In a challenging twist for legal professionals, a case of unanswered Requests for Admission is becoming an alarming reality, mirroring a nightmarish scenario straight out of a horror movie. According to a recent report by jd Supra, this eerie tale highlights an oft-forgotten aspect of civil procedure. Imagine legal practitioners facing a dreaded whisper echoing…
The No Surprises Act (NSA) was enacted by Congress in 2020 with an intention to minimize surprising medical bills and to facilitate a swift and straightforward procedure for out-of-network healthcare providers to receive payment from insurers. Despite this, the U.S. Department of Health and Human Services (HHS) and other agencies created regulations to regulate this…
In the world of class actions, distinct variations occur around the globe. These collective litigation procedures have been instrumental within the United States for decades, but their prevalence elsewhere varies greatly. Major legal players in the global arena, such as the European Union, approach class action litigation differently. Even within the United States, the landscape…
In light of a dynamic and increasingly complex regulatory landscape, it is essential for corporations to conduct internal audits of their human resources practices. These audits serve a double purpose: mitigating potential liabilities and proactively implementing corrective measures for identified areas of exposure. This approach to risk management in human resources was elaborately discussed in…
In the closing installment of this three-part series, we cover the ongoing evolution around the management and defense of “junk fees” litigation under the purview of the Biden Administration’s cooperative efforts with the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). To recap the exposition we provided in our previous piece on this…
In an unpublished decision, the U.S. Court of Appeals for the Ninth Circuit recently held that a plaintiff did not have a cause of action under the Telephone Consumer Protection Act (TCPA) where the phone number used was the subject of twelve TCPA cases filed over a 12-month period. It was found that this phone…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
In a noteworthy instance of patent law, the Patent Trial and Appeal Board (PTAB) has denied an institution petition from Mercedes Benz USA, disputing the filing date of a challenged patent held by Westport Fuel Systems Canada Inc. The case in question, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc, Case IPR2023-00351, unfolded earlier…
Recently, a heightened level of focus has been designated to the legal niche of trade secrets, particularly regarding their bespoke ‘independent economic value’. This trait has long been a staple feature of what constitutes a ‘trade secret’. Simply put, for proprietary information to attain the status of a ‘trade secret’, it must articulate economic value…
Whether taking a deposition in person or remotely, maintaining an unambiguous record is an essential tool for use at trial, possible settlement, and/or impeachment. This has been reaffirmed in a recent article that compiled the top tips for creating a clear record, polling hundreds of court reporters with thousands of reporting hours under their belts….
The District of New Jersey, a prominent venue for many corporate legal battles, has recently received 13 additional cases concerning insulin price fixing, a sign that the contentious issue continues to attract legal scrutiny. As one may gather from the recent article from Law.com, these cases have been handed over to a federal judge who…
In a unanimous ruling by the Supreme Court on June 1, 2023, a notable change in False Claims Act (FCA) litigation has been established. The landmark decision from two consolidated cases, U.S. ex rel. Proctor v. Safeway Inc. and U.S. ex rel. Schutte et al. v. SuperValu Inc., has set a new standard — now…
The ongoing patent battle over Apple Watch could potentially transform the role of the U.S. International Trade Commission (ITC), according to Apple Inc. The technology giant has recently expressed its concerns to the Federal Circuit regarding the ITC’s decision to ban the importation of Apple Watches due to patent infringement claims. In response to the…
A recent report reveals that U.S. District Judge Rodney Gilstrap has declared a pause on all deadlines relating to the ongoing dispute between the California Institute of Technology and electronics conglomerate Samsung. On Tuesday, Caltech and Samsung informed the court that they are on the verge of signing a settlement agreement, intended to resolve the…
As an increasing concern in today’s digital age, data security breaches continue to pose major threats to corporations worldwide. The most recent casualty is Mutual of Omaha Rx, a subsidiary of Omaha Health Insurance Company (“OHIC”), itself a division of Mutual of Omaha. OHIC reported a data breach involving sensitive member information to the Attorney…
The Trademark Trial and Appeal Board (TTAB) has determined that a cap exists on the number of counterarguments permitted in response to expert reports. This resolution is a recent occurrence in a trademark case initiated by Monster Energy. The energy drink behemoth is opposing a fitness equipment manufacturer’s attempt to register the term “Monster Lite”…
The legal counsel representing students and their families in a class-action lawsuit against the Fairfax County schools and the Virginia Department of Education (DOE) are gearing up to appeal a district court’s dismissal. The dismissal is based on a new precedent set by the U.S. Supreme Court. Concurrently, these representatives are calling for an investigation…
Recent developments have emerged concerning amendments to the Colorado Equal Pay for Equal Work Act (the “Act”). These alterations will take effect as of January 1, 2024 (the “2024 Amendments”) and are being monitored closely by legal professionals worldwide, particularly those serving in the corporate sector. The Colorado Department of Labor and Employment (“CDLE”) is…
In continuing with their expansion plans on the West Coast, Duane Morris LLP recently announced a new addition to their team. They are adding a seasoned white-collar lawyer and Intellectual Property (IP) attorney to their San Francisco team, reinforcing their litigation capability in the region. The attorney, formerly associated with DLA Piper, is set to…
In a recent legal development pertaining to distributor relationships, the Ninth Circuit has made a significant ruling. The court has permitted suppliers and manufacturers in Washington to contractually agree on termination of distributor relationship without cause, and also puts a limit to remedies for such termination. Details of this ruling emerge from the case of…
The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and the United States Army, Pine Bluff Arsenal (U.S.) have reportedly entered into a Consent Administrative Order (CAO) as of July 13. This action is specifically in response to issues arising from dense nonaqueous phase liquid (DNAPL) contamination. The Consent Administrative Order…
In an intriguing development, the Ninth Circuit presents a decision surrounding a question that is steadily gaining significance in a post-pandemic legal environment. The court establishes that Rule 45(c) of the Federal Rules of Civil Procedure, which implements a 100-mile limitation, also pertains to remote testimonies. This decision is particularly relevant to a legal industry,…
Evidence before a Minnesota federal court this week revealed that food distribution giant, Sysco, and legal investment firm, Burford Capital, settled a dispute over control of settlement approval. However, this dispute has been dismissed as irrelevant to a request to replace the plaintiff in a pork price-fixing lawsuit with a Burford-affiliated entity. As Law360 reports,…
The US Securities and Exchange Commission (SEC) has recently adopted new regulations mandating public companies to disclose substantial cybersecurity incidents on Form 8-K within four working days of ascertaining the materiality of such an event. The jurisdiction of the SEC also demands companies to elaborate routinely on their methods for assessing, pinpointing, and managing significant…
In a seeming turn of events, two island communities on the East Coast, Nantucket and Martha’s Vineyard, are witnessing what appears to be the end of lawsuits characterised by ‘Not In My Backyard’ or NIMBY attitudes. Residents of Nantucket had initiated a lawsuit to block the operation of a local fried clam and soft serve…