In an era marked equally by the rise of technological sophistication and concerning trends in fraudulent activities, New York continues to set the standard with its unyielding stance against fraudsters. The State has recently demonstrated its commitment to penalize violations ruthlessly under 114-a of the Workers’ Compensation Law, especially those pertaining to fraud litigation. As…
According to a recent report by WebRecon, there were noticeable fluctuations in U.S. court filings regarding consumer litigation through July. The patterns reflect an upswing in some areas and a reduction in others, providing a complex landscape for corporate law professionals to navigate. In July, numbers indicated a slight uptick in court filings under the…
As a marriage proposal falls through or a marriage dissolves, questions often arise around the fate of the engagement ring. Traditionally seen as a potent symbol of affection, this often expensive piece of bling can become a point of heated contention. How these disputes are settled is determined in part by complex legal considerations. A…
In a recent development, the No Surprises Act (NSA) regulations have been struck down by the Eastern District of Texas court, marking the fourth defeat for the federal government in its attempts to combat cases brought by health care and air ambulance providers. Embodied in a case known as TMA III, the court’s decision specifically…
In the week ending August 25, 2023, several key rulings reshaped the landscape of patent litigation. One case particularly stands out: Volvo Penta of the Americas, LLC v. Brunswick Corp., No. 2022-1765 (Fed. Cir. (PTAB) Aug. 24, 2023). The court’s decision addressed a critical issue facing many industries: the challenge of patent claims before the…
As the year progresses and the temperatures fall, the autumn season brings more than just a change in weather. The new season is commonly known as PSL season, however, it’s not the popular Pumpkin Spice Latte type; it’s Paid Sick Leave (PSL) season. In this period, employees may frequently call out sick, and it’s of…
In a recent precedent-setting decision that is already prompting discussion among legal professionals, the U.S. Court of Appeals for the Federal Circuit addressed a longstanding query related to Obvious-Type Double Patenting (ODP) and Patent Term Adjustment (PTA). The Court’s ruling in In re Cellect (No. 22-1293) was promulgated on August 28, 2023. Historically, the relationship…
The U.S. Equal Employment Opportunity Commission’s (EEOC) proposed rules implementing the Pregnant Workers Fairness Act (PWFA) could trigger an uptick in job-related litigation, according to employment lawyering professionals. The new guidelines deal with workplace accommodations for employees undergoing pregnancy or related conditions. This could create disagreements concerning whether employers have met the accommodation requisites as…
The outcome of legal suits related to self-driving vehicles may, in a significant measure, depend on the risk management strategies adopted by the vehicle manufacturers. This insight comes amid an ongoing debate on the allocation of liability in the advent of autonomous vehicle accidents. “Legal reality is likely to be less accepting of driver responsibility…
Artificial Intelligence (AI) continues to revolutionize modern professions and reshape the job landscape, prompting discussions on the ethical and legal implications centered around AI’s increasing role in the workforce. An upcoming webinar, scheduled for September 12th, between 12:00 pm and 1:30 pm CT, sets out to address these consequential matters. Presented by the Society of…
Legal professionals often understand the importance of proper document handling. Substantial emphasis is placed on redaction – the legal process of removing or censoring sensitive information in a document before it is made public or submitted as evidence in a court proceeding. Mismanaged redactions can cause distractions, not to mention to detrimental legal consequences. Redacted…
Opponents of diversity programs are employing an unexpected tool in their litigation: a law dating back to the American Civil War era. A spate of suits filed on behalf of white workers in the wake of the US Supreme Court decision that made affirmative action in higher education unlawful, are leaning on a statute originating…
In a noteworthy judicial move, the Seventh Circuit opted to nullify a $57 million attorney fee award from a $181 million settlement for chicken buyers in a high-stakes antitrust lawsuit recently. The court’s argument was that the lower court failed to examine bids made by class counsel in auctions from other cases or fee awards…
In an era where artificial intelligence (AI) rapidly integrates into the operational fabric of virtually every business and organization, it has become crucial to implement applicable workplace policies. Notwithstanding its multitude of benefits, the utilization of AI-powered applications and tools also introduces a series of potential challenges, some of which can entail significant legal risks…
The labyrinth of employer diversity programs seized the legal limelight with the Supreme Court’s Students for Fair Admissions decision. Ever since, corporate legal teams have been grappling with the potential challenges posed to their diversity, equity, and inclusion (DE&I) policies and programs. Given the recent spate of litigation in the sector, this trend of legal…
As the work week comes to a close, we round up the latest news from the courtrooms on 340B cases from August 23 – 29, 2023 in a concise overview for busy legal professionals. Those familiar with 340B cases will find this weekly series an invaluable touchstone for keeping up-to-date with the evolution of an…
In a continuing trend of talent migration from Big Law to midsize firms, Jaran Moten, a litigation partner at Kirkland & Ellis, has joined the ranks of the 152-strong attorney team at Phillips Lytle. The Buffalo, New York-based firm continues its expansion in the Midwest with the growth of its Chicago office. Moten has a…
In a recent decision on August 23, 2023, The Delaware Court of Chancery addressed an issue of poorly drafted contracts in the case, Frontline Technologies Parent LLC et al. v. Brian Murphy et al. The case, as pronounced by the court, is described as a “textbook example of why parties should ensure their contracts say…
In what has been a herculean task to resolve, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act as reported by JD Supra. The publication of this document comes ahead of schedule, but it now raises a host…
In a world marked by rapid and abrupt changes, it comes as no surprise when the legal realm around The Reports of Foreign Bank and Financial Accounts (FBARs) and the Foreign Account Tax Compliance Act (FATCA) is subjected to significant legal shifts. This summer, the legal climate has certainly not been idle, as new developments…
Federal Judge M. Casey Rodgers has requested to understand the extent to which outside investors backing lawsuits will benefit from a $6 billion settlement established for military veterans who were injured by faulty earplugs manufactured by 3M Co. The disclosure came on the heels of 3M Co.’s announcement of a settlement to resolve the countless…
In a seminal development on August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit broadened the spectrum of employment actions that may be deemed as ‘adverse employment action’ under Title VII. The case in point involved Hamilton v. Dallas Cnty., ruled on by the 5th Cir. en banc, carrying the identifier No….
In an era of escalating cybersecurity threats, the retail industry is also facing the consequences of data breaches. Most recently, fashion retail giant F21 OpCo LLC also known as Forever 21, reported a significant leakage of personal data, affecting more than 539,000 individuals. The breach was reported to the Attorney General of Maine on August…
In a recent decision impacting corporate legal departments and law firms managing large-scale litigation, the Seventh Circuit has ordered a lower court to reconsider the sum of $57.4 million awarded in attorney fees. This significant ruling stems from a case related to alleged price-fixing activities in the broiler chicken market. The pivotal plaintiff involves Tyson…
The U.S. Occupational Safety and Health Administration (OSHA) has unveiled a proposed rule change that seeks to revert to an Obama-era policy concerning employee representatives during OSHA workplace inspections. As of August 29, 2023, the newly proposed rule would allow employees to select third-party representatives to accompany inspectors during OSHA walkaround inspections of their employer’s…