Recently, in a case involving Sandoz Inc. vs Acerta Pharma B.V. (IPR2023-00478), the Patent Trial and Appeal Board (“PTAB”) found itself denying IPR institution where the asserted prior art was labelled as cumulative of that considered during prosecution. This ruling is drawing attention from legal professionals and corporations alike, in light of its precedent-setting nature….
In the wake of the Grenfell Tower fire tragedy in June 2017, an urgent spotlight was thrust on the widespread use of potentially hazardous and inappropriate cladding materials on multi-storey buildings. This attention given to the issue has impacted the market and set new regulation gears in motion. Over nearly half a decade since the…
The landscape of the insurance industry continues to evolve, with legal developments shaping and reshaping how policies are interpreted and enforced. September’s 2023 Insurance Update provides fresh insights into these ongoing changes, with particular focus on two federal circuit court rulings on late notice – an issue that remains pertinent and complex. Both court cases…
When it comes to innovation, “if I had asked people what they wanted, they would have said faster horses,” is an infamous quote often linked to Henry Ford. This claim nicely encapsulates the quandary organizations face when trying to innovate. Customers and professionals generally aren’t always aware of new technologies or solutions that can lead…
In a notable ruling from the U.S. District Court for the District of New Jersey, a summary judgment motion brought forth by the defendant was denied. Instead, the court acknowledged that a bank levy against the plaintiff provided the necessary stance needed to claim under the Fair Debt Collections Practices Act (FDCPA). The case, which…
Greenberg Traurig is seemingly strengthening its position in Phoenix’s burgeoning legal market by expanding its litigation expertise. The firm’s most recent move involves bringing in two litigation shareholders following a similar addition in July. This move is of significant interest given Phoenix’s sustained growth, as noted by Nicole Goodwin, Greenberg Traurig’s co-managing shareholder of the…
Wachtell, Lipton, Rosen & Katz has made a notable move by adding Randall Jackson to its team. Jackson, the co-chair of Willkie Farr & Gallagher’s white-collar defense, joins Wachtell as a partner in its litigation group. This hiring marks the first lateral recruit to the Am Law 100 firm in more than a year. This…
In a significant ruling, the Supreme Court’s summer decision in Health and Hospital Corporation of Marion County, Indiana, et al. v. Talevski has increased the pressures for nursing homes. The highest court ruled that private litigants are now authorised to present civil claims against facilities in order to recover damages for violations of particular provisions…
Professional dignity and judicial prestige establish the tone at the Bench and Bar Conferences, making them profoundly insightful experiences for attending litigators. The 2023 Bench and Bar Conference held by the Delaware Chapter of the Federal Bar Association was no exception. On the first day, I was privy to two panel discussions, including a resourceful…
As many legal professionals are already aware, the US concepts of the attorney-client privilege and the work-product doctrine have origins in England’s legal advice and litigation privileges. But what are the key differences and similarities between these two systems? An in-depth analytical piece provided by Kennedys Law gives a detailed comparison of these two systems,…
In a significant turn of events at the annual Proposition 65 Conference held in San Francisco, California, on September 18, 2023, Environmental Health Advocates v. Sream, Inc., 2022 83 Cal.App.5th 721 (Sream), along with three other California appellate cases, featured as subjects of an engaging panel discussion. The rulings in these cases caught the attention…
In recent years, the health care industry has seen a tightening in enforcement and a rise in lawsuits driven by a sophisticated network of federal and state anti-kickback and anti-inducement laws, reflecting the authorities’ efforts in combating fraudulent schemes. This has inevitably presented legal questions and uncertainties for plan and provider organizations navigating this emerging…
A private equity investor in Dell Technologies Inc. is contesting a Chancery Court’s significant $266.7 million attorney fee award. This record-setting fee was granted to the class counsel in recognition of their efforts securing a substantial $1 billion settlement for stockholders. The litigation stems from a contentious $23.9 billion stock swap that transpired in 2018…
In a contemporary communications landscape that is primarily digital, sound email management is more essential than ever. Ensuring we are sending emails to the correct recipients is a fundamental aspect of this, as the notorious “Reply” and “Reply All” buttons can often be dangerously close to each other. A misjudged reply can expose uncomfortable content…
In a rather compelling case that once again brings up the importance of the burden of proof principle in causation matters, Normandy Insurance Company v. Mohammed Bouayad and Value Car Rental, LLC (Case No. 1D21-1717) has been making waves in the legal sphere. This case recently saw an appeal from an order of the Office…
Legal boundaries alter themselves subtly yet significantly within business dispute litigation, particularly when discerning between direct and derivative claims. Both of these claim types hold vast implications for dissident owners who find themselves in conflict with their co-owners. This complex duality of claim types has proven to be a prevalent (and often litigated) factor in…
The Ninth Circuit recently affirmed the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, sparking discussion among legal experts about the public interest exemption. In question is the precedent set by the Ninth Circuit that denial decisions under the anti-SLAPP law are appealable, the validity of which was questioned by…
The Superior Court of California, County of Los Angeles, has issued final orders on a series of motions from automotive defendants Mercedes-Benz USA LLC, Morse Tec LLC, American Honda Motor Co. Inc., and Volkswagen Group of America Inc. Lesser-known firms positioned against plaintiff Samson Bareh, who alleges exposure to asbestos through their manufactured products. In…
Mass-arbitration fees have drawn significant attention again following a recent ruling by the U.S. District Court for the Northern District of Illinois. Standing as the latest in a series of courts requiring a company to cover extensive legal fees to adjudicate mass arbitrations, this verdict undoubtedly signals a growing trend within the U.S. legal system….
On June 1, 2023, a new chapter in European patent law began with the inauguration of the European Unified Patent Court (UPC). With a territory covering 17 member states, this novel framework allows enforcement of European patents in these states through one consolidated action. Providing a much-needed simplification and unification of the patent system, the…
In a development worth noting from the realm of telecommunication legalities, a federal court in Pennsylvania has made an interesting ruling in the Perrong v. Bradford et al case. The plaintiff moved court against an elected official, arguing that their civil liberties were violated under the Telephone Consumer Protection Act (TCPA). This was claimed to…
A recent ruling by the Tenth Circuit Court of Appeals carries significant implications across the West for air permitting. A three-judge panel, which was divided in its decision, vacated and remanded the EPA’s approval of Colorado’s state implementation plan (SIP). This decision was predicated on the state’s SIP exclusion of temporary sources of air emissions…
In a crucial legal development, American Rehab Kare, LLC a/a/o Tracy Alexandre has been dealt a setback in their lawsuit against Plymouth Rock Assurance Preferred Corp., as reported by JD Supra. Plymouth Rock filed a motion in response to the plaintiff’s compensation claim, asking the court to dismiss the suit and compel arbitration, a move…
Despite its Old French and Latin etymology translating to “speak the truth”, the phrase “voir dire” often stirs up thoughts of the jury selection process rather than truth-speaking in the legal world. Within this legal procedure, potential jurors are meticulously interviewed and screened to decide on their suitability to sit on the jury. This article…
On September 22, 2023, Financial Institution Service Corp. (FISC) issued a notice detailing a considerable data breach. The breach reportedly was tied to a vulnerability in MOVEit, a file-transfer application that had been exploited by cybercriminals, impacting over 750,000 individuals. This was disclosed in FISC’s filing of a notice of data breach with the Attorney…