In a semi-annual intellectual property seminar – KTIPS – held by Kilpatrick Townsend in San Francisco, firm attorneys led two days of interactive discussions on the latest developments in the field. It was an opportunity for legal professionals to gain insight into the current state of intellectual property law, potential future changes, and corresponding challenges…
In a recently concluded case in the Ninth Circuit, mass marketing text messages were deemed not to constitute “prerecorded voices”, thus raising new considerations under the Telephone Consumer Protection Act (TCPA). The case, brought forward by Lucine Trim against Reward Zone USA, LLC, centers on the allegation of a TCPA violation due to mass marketing…
In a notable twist, the Fourth Circuit has recognized the ‘Equal Opportunity Harasser’ defense, according to an update from Parker Poe Adams & Bernstein LLP. This development comes as legal professionals observe an increasing number of employees considering litigation against their employers for perceived ‘hostile work environments’. Usually, these complaints arise from employees who believe…
In a reversal of long-held legal precedent, a Federal Appeals Court has overturned a stringent rule followed by courts in the Fifth Circuit, affecting the viability for employees to sue under Title VII for workplace discrimination. The full details of this remarkable shift can be explored in detail here. For years, employees intending to bring…
The life sciences real estate sector has seen significant changes in recent months. As per a report from CBRE, Inc., the average vacancy rate for laboratory and research and development space across the top 13 U.S. life sciences markets stood at 9% in the second quarter. This marks an increase of over four percentage points…
In the ongoing discussions about Multidistrict Litigation (MDL) case management, a recent report published on JD Supra discloses a crucial development within the Taxotere MDL. The litigation has dismissed plaintiffs who failed to perfect service by their deadline, adding another layer to the complexity of MDL management. The report signifies a departure from the previous…
In a recent, much-anticipated judgement given on August 15, 2023, the Tenth Circuit Court decided the PCMA v. Mulready case, rejecting Oklahoma’s argument that its pharmacy network requirements were not preempted by ERISA (The Employee Retirement Income Security Act). A detailed report on this judgment can be found in an article in JD Supra. The…
The How Appealing blog, hosted by Howard Bashman and dedicated to appellate litigation, has once again provided an intriguing roundup of the week’s most compelling legal developments. Highlighting a range of topics, one focus is on the investigation into Leonard Leo, co-chair of The Federalist Society and ex-Trump judicial adviser. Leo has reportedly used nonprofit…
In the rapidly evolving legal landscape of artificial intelligence (AI), privacy, and data protection, in-house counsels play a critical role. This role often involves a careful balancing act between legal requirements, regulatory guidance, and business needs. As AI becomes increasingly pervasive in everyday business functions, counsels must proactively address potential privacy and data protection issues…
In an intriguing development within the USA’s National Labor Relations Board (NLRB), the institution’s Democratic majority has announced a new rule aimed at ‘streamlining’ the union election process. The freshly imposed legislation will notably limit both the scope of pre- and post-election litigation and expedite the scheduling timeline for representation elections. Accordingly, the change is…
In a recent development that has captured the attention of legal professionals across the nation, the U.S. Court of Appeals for the Fifth Circuit has delivered a significant ruling in Hamilton v. Dallas County. Overturning nearly three decades of precedent, the court has altered a key requirement for Title VII claims. Previously, Title VII plaintiffs…
In a significant recent move, the Unified Patent Court’s Central Division has dismissed a preliminary objection during its first oral hearing. The hearing took place following the filing of a revocation action in the Central Division, while a parallel infringement action was filed in a local division. The case in question pertains directly to stipulations…
For years, Stephen Thaler has been battling legal systems in his quest to acquire patents and copyrights for works created by his Artificial Intelligence (AI) systems. Despite a series of failures, Thaler remains undeterred, continuing to pursue this unconventional litigation journey. Recently, Thaler attempted to sue the Copyright Office and the Register of Copyrights, Shira…
Over the past half-decade, an uptick in lawsuits asserting claims under the Illinois Biometric Information Privacy Act (BIPA) has been noticed in the State of Illinois. In particular, around 1,500 such legal actions have been initiated. The BIPA, at its core, prescribes regulations for the collection, use, and handling of biometric identifiers by private entities…
The International Trade Commission (ITC) has become an increasingly significant venue for the resolution of intellectual property disputes. On September 13, 2023, at 1:00 PM (EDT), Directors Uma N. Everett, Paul A. Ainsworth, and Josephine Kim will offer a webinar titled “Strategic Use of the ITC as a Complainant”. During this webinar, the trio will…
In a rapidly evolving business landscape, companies have been known to draw advantage from their top employees using their name, image, and likeness. Yet, it must be noted that employers’ rights to do so are governed by certain limitations. In episode 23 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan…
With the increasing prevalence of the False Claims Act (FCA) in heavily regulated industries, many companies and legal professionals are likely to encounter a third-party subpoena at some point. As a legal tool often used in discovery processes, it is imperative to understand how to respond when presented with one. Considering the ongoing litigation trends…
Noted mass tort settlement negotiator, Joe Rice, has been appointed to the plaintiffs’ leadership team overseeing the 3M’s $12.5 billion drinking water case by U.S. District Judge Richard Gergel, according to a recent report from Law.com. The case is part of the complex multidistrict litigation concerning perfluoralkyl or polyfluoralkyl substances, known as PFAS, in contaminated…
In ongoing developments of the Georgia RICO case, attorney Ken Chesebro, one of 18 accused of participating in a conspiracy to undermine the 2020 presidential election, has demanded a speedy trial, asserting his right to be tried by the end of October 2023. Previously best known for earning a fortune through Bitcoin, the attorney made…
Two families based in Florida have initiated a class-action lawsuit against the Florida Agency for Health Care Administration (AHCA) and the Florida Department of Children and Families (DCF). The suit alleges that officials are terminating ‘tens of thousands’ of residents’ Medicaid coverage, without providing ‘adequate individualized written notice.’ States, including Florida, have resumed determining eligibility…
On Thursday, August 24, the morning read from SCOTUSblog served up noteworthy links related to the Supreme Court, including news articles and commentary pieces for dedicated legal professional audiences. Among the prominent pieces was a report by Alison Frankel from Reuters which focused on a recent case involving a Pizza Hut franchise owner. The owner…
In a recent litigation, the United States Court of Appeals for the Fourth Circuit faced the dairy dilemma of determining whether the term “gruyere” cheese is a mere generic term or if it has the right to be registered as a trademark within the United States. This forms an essential part of the ongoing contention,…
Following the controversial SFFA v. Harvard decision negating the positive or negative use of race in law school admissions, law schools are now grappling with how to handle their post-affirmative action applications Reuters reports. How the universities manage both the students’ and their own needs without being seen to use prohibited practices is a challenge…
We’ve often heard the adage “do it afraid”, a piece of advice aimed at motivating individuals to face challenges head-on, despite their fears. However, when it comes to pressing responsibilities such as reviewing, revising, drafting, negotiating, and managing contracts, can fear be a detrimental factor to in-house lawyers? For many legal professionals, their first in-house…
Chicago law firm, Mandell Menkes, is facing litigation over allegations of biometric privacy rights infringement. A former legal secretary of the firm has filed the lawsuit in Illinois Circuit Court. The contention lies in the firm’s deployment of a fingerprint-scanning time clock system, which allegedly holds and utilises personal biometric identifiers of its employees. The…