Litigation

California Noncompete Agreements: Navigating the Shift in State Law and Its Implications on Employment Practices

Pieter Gunst04 mins

As the throws of competition pave the path for business advancements, the matter of noncompete agreements often hurdles into the spotlight. In the state of California, the general prohibition against noncompete agreements, barring unique exceptions, had been unwavering until recently. Under California Business and Professions Code (Code) Section 16600, employers were generally proscribed from entering…

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Employment Litigation Insights: Non-compete Clauses, Advisor Mobility, and Legal Challenges in September 2023

Pieter Gunst03 mins

In the employment litigation world, September 2023 proved to be a month filled with noteworthy developments. The central themes for the month ranged from enjoining competitive employment and advisor mobility to reverse discrimination and the low bar for retaliation. Further, the litigating “Cause” also garnered attention. In one of the significant rulings of the month,…

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Debtor Payment Disputes in Diamond Sports Group Bankruptcy: MLB Telecast Fees Case Sparks Controversy

Pieter Gunst03 mins

In the high-stakes game of bankruptcy, it appears that Diamond Sports Group (DSG) has not been successfully swinging for the fences. This observation arises from a U.S. bankruptcy case, which scrutinizes whether a debtor can pay something less than the full contract rate while still requiring the counterparty to fully perform its obligations pending assumption…

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Efforts to Increase Healthcare Price Transparency in US House Committees: Impact and Legal Implications

Pieter Gunst03 mins

In the 118th Congress, the US House of Representatives is engaged in the critical issue of healthcare price transparency. Three key House committees—Energy and Commerce, Ways and Means, and Education and the Workforce—have each approved unique legislation purposed toward advancing price transparency objectives. The primary aim of these legislative pieces is to formally recognize (and…

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AstraZeneca Faces Lawsuit Over Bonus Reduction Linked to Return-to-Office Policy Compliance

Pieter Gunst02 mins

Pharmaceutical giant AstraZeneca finds itself in legal hot water, as it stands accused of wrongfully reducing an employee’s bonus by $65,000 due to the said employee’s non-compliance with their return-to-office policy. The complaint was originally brought to light by Law.com Radar. While the specifics of the case remain undisclosed, it raises intriguing questions about company…

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Johnson & Johnson VP Defends ‘Texas Two-Step’ as Key to Talc Claim Payouts in Senate Hearing

Pieter Gunst02 mins

Johnson & Johnson’s VP of Litigation recently testified before the U.S. Senate Judiciary Committee, emphasizing on the so-called ‘Texas Two-Step’ as the optimal resolution approach to claims for talc-related payouts. The controversial strategy involves a complicated combination of legal and corporate maneuvers, which have been criticized for potential misuse of bankruptcy protections. The ‘Texas Two-Step’,…

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European Commission Targets Corporate Tax Harmonization with Transfer Pricing Directive

Pieter Gunst02 mins

In a concerted effort to streamline corporate taxation, the European Commission has set its sights on harmonising Transfer Pricing (TP) across the European Union with the introduction of a new directive. Aimed at increasing tax certainty, reducing compliance costs, and mitigating the risk of double taxation and litigation, the TP Directive is poised to change…

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Fourth Circuit Court Shifts Precedent: Attorney’s Fees Allowable for Preliminary Injunctions

Pieter Gunst03 mins

In a significant shift from precedent, the Fourth Circuit Court now permits the awarding of attorney’s fees for some preliminary injunctions. In the past, this court held firm that plaintiffs securing a preliminary injunction were not considered “prevailing parties” for the purpose of recovering these fees. As such, this ruling opens a new avenue in…

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Navigating Legal Complexities of AI in Europe: Data Protection, IP, and Cybersecurity Challenges

Pieter Gunst02 mins

With the rapid evolution in artificial intelligence (AI), organizations particularly based in Europe, face an increasingly challenging legal landscape. The intersection of AI with aspects of Intellectual Property (IP), data protection and regulation forms new horizons of potential litigation. In order to harness the real benefits of AI, organizations need to map a careful path,…

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Kentucky Court Issues Injunction on CFPB’s 1071 Rule, Intensifying Challenges for Financial Institutions

Pieter Gunst04 mins

In a fresh development, a federal district court in Kentucky has granted a preliminary injunction preventing the Consumer Financial Protection Bureau (CFPB) from implementing the small business data collection and reporting rule, commonly referred to as the 1071 rule. This is based on the Dodd-Frank section necessitating the rule (the “Rule”). The information from the…

