A consortium of companies that once offered credit repair services, though now bankrupt, have agreed upon a colossal $2.7 billion settlement with the Consumer Financial Protection Bureau (CFPB) in order to amicably resolve a previously outstanding lawsuit by the agency. The details of this significant legal outturn can be read here. In the year 2019,…
Various aspects of litigation are perceived to be more stressful than those revolving around transactional matters. Qualities in litigation that are typically absent in transactional matters seem to contribute to the heightened tension experienced by litigators. In a recent conversation shared with Above the Law, a litigator reflected on these characteristics through his own practice,…
The rapidly shifting legal landscape surrounding Title IX is a pressing concern for attorneys navigating this complex area of law. Generating both concern and curiosity across the legal community, a potential sea change may be on the horizon. An upcoming webinar on Title IX litigation promises to offer considerable insight into this unfolding situation. The…
The UK legal scene has seen some significant activity over the past week, as several high-stakes litigations have made headlines. Notably, Axiom has taken its former boss to court, accusing him of misappropriating funds. These allegations, if substantiated, could have serious implications for the involved parties. Law360 provides more details. In litigation related to the…
This week witnessed a treasure trove of discussions and dissent in the legal space. Acclaimed content from Howard Bashman’s How Appealing blog, the internet’s pioneering ground for noteworthy appellate litigation, draws our attention to some of them. Justice Brett Kavanaugh was reported addressing an audience about upcoming ‘concrete steps’ to enhance Supreme Court ethics. Cited…
If you’re stepping into the complex arena of commercial real estate, prepare yourself to encounter a host of unfamiliar terms. One such term is the “Lease Commencement Date”, which at first, may seem quite straightforward. However, poor contract drafting often gives rise to unexpected difficulties. The definition of the lease commencement is a critical aspect…
In recent years, the instances of artificial intelligence, particularly chatbots like OpenAI’s ChatGPT, being employed within legal practice have significantly surged. Since its launch in November 2022, this chatbot has gained considerable attention and usage due to its advanced abilities, such as answering inquiries and creating written content in a remarkably human-like manner. However, questions…
Product Liability is an essential topic in business law, particularly significant to corporations and legal professionals. Clarifying the understanding of product liability claims helps these professionals adeptly navigate related legal scenarios, potentially preventing litigation or adeptly defending against it. This subject is particularly crucial in Florida, where the state law distinctly categorizes product liability claims…
Magistrate Bonnie W. David of the Delaware Chancery Court published a post-trial report on August 25, 2023, dismissing stockholder requests for additional email production from Zendesk, Inc. The stockholders’ demands were part of a books and records demand, primarily made under 8 Del. C. § 220, for investigating potential misconduct associated with the company’s entry…
Corporations around the globe, particularly those operative within the domain of worldwide investing, may find themselves confronted by a new set of challenges brought about by the EU’s recently implemented environmental, social, and governance (ESG) disclosure rules. These guidelines have been designed to enhance awareness of investors, stakeholders, and securities regulators alike. However, the fragmented…
On August 25, 2023, the Seventh Circuit Court of Appeals changed the rules of the game with the ruling on Deslandes v. McDonald’s. The case, which initially was dismissed by a district court, questioned the legality of no-hire and non-solicitation clauses included in McDonald’s franchise agreements. The full details of the case can be found…
In a significant development within the U.S. legal industry, six attorneys from leading law firm Shook Hardy & Bacon LLP have recently joined Arnold & Porter. The new hires have been incorporated into Arnold & Porter’s product liability litigation practice group and will enhance the firm’s operating capacity in its Washington, D.C., and Houston offices….
In a recent precedential opinion, the Federal Circuit reviewed the case of VOLVO PENTA v. BRUNSWICK CORP, casting a spotlight on the importance of balanced and fair arguments when it comes to defending patent owner’s rights. The court’s decision can contribute significantly in shaping the patent domain’s future landscape. The Court, with judges Moore, Lourie,…
In a bid to encourage the widespread adoption of its new Copilot AI software, technology behemoth Microsoft has assured its commercial users that it will shoulder any potential legal expenses if they face accusations of copyright infringement pertaining to the use of the software or its generated outputs. This commitment came to light through statements…
In an ongoing legal dispute, Reed Smith, Miami-based litigation firm, has procured a victory for Brazilian non-lethal weapons manufacturer, Condor. Condor was sued by the Bolivian government, the claim stating that the Brazilian company was complicit in a bribery scheme through a third-party vendor. The scheme was allegedly maintaining the production of tear gas and…
In recent news, there have been mixed reactions to the Department of Health and Human Services’ (HHS) recommendation that the Drug Enforcement Administration (DEA) should reschedule marijuana. Ideologies appear to have settled into three main camps, each with their own perspective on this development. Elsewhere, a significant legislative move was observed in California as a…
The recent rise in interest in artificial intelligence (AI) has ignited a new wave of speculation about its capabilities. However, Karl Harris, CEO of the legal analytics firm Lex Machina, approaches the field with both enthusiasm and pragmatism, gauging success by the immediate impact of AI rather than lofty future promises. According to Harris, Lex…
The landscape surrounding non-compete agreements is due for a seismic shift in California with the advent of a significant new law. For over 20 years, California law has maintained that non-compete agreements are unenforceable in the context of employment, a precedent set in place by Edwards v. Anderson, 44 Cal.4th 937 (2008). This standpoint extends to…
In a recently developed sequence of events, the Department of Labor (DOL) has issued a Notice of Proposed Rulemaking that plans to raise the salary threshold for white-collar overtime exemptions. This is eerily similar to the proceedings back in 2016, as reported by a number of sources. The 2016 scenario started with the DOL proposing…
Nominations are now open for the annual Professional Excellence Awards in Texas, celebrating the exceptional work and accomplishments of the Texas Lawyer legal community. This year features a more focused awards selection, with three main categories up for nomination. The first is the “Attorney of the Year” accolade, which recognizes an individual who has had…
In an important recent development, fiduciaries of a 401(k) plan claimed victory following a bench trial in a Pennsylvania federal district court, defending themselves against allegations of imprudent management and excessive recordkeeping and investment management fees in the case of Nunez v. B. Braun Medical, Inc. JDSupra reports. This triumph constitutes another assertion of fiduciary…
The United States Second Circuit Court of Appeals ruled on August 24 in Kirschner v. JP Morgan that the origination and distribution of $1.8 billion in syndicated bank loans cannot be categorized as securities transactions, even when resold to institutional buyers on the secondary market. The court upheld the District Court’s decision, reinforcing a significant…
In the case of Cruz v. Fanoush, 183 N.Y.S.3d 320 (Mem), the New York Appellate Division, 2nd Department upheld a trial court’s denial of the plaintiff’s motion for summary judgment. The plaintiff had filed a personal injury claim after being involved in a motor vehicle incident, pursuing litigations on matters of liability and whether the…
The U.S. Court of Appeals for the Second Circuit recently delivered a decision that reaffirms the stability present in the syndicated term lending market. In the anticipated judgement surrounding Kirschner v. J.P. Morgan Chase Bank NA, which took place on Aug. 24th, the three-judge panel unanimously decided in favor of the district court’s ruling and…
As the world grapples with economic uncertainty, corporate legal departments are evolving into problem-solvers helping businesses not only survive but also thrive. This changing role of in-house legal teams is deeply rooted in their strategic approach towards litigation and risk management, according to a study sponsored by Burford. For this study, in-depth interviews were conducted…