In a historic move, the Supreme Court has issued rulings on the constitutionality of affirmative action in the context of Harvard College and the University of North Carolina’s admissions programs. As discussed in the recent practice update by Akerman LLP, both institutions’ admissions policies were found to be in contravention of the 14th Amendment’s Equal…
In an arbitration dispute involving the Panama Canal Authority and contractor Grupo Unidos por el Canal, S.A. (GUPC), the Eleventh Circuit federal court decided to uphold an arbitral award last month even though the arbitrators’ failed to disclose certain potential sources of bias. This litigation stems from the issues that arose during the construction of…
In the face of growing concerns about cyber threats in the international business community, MGM Resorts (“MGM”) has confirmed a severe cyber-attack on its systems. The attack, which occurred on Sunday, September 10, 2023, required the corporation to halt operations at multiple Las Vegas hotels. As reported by Console and Associates, P.C. on JD Supra,…
Traditionally, law firms have relied heavily on contract labor for a range of roles, including positions such as of-counsel attorneys, discovery attorneys, investigators, and a myriad of temporary workers focused on specific casework. These individuals are usually classified as independent contractors, issued a 1099 and thereby omitted from employee benefit programs. However, a shift has…
Depositions, an integral part of the pretrial discovery process, serve as a powerful means to prepare for a trial. They empower parties to compile details related to non-privileged matter that bears relevance to a party’s claim or defense. Nonetheless, one may wonder what role a deposition continues to play once a trial has concluded. This…
In an intriguing event of legal progression, an Indiana Appellate Court, on August 20, 2023, dismissed a suit concerning accusations of negligent life-prolonging care given to a nonagenarian patient. As the patient was unable to give consent personally, the plaintiff charged that this constituted a case of “medical battery”. Their claims hinge upon the allegation…
The High Court has once again employed its authority to issue a Group Litigation Order (GLO) – a seemingly rare occurrence in 2023, with this being only the second instance. The GLO was issued in the class action proceedings of Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB). The…
The U.S. district court in Washington has recently dismissed a derivative lawsuit challenging Starbucks’ policies related to diversity, equity and inclusion (DEI). The case titled National Center for Public Policy Research v. Schultz was instigated by a conservative advocacy group and held that the plaintiff neither adequately represented the interests of Starbucks and its shareholders…
In recent years, North Carolina has been steering the present and future of its economy through the use of megasites. These expansive tracts of land, each consisting of a minimum of 1,000 contiguous acres, have attracted large-scale projects that have not been previously seen in the state. According to a report from McGuireWoods Consulting, the…
The concept of obviousness-type double patenting (ODP), while wrought with complexity, continues to hold significant weight in intellectual property law. In a recent case, the Court of Appeals for the Federal Circuit (CAFC) asserted the ongoing relevancy and legitimacy of ODP as a challenge to patent validity. This analysis was carried out by the CAFC…
In recent years, a recurring issue has been plaguing motor carriers, transportation brokers, and shippers involved in high-stakes, catastrophic casualty litigation. This issue is none other than the application of Reptile theory litigation tactics, a strategy which also has started to yield nuclear verdicts. This strategy’s effectiveness and the significant challenges it imposes on defendants…
In the light of recent developments and court decisions, holders of patents need to reassess their patent strategy. The crucial case of In re Cellect signals an important shift, where granted patents could potentially be at risk of facing Post-Grant Double Patenting challenges. These challenges may result in the loss of the patent altogether or…
In a recent determination, the Delaware Court has cast ambiguity over the application of the “Bump-Up” Exclusion clause in relation to mergers and acquisitions. A standing feature of directors’ and officers’ (D&O) liability insurance policies, this clause is garnering attention for its increasing relevance in securities litigation that often follows high-profile business mergers and acquisitions….
The Supreme Court of North to provide guidance to unrepresented litigants, a recent move drawing attention within the legal community. This development comes amidst an increasing number of queries and filings from unrepresented individuals, many of whom grapple with the navigation of the legal system. Among the challenges they often encounter include misunderstanding the appropriate…
The legal landscape in Florida has seen recent transformational adjustments having a significant impact on insurance coverage litigation, primarily centering around bad-faith claims. These amendments are part of a series of legislative changes introduced through Senate Bill 2A and House Bill 837, which came into force in December 2022 and March 2023, respectively. As per…
In a significant development for corporations and law firms involved in 401(k) plan fees disputes, the Tenth Circuit has introduced a new pleading standard. In a case of first impression, the Court mandated that a 401(k) plan participant alleging excessive investment management or recordkeeping fees must assert a “meaningful benchmark” to survive a motion to…
On September 8, 2023, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) published a final rule amending the significant definition of “waters of the United States” pursuant to the Clean Water Act. This rule, collectively referred to as the "Agency Rule," revises the Agencies’ definition which had…
The legal landscape is ever-evolving, and August 2023 was no exception, with several notable litigation making headlines. This article will delve into the these cases that have made wave in the corporate world. First on the docket is the Securities and Exchange Commission (SEC) v Rocha. The SEC has made headlines several times for their…
In a development that underscores the steady tightening of regulatory scrutiny, on September 11, 2023, the Securities and Exchange Commission has announced settlements with nine registered investment advisers over alleged violations of the Investment Advisers Act’s new marketing rule (Rule 206(4)-1). The cornerstone of the conflict, as per the SEC’s allegations, is the incorrect handling…
On August 25, 2023, a significant ruling emerged from the United States District Court for the District of New Jersey. The case was a putative class action asserting claims under the Securities Exchange Act against a company that supports and operates blockchain technologies, as well as certain of its executives and investors. The case, known…
Legal professionals who specialize in workplace litigation are keeping a close eye on a recent case in the Second Circuit, which has raised significant questions on the topic of academic freedom and freedom of speech in the workplace. A ruling has now determined that the Garcetti defense does not apply to a professor’s claim of…
The concept of “it takes two to tango” seems to no longer be absolute within the context of the National Labor Relations Board (“Board”) regulations, particularly with the recent emphatic reaffirmation that sometimes it might just take one. On August 25, 2023, the Board issued a crucial decision in the contentious Miller Plastic Products, Inc….
As we emerge from the treacherous labyrinth of this pandemic, the resultant aftershocks are juddering through the fabric of our legal landscape, particularly on the terrain of contract law. Like the COVID-19 virus, COVID-related contract claims have not gone away, manifesting in myriad ways that continue to test the boundaries of law. One such frontier…
A webinar series, titled “3rd Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA,” is slated to hold from October 10th through 26th, starting daily at 1:00 pm EST. This digital event comes with an especial interest for legal professionals and business executives involved in the biopharmaceutical industry as it aims to provide…
Teaching complex technology in patent litigation is an art that is always evolving, especially with the ceaseless proliferation of sophisticated intellectual properties. This is the topic of an upcoming webinar, scheduled for October 5th, from 12:00 pm to 1:00 pm ET. No matter how intricate or esoteric the technology in a patent dispute may be,…