In a significant ruling on July 28, 2023, the Michigan Supreme Court diminished the commonplace application of the ‘open and obvious doctrine’ in premises liability claim cases. Two prominent cases sparked this modification in the interpretation and application of premises liability law in Michigan. These cases, Kandil-Elsayed v. F & E Oil, Inc., and Pinski…
As society continues to increasingly adopt generative AI, new products designed with the express purpose of aiding lawyers in their daily work are launching in the market. These developments are of particular interest to those working within the personal injury bar. This article from The Legal Intelligencer provides an in-depth view of this recent development….
On June 21, 2023, the New York State Department of Labor (NYS DOL) implemented changes to its Worker Adjustment and Retraining Act (NY WARN) regulations. These laws, like their federal equivalents, mandate businesses to preemptively notify the Commissioner of Labor and relevant employees about impending closures and layoffs. Full details can be found here. It’s…
It’s a scenario that’s becoming all too common in the corporate world. A class action lawsuit gets filed, in this case, against Anheuser-Busch, accusing the company of a host of violations against California’s wage and hour laws. This begs the question, “Why is this garnering attention given that countless such lawsuits are filed on an…
For both local and multinational corporations, nuanced legal regulations surrounding business practices and stock market behaviors can be challenging to navigate. A prime example of such a regulation surrounds the complexities of reverse stock splits in California, a subject that has garnered renewed attention in the market lately. In a recent blog post, legal commentator…
On August 2, 2023, a significant shift in labor regulation occurred as the National Labor Relations Board (NLRB) issued an anticipated ruling in the Stericycle, Inc. case. This new decision effectively reverses the Trump-era Boeing decision, altering how workplace rules balance with employees’ legal rights to engage in “protected concerted activity.” This refers to section…
In an insightful discussion, Troutman Pepper White Collar and Legal Partner Cal Stein recently touched upon the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) with regards to enforcing and collecting foreign arbitration awards. This conversation unfolds amidst a backdrop of increasing relevance and complexity in cross-border business and legal matters, warranting an…
Norton Rose Fulbright South Africa (NRFSA) made a substantial change to its organizational hierarchy with the announcement of its new CEO, Brent Botha. Known for his expertise in corporate and commercial litigation, Botha is set to step into his new role starting October 1. Botha, who is the leader of the firm’s disputes practice group,…
A federal judge in California has halted a Los Angeles tattoo ink dealer from selling ink bottles, amidst claims that the products bear too much resemblance to those of a New Jersey company. The dealer, who is the purveyor of the “Xtreme Ink” brand, has been criticized by the court for not mounting a stronger…
In a recent development in the world of patent litigation, camera manufacturer GoPro Inc. managed to quash the effort for a retrial over a high-stakes patent infringement lawsuit. The dispute was raised by an inventor who insisted that he was the first to initiate the concept of taking 360-degree photographs. The lawsuit, presided over by…
An Australian company was recently awarded nearly $8.5 million by a Colorado federal judge for a startup’s ‘flagrant’ theft of intellectual property. The conflict arose over the ownership of a patented air conditioning technology. Not only did the startup continue to market the product as its own throughout the litigation, but it also attempted to…
In the ever-shifting landscape of corporate law, the question of disclosure remains as pertinent as ever. Specifically, the quandary centers around this: Is it vital to document everything in corporate interactions or is discretion sometimes the better part of valor? The legal axiom demands full disclosure of all matter material and necessary in both prosecution…
In a recent legal development, the First Circuit Court of Appeals handed down a decision in Powers v. Receivables Performance Management, LLC, holding that a motion to reconsider an appealable interlocutory order denying a motion to compel arbitration is not appealable. This significant ruling is crucial for legal professionals and corporate entities involved in litigation…
The recent fee ruling issued by the Delaware Chancery Court in the Dell settlement case has sparked a wide range of responses amongst legal experts. In a noteworthy decision, the court awarded shareholder attorneys a fee of $266.7 million in relation to the $1 billion Dell settlement. This ruling is seen as a victory for…
In a recent patent lawsuit involving technology giant Apple and its South Korean competitor Samsung, Western District of Texas Judge Alan Albright demonstrated a contrasting decision in the courtroom. Significant to the legal professionals and corporations worldwide, this occurrence casts useful insights into the current justice system’s decision-making process with respect to patent suits. Apple…
Significant changes to the Delaware General Corporation Law that took effect on August 1, 2023, sees a reduction in the need for shareholder votes on some corporate matters. The alterations that have garnered the most attention are those affecting requirements for shareholder votes, particularly initiating a reverse stock split and changing the number of outstanding…
Welcome, esteemed legal professionals, to the 20th issue review of the so-called ‘Blockbuster Biologics’. As per usual, we take a deep dive into the most recent happenings in the world of biologics and biosimilars, with a particular focus on patent litigation and post-grant challenges. In the wake of the Biologics Price Competition and Innovation Act…
While the Supreme Court’s overruling of affirmative action and Biden’s student loan forgiveness cases certainly garnered a significant amount of media attention, a number of quieter cases may bear profound consequences for various facets of American life. The public health and environmental sectors anxiously await the implications of Sackett, while artists ponder how they will…
Legal matters revolving around E. Jean Carroll, author and plaintiff in a defamation trial against former President Donald Trump, continue to intensify. Carroll’s attorney, Roberta Kaplan of Kaplan Hecker & Fink, recently called a Manhattan federal judge to grant summary judgment on the merits in anticipation of the trial, relying on the argument that “no…
The United States Sugar Corp. may have ended its nearly $10 million legal battle against a proposed class action over toxic emissions from pre-harvest sugarcane burns, but the financial fallout is far from over. After seeking recoupment from its insurer for all incurred expenses related to the suits, a federal judge in Florida has ruled…
Legal professionals worldwide, particularly those working within educational institutions, need to be aware of the latest amendments and introductions to legislation that directly affect their operations. One such significant law is the Pregnant Workers Fairness Act, which went into effect on June 27, 2023. This recent legislation has a direct bearing on how schools, as…
The patent infringement case against biotechnology firm Pacific Biosciences of California Inc. has been moved from a Delaware federal court to California. According to the judgement, there were insufficient reasons to support maintaining the case proceedings in Delaware. Pacific Biosciences of California Inc., commonly known as PacBio, is a biotechnology company that’s profusely involved in…
In a recent opinion piece, renowned legal scholar David Levitt argues that the disclosure of third-party litigation funding should be made mandatory across all cases. This call to action comes on the back of the Appellate Rules Committee’s decision to defer the issue. Third-party litigation funding, wherein a third party unconnected to the lawsuit provides…
In a recent ruling that has sent ripples across the UK’s litigation funding industry, the UK Supreme Court declared that a large number of litigation funding agreements are in fact damages-based agreements (DBAs), and hence, are subject to comply with the relevant regulations. This ruling has caused concern among funders as they scramble to reassess…
In a significant decision made on 26 July 2023, the UK Supreme Court has made its stand clear on Litigation Funding Agreements (LFAs), holding them to be “damages-based agreements” (DBAs) under section 58AA of the Courts and Legal Services Act 1990. The case, R (on the application of PACCAR Inc and others) v Competition Appeal…