a former Amazon employee who alleges that they were unable to engage with an English-speaking representative after their employment was terminated while on injury leave. The details of the case remain…
A new report suggests that product liability cases not included in multidistrict litigation topped their highest level since 2013, with a total of 5,826 cases recorded to have been filed in 2022. According to the 2023 Product Liability Litigation Report by Lex Machina, this rise has been a constant for seven years, excluding a minor…
The Fourth District Court of Appeals recently made a noteworthy ruling regarding the compliance thresholds of a pre-suit demand letter in the case of Chris Thompson, P.A. a/a/o Elmude Cadau v. Geico Indemnity Co., Nos. 4D21-1820 and 4D21-2310 (47 Fla. L. Weekly D 1588). The controversy involved an appeal by Chris Thompson, P.A. (Thompson) subsequent…
SouthCoast Medical Group, LLC, also known as SouthCoast Health or simply SouthCoast, recently filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights. The filing took place on August 17, 2023, after SouthCoast discovered that an unauthorized party had downloaded certain files from the company’s computer…
Google’s chief legal officer, Kent Walker, has found himself under the spotlight due to a recent trial, as noted in a report from Law.com. Known for his high-powered position amongst American lawyers and his inherently reputable persona, Walker may be the archetype of the legal professional, as per a profile in The New York Times….
The legal industry generally acknowledges that lawyers should maintain the freedom to practice following departure from a firm, the specific parameters of this rule can sometimes get murky. The specifics of what qualifies a restriction recently became the focus of a Maryland Supreme Court case, Jamie Bennett v. Ashcraft & Gere!, LLP. In this case,…
The legal landscape for cannabis businesses is shifting in both the east and west coasts of the United States. In New York, the state will begin accepting applications for general adult-use cannabis business licenses starting on October 4 – a development that may drastically change the cannabis industry in that region. However, as partners at…
Two recent decisions by the National Labor Relations Board (the “Board”) significantly limit employers’ power to take unilateral action and utilize the past practice defense. Issued on August 30, 2023, the Board released Wendt Corporation, 372 NLRB No. 135 (2023) and Tecnocap, LLC, 372 NLRB No. 136 (2023), which overrule different aspects of the previous…
In a recent federal case, Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., the issues of subject matter eligibility and obviousness were once again brought to the fore. The case follows on from landmark Supreme Court decisions including Mayo, Myriad, Alice, and most notably, KSR Int’l Co. v. Teleflex Inc. (2007), in which the Court first…
Bayer’s Monsanto is again defending its Roundup pesticide against claims it causes cancer, facing another litigation in the Missouri’s St. Louis County Circuit Court. The plaintiff, Mark McCostlin, alleges that the herbicide resulted in non-Hodgkin’s lymphoma, which was diagnosed in 2017 when he was 58 years old. The defense attorney for Monsanto, James Bennett of…
In a recent decision that could have significant implications for antitrust lawsuits, the U.S. Court of Appeals for the Third Circuit dismissed an appeal for a new trial presented by supermarket chain Winn-Dixie against the Eastern Mushroom Marketing Cooperative (EMMC). Winn-Dixie had alleged that EMMC, its individual mushroom farmer members, and certain downstream distributors conspired…