In a recent case, Cadwalader Wickersham & Taft LLP have informed a Brooklyn federal judge that they should not be compelled to provide the file related to their previous representation of twin brothers charged with investment fraud, citing unpaid legal fees as the primary reason. The firm also highlighted that the same issue is currently…
The latest ruling in a Colorado federal court concerning the Telephone Consumer Protection Act (TCPA) is attracting attention from legal professionals worldwide. The court in question decided not to dismiss a TCPA claim and stated that an automatic telephone dialing system (ATDS) was plausibly alleged. This decision is largely based on the reasoning found in…
Recent reports expose a concerning imbalance within the legal profession: while women constitute most law school students, they far from represent the majority of those in leadership roles within corporate organizations and law firms. This sizable gap is more acutely seen in light of the recent Supreme Court ruling on affirmative action, which now places…
A lawsuit has been launched against retail giant Target that challenges the company’s ESG priorities, marking a potent new angle from anti-ESG proponenets. The plaintiff believes that Target’s ESG practices, which includes support for diversity and LGBTQ+ communities, align heavily with left-leaning politics. While shareholder lawsuits concerning corporate ESG practices have increased in recent years,…
On a recent development in TCPA (Telephone Consumer Protection Act) case law, a district court judge in the Central District of California denied a motion for class certification. This case featured in the proceeding was Wiley v. American Financial Network, Inc. The judge’s decision was reportedly influenced by evidence provided by the defendant, American Financial…
In a recent precedential opinion, the U.S. Court of Appeals for the Federal Circuit clarified the original patent requirement based on Title 35 of the U.S. Code, Section 251, which applies to reissue applications. The decision, named ‘In re: Float’N’Grill LLC’, differentiates the original patent requirement from the written description requirement, further explaining what is…
A recent lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB) final small business lending rule has highlighted an ongoing debate about the extension of relief to all entities covered by the Rule. Last week, a blog post called for the CFPB to agree to such an extension, following a decision by the Texas federal district…
In their August 2023 edition of the Privacy & Data Security Newsletter: The Digital Download, Alston & Bird shed light on some of the most pressing issues and updates in data strategy and security. The team responsible for the publication includes Dave Brown, Kate Hanniford, Kim Peretti, Julia Mediamolle, Cara Peterman, Sierra Shear, Kristen Bartolotta,…
Corporations have a long history with director and officer litigation risk, and it comes as no surprise that these companies are seeking ways to better manage this peril. One such strategy, which has seen an uptick in adoption recently, is the implementation of choice of forum provisions. For those unfamiliar, choice of forum provisions were…
In a significant development, the U.S. Court of Appeals for the Eleventh Circuit issued a unanimous opinion in Drazen v. Pinto, No. 21-10199, 2023 U.S. App. LEXIS 18832, at *1 (11th Cir. July 24, 2023). The court held that receipt of a single unwanted telemarketing text message can be seen as a concrete injury sufficient…
In an unfolding development, the U.S. Securities and Exchange Commission (SEC) finds itself in a legal quandary during the Fifth Circuit oral argument pertaining to protection changes effected in 2022 related to proxy advisor rules, according to a report by JDSupra. In context, in December of the previous year, the Federal District Court for the…
The question of whether arbitrations count as “litigation” for work product purposes under the Federal Rule of Civil Procedure 26(b)(3) has often been a subject of heated debate amongst legal practitioners. According to the rule, protection extends to documents prepared “in anticipation of litigation or for trial.” The critical terminology under scrutiny here is “anticipation…
In a development that resonates through the legal community, plaintiffs who launch representative claims under the Private Attorneys General Act of 2004 (PAGA), still have standing in court even after their individual claims are directed towards arbitration. This follows one month after the U.S. Supreme Court opposed California’s prohibition on enforcing agreements that mandate the…
In a recent case, the US Court of Appeals for the Fifth Circuit disrupted the calm seas of trademark law. They reversed a district court’s trademark invalidity finding due to lack of subject-matter jurisdiction. This jurisdictional question arose because a covenant not to sue (CNS) issued by the trademark owner successfully deflected any potential future…
For today’s fast-paced legal landscape, paralegals and litigation support professionals must remain at the forefront of the latest technological tools and procedural developments to efficiently manage caseloads and support their firms. An innovative technique that was discussed in detail on July 1, 2023, involves using Javascript to segment PDF files – a task often important…
In a noteworthy legal development, the case of Braga Investment & Advisory, LLC v. Musa Yenni, et al., serves as a poignant reminder for legal professionals and corporates about the importance of thoroughly reviewing agreements. The judgement laid out by the Delaware Court of Chancery in the recent case, C.A. No. 2019-0408-PAF (Del. Ch. May…
Following recent developments in the New York litigation landscape, the source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) has been declared unconstitutional. Lend focus to the ruling presided over by New York State Supreme Court Judge Mark G. Masler in Cortland County, in which the contentious ruling was passed. The case…
Despite the increase in both popularity and accessibility of cryptocurrency investments in the recent years, there remains a startling lack of clarity about the primary function or use of cryptocurrency. This has led many to draw parallels between cryptocurrency and gold. Both are seen as valuable due to their perceived scarcity, but unlike cryptocurrency, gold…
The Supreme Court of India has recently refused to halt a “scientific survey” by the Archeological Survey of India (ASI) to ascertain whether a 17th-century mosque was erected over a pre-existing Hindu temple. The Gyanvapi Mosque, which is in Varanasi, Uttar Pradesh, is said to have been constructed following the demolition of a Hindu temple….
Nektar Therapeutics, a biotech company developing atopic dermatitis drugs, has filed a lawsuit against former partner Eli Lilly. Nektar alleges that Lilly miscalculated clinical data for their jointly developed drug, rezpegaldesleukin (rezpeg), leading to its perceived failure and subsequent discontinuation. The complaint was lodged in the federal court for the Northern District of California. Nektar…
In an era where remote work is increasingly prevalent, companies’ litigation hold strategies are being tested. A case that throws this issue into stark relief is the recent incident involving tech giant Google and accusations of casual attitudes toward litigation hold. The story unfolds with U.S. District Judge James Donato criticizing Google’s practices regarding chat…
In recent news, the issuance of new cannabis retail licenses in New York has been halted yet again by a court order, casting further uncertainties for those seeking to enter the burgeoning market. An unexpected temporary restraining order was handed down by New York Supreme Court Justice Kevin Bryant. This decision was precipitated by a…
In a competitive business landscape, the art of staying ahead often folds into the legal realm. Corporations and law firms the world over are increasingly finding themselves drawn to the complexities of unfair competition litigation. This paradigm has become more evident in the era of the “great resignation.” As originally reported on Arkansas Business by…
Food waste recycling company, California Safe Soil LLC, is pursuing a motion to dismiss or stay the Chapter 11 case for KDC Agribusiness LLC in front of a Delaware bankruptcy judge. They have voiced suspicions that the filing could be a strategy used by KDC Agribusiness to sidestep a Court of Chancery trial. The trial,…
Sony has recently appealed to the Federal Circuit to compel a Texas federal judge to relocate a lawsuit to California. The lawsuit accuses Sony of infringing multiple patents through its PlayStation 4 console. According to Sony, the relocation is justified because the patent owner does not operate in Texas. The case arose from a patent…