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Chancery Lane Project Unveils Climate Clauses for U.S. Contracts to Mitigate Legal Risks

Pieter Gunst02 mins

The Chancery Lane Project, a non-profit committed to addressing climate change through legal practice, announced on Tuesday that it will release a set of climate clauses specifically for use in contracts within the United States. These clauses can be used by attorneys and businesses without any copyright restrictions. The pack will contain around ten clauses…

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Cryptocurrency Leaders FTX and Alameda Research Sue Founder’s Parents Over Multi-Million Dollar Fraud

Pieter Gunst02 mins

In a significant development in the financial world, cryptocurrency exchange FTX Trading Ltd. and quantitative cryptocurrency trading firm Alameda Research LLC have instigated legal action against the parents of their joint-founder, Sam Bankman-Fried. The lawsuit alleges that the couple fraudulently gained multiple million dollars worth of assets from their son. This litigation eventuates as part…

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CFPB Considers Banning Pre-Dispute Arbitration Clauses in Consumer Contracts

Pieter Gunst03 mins

The Consumer Financial Protection Bureau (CFPB) has swiftly and positively responded to a recent petition by consumer advocacy groups proposing a ban on pre-dispute arbitration clauses within consumer contracts. This news follows after these organizations submitted a Petition for Rulemaking to the CFPB last week. The petition argues against the use of these clauses which…

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Tiger King Tattoo Ruling Highlights Complex Landscape of Intellectual Property Law

Pieter Gunst01 mins

In a recent verdict, a federal judge ruled that Netflix’s use of a distinctive tattoo image, prominently featured in the hit documentary series ‘Tiger King,’ does not amount to copyright infringement. This judgement comes as a significant legal development within the complex landscape of intellectual property law, underlining the rigidity of the current statutes and…

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Data Breach Class Action Waivers Face Scrutiny After Fourth Circuit’s Marriott Ruling

Pieter Gunst03 mins

In a meaningful development for corporate law professionals, the Fourth Circuit, on August 18, 2023, decertified nearly 20 million putative class action claims originating from a 2018 data breach involving Marriot Hotels. The decision reversed the district court’s certification, requiring the latter to determine from square one if all the supposed plaintiffs had, in effect,…

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State Department Announces Expiration Date for Pre-October MRV Fee Receipts: Impact on Visa Applications and Global Operations

Pieter Gunst02 mins

In an important update, the U.S. Department of State announced that all receipts for payment of Machine-Readable Visa (MRV) fees, issued before October 1, 2022, will expire on September 30, 2023. This declaration has potential implications for legal professionals and global corporations employing foreign nationals, as it directly impacts the visa application and processing timelines….

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New York Outlaws Captive Audience Meetings, Strengthening Employee Rights

Pieter Gunst02 mins

In a promising move geared towards safeguarding employee rights, the state of New York has outlawed “captive audience” meetings. This comes as a significant disruptive development to the conventional methodologies utilized by corporations, as employers are no longer permitted to punish workers who choose not to participate in these mandatory meetings. Notably, these captive audience…

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SEC Supply Chain Climate Disclosure Proposal Faces Potential Amendments Amid Compliance Concerns

Pieter Gunst01 mins

The U.S. Securities and Exchange Commission’s (SEC) recent supply chain climate disclosure proposal may undergo significant amendments, according to securities attorneys. In a recent report by the National Law Journal, experts have expressed concerns about the practical challenges and financial burden associated with compliance. The opposition to the proposal is largely focused on its potential…

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Colorado Supreme Court Upholds Litigation Privilege for Attorney Press Statements in Class Action Case

Pieter Gunst03 mins

In a recent decision, the Colorado Supreme Court ruled in favor of two law firms, Killmer, Lane & Newman and Towards Justice, and attorney Mari Newman, emphasizing that their public comments made regarding an ongoing class action lawsuit were protected by litigation privilege. This case was centered around a class action claim lodged on behalf…

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Navigating Complex Construction Litigation: The Role of Tech Savviness and E-Discovery Solutions

Pieter Gunst02 mins

When it comes to arduous discovery in construction litigation, improving technological savviness may be key. Alex Thrasher, a litigation associate in the construction practice of Bradley Arant Boult Cummings, alongside Paige Hunt, the Vice President of global discovery solutions at Lighthouse, emphasize the importance of embracing technology to navigate complex construction project litigations. Thrasher, based…

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