Amidst commercial turbulence, the issue of fiduciary litigation emerges at the heart of the bankruptcy saga of Bed Bath & Beyond, a well-known home goods retailer. The case revolves around the company’s 401(k) committee, charged with ensuring sensible management of their 401(k) plan, and the implications of its responsibility following the company filing for bankruptcy…
The October 2023 edition of McDermott’s Healthcare Regulatory Check-Up brings to light significant regulatory activities in the healthcare space, posing crucial implications for legal professionals in the sector. The newsletter discusses some critical enforcement actions involving violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS). False Claims Act is a federal law…
The Foreign Corrupt Practices Act (FCPA) enforcements concerning Tysers Insurance Brokers and H.W. Wood Limited have been notable in the legal world, revealing both longstanding and emerging tendencies in FCPA enforcement. The implications of these settlements are something every legal professional should mull over, providing a valuable lens into federal enforcement priorities. What drew weight…
The Healey-Driscoll Administration has recently come under the spotlight, particularly around their efforts to address the escalating issue of climate change. A noteworthy example of these efforts is the announcement of their new initiative known as the ResilientCoasts Initiative. Understandably, this initiative has garnered a significant amount of attention and raises critical debates on proactive…
The Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. is slated to hear key arguments on December 5. Arguments will revolve around the application of the federal Defend Trade Secrets Act (DTSA) for trade secrets that are taken overseas. This case poses to be the first instance where a U.S. Court of Appeals…
The federal trial of Carlos Orense Azocar (Orense) commenced this week, painting a complex picture of alleged ties between Venezuelan oil, military leaders, and a massive drug trafficking scheme targeting the United States. Orense, who faces accusations of shipping tens of thousands of kilograms of cocaine into the US, maintains his innocence against three counts…
In a significant development, the U.S. Patent and Trademark Office (USPTO) has called for inputs on the matter of protecting the genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of Indigenous People under the aegis of World Intellectual Property Organization (JD Supra). This exploratory move by USPTO puts a spotlight on the…
Renowned immigration advocate, Beth Henderson, recently sat down for an illuminating conversation in episode of Behind the Bio, shedding light on her unique career path and the poignant role she has played within Microsoft’s pro bono program. In the interview, confided about her initial journey as an immigration lawyer, leading up to the significant role…
The District Attorneys’ offices of San Francisco and Los Angeles have recently appealed to a Californian appellate panel, seeking a resurrection of their civil suit. As per their claim, the law firm Potter Handy LLP has been conducting deceptive practices, ensnaring thousands of businesses in factually unsupported disability rights lawsuits. They argue that the lower…
Singapore, a city-state known for its tropical weather and vibrant local culture, has been increasingly raking in under the spotlight of international law firms in the recent years. Notably, within the current year, seven law firms have announced new office launches in this budding legal hub, perhaps as a strategy to leverage on Singapore’s successful…
Medical panel referrals and determinations have been thrust into the spotlight in the realm of multi-defendant claims in Victoria, Australia. Historically, these decisions have carried weight primarily for public liability or medical negligence claims. Herein, the burden of proof rests on the injured plaintiff to demonstrate a ‘significant injury’ before being entitled to claim non-economic…
In a historically significant move, Alberta’s legislature invoked the Alberta Sovereignty Act on Monday as a means of positioning against Canada’s clean energy initiatives. The provincial legislature passed a resolution urging the Government to utilize “all legal means necessary” in opposition to the Federal Initiative’s implementation and enforcement within Alberta. The Federal Initiative in question…
As the legal landscape around mass and class disputes continues to evolve, the spotlight turns towards the U.S. approach to mass settlements. With total adjudication often appearing a far-off finish line in complex, mass-scale litigations, settlements emerge as a significant cog in the resolution process. Bryan Cave Leighton Paisner discusses the valuable lessons that the…
The 2023 Value-Based Care Conference, hosted by Nelson Mullins, became an essential gathering spotlighting the topic of implementing value-based strategies in the health sector. According to a review made available by Nelson Mullins Riley & Scarborough LLP, the annual event was once again staged on November 2, 2023, at the Tower Club in Fort Lauderdale…
As we delve into the intricate dynamics of healthcare organization leadership, the key role of an effective compliance program is becoming increasingly clear. Any successful healthcare organization stands upon this bedrock, where the trusted relationship between the Compliance Officer and CEO is often integral to success. This dynamic and invaluable partnership is under the spotlight…
Los Angeles and San Francisco are embroiled in a legal dispute revolving around a law firm that has allegedly been targeting small businesses with boilerplate ‘shakedown’ suits. The cities claim that these suits are dressed up as disability access cases and are looking to a state appeals court to help fight back. The target of…
The holiday season always brings a hive of activity to the retail sector, with stores often staying open longer to accommodate increased shopping traffic. Consequently, this period can be particularly challenging for retail workers who have to manage bigger crowds and customers who are more tense than usual. With that in mind, retail employers need…
The Office of Inspector General (OIG) issued a consumer alert on November 22, 2023, bringing to fore a fraud scheme revolving around monthly billing for remote patient monitoring (RPM). This unexpected disclosure, made while many were busy with Thanksgiving holiday preparations, shines the spotlight on an issue that has been slowly escalating. What makes this…
In a recent high-profile case centered around celebrated singer Aretha Franklin’s estate, a Michigan jury found a handwritten note penned by the singer in 2014 to be legally valid as a will. According to reports, the note was discovered beneath sofa cushions in Franklin’s home. The jury concluded that the singer intended this 2014 document…
The legal landscape regarding employee leave is set for a significant shift in the coming years, with new and expanded employer obligations on the horizon. Spotlighted in this transformation is the city of Chicago, where the new Paid Leave and Paid Sick and Safe Leave Ordinance will come into effect on December 31, 2023. This…
The Securities and Exchange Commission (SEC) in the United States of America recently initiated an enforcement action related to the EB-5 Immigrant Investor Program (EB-5 Program). The program allows foreign investors to secure permanent residency in the U.S in exchange for making a significant investment in a new U.S-based commercial enterprise. This action is required…
This week in legal news begins with a pending Supreme Court decision on the sanctity of verdicts. The question before the court is if verdicts are indeed resolute, a seemingly settled matter presenting unusual difficulties for this Court. Further insight into the ongoing case is available in an article on Balls and Strikes. In another…
Financial reporting regulations designed to combat tax evasion have underscored the pivotal role of precise planning for global US taxpayers. This fact has been particularly accentuated with regards to ‘Report of Foreign Bank and Financial Accounts’ (FBAR) rules. Arielle Tucker of Connected Financial Planning has elucidated this further in a recent article. This year, a…
As legal professionals working in healthcare, the week of November 27, 2023, demands notable attention for various reasons. Emerging from the Thanksgiving break, Congress is reenergizing its efforts to move important priority items forward. While the spotlight is primarily on non-healthcare-related matters such as Israel’s funding, Ukraine’s funding, and passing the annual defense authorization bill…
In an era where legal battles are becoming increasingly onerous, expensive, and time-consuming, the art of guiding the mediation process is becoming more and more invaluable within the legal profession. A recent discussion by JAMS places a spotlight on these escalating trends and offers key insights into the complexities of this peaceful dispute resolution mechanism….