Across the globe, construction contracts commonly include specific provisions allowing for predetermined or “liquidated” damages in case of a contract breach. These provisions can arm the contracting parties with some level of certainty regarding potential repercussions of a contract breach and may ease the process of demonstrating damages during a court proceeding. In an intriguing…
In recent times, a surge of regulatory news has highlighted key areas where decisions of state and federal regulators are having an immense influence all across the United States, as listed in the State Attorney General (AG) Report for September 7, 2023. The following are some of the notable occurrences: Google recently attained an agreement…
In recent corporate legal news, two major developments have caught the spotlight. Firstly, The Kroger Co., an Ohio-based grocery store and pharmacy, has made history by becoming the first within its sector to settle claims surrounding its alleged contribution to the opioid crisis. This decision sets a precedent within the regional grocery and pharmaceutical retail…
In a proactive turn of events regarding counterfeit online reviews, the Federal Trade Commission (FTC) and six state attorneys general coordinated efforts to resolve an enforcement case against Roomster, a renowned apartment listing platform. The action comes on the heels of the agency spotlighting deceptive online reviews and endorsements in its recent guidance on the…
The recent amendment to the Economic Crime and Corporate Transparency Bill now includes the offense of failure to prevent fraud. This legislative change indicates a critical turning point in corporate law, suggesting that organizations will now face liability for specified fraud offenses committed by their employees or agents for the organization’s benefit if adequate fraud…
This summer, several legal professionals have expressed concerns about work-life integration amidst childcare challenges. Views have been vocalized suggesting a perceived regression in the legal sector’s approach, leaving many juggling familial responsibilities and demanding work schedules. Awards and Innovations: Amidst these concerns, the legal industry continues to recognize and celebrate achievement, excellence, and innovation. The…
In a competitive landscape where efficiency and technological advancemet are becoming increasingly important for the optimization of legal operations, law firms are turning to a new tool: AI-powered chatbots. According to a recent report on Law.com, these cutting-edge AI chatbots are creating a shift in the legal profession. The detailed analysis reveals how more law…
In a recent precedential opinion, the Federal Circuit reviewed the case of VOLVO PENTA v. BRUNSWICK CORP, casting a spotlight on the importance of balanced and fair arguments when it comes to defending patent owner’s rights. The court’s decision can contribute significantly in shaping the patent domain’s future landscape. The Court, with judges Moore, Lourie,…
Fulton County District Attorney Fani Willis made it known that she will not back down to opposition from Representative Jim Jordan. On August 24, Jordan, the House Judiciary Committee chair, voiced his skepticism towards Willis’s motivation for indicting President Donald Trump and 18 co-conspirators for their attempts to disrupt the 2020 presidential election process in…
The legal saga that unfolded around the case of Kennedy v. Bremerton, where a high school football coach argued his religious belief obligated him to pray in a public display, may have concluded in a somewhat unexpected fashion. In a move that’s raised more than a few eyebrows, the coach at the center of the…
In a recent ruling, the Federal Circuit took a novel stance that has jolted the patent law landscape, specifically the strategy surrounding terminal disclaimers. In the case titled In re Cellect, a series of patents were invalidated based on obviousness-type double-patenting (ODP). The ruling found that term-adjusted patents (PTA) in the same family are invalid…
In a surprising move, Ohio is set to eliminate the Ohio Board of Pharmacy’s (BoP) regulation over office-based opioid treatment (OBOT) clinics. Ohio law currently prescribes that any clinic providing treatment for opioid dependence or addiction to more than 30 individuals, using a controlled substance like Suboxone or Subutex, must possess a Terminal Distributor of…
In a critical decision on September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law. The legislation acts to prohibit employers from entering into or attempting to enforce noncompete agreements, arrangements which will henceforth be void under state law. The law is scheduled to come into effect on January 1, 2024….
In a recent development concerning Pennsylvania’s Statute of Repose, the superior court has finally provided clarity to a long-standing ambiguity in the statute’s wording. The unpublished opinion, handed down on August 31, 2023, will have substantial implications for legal professionals, especially for those involved in civil proceedings linked to the construction industry. Under the previous…
In the recent issue of The Site Report – Construction Law Insights, the surge in solar energy related projects in North Carolina has been spotlighted, with a special focus on construction law insights concerning the installation of solar panel systems. The article points out the increase in reliance on renewable energy sources to mitigate carbon…
In a recent development, popular musician Lizzo has found herself at the center of a lawsuit where three of her backup dancers have filed allegations against her, her tour company, Big Grrrl Big Touring Inc., and her dance team captain. This lawsuit has been filed in the Los Angeles Superior Court. The claims here revolve…
The development of international green hydrogen projects continues to face an array of challenges in the European Union due to regulatory hurdles. Green hydrogen and derivative fuels such as ammonia, e-methanol and e-NG came into the spotlight in June 2023 when the EU rules defining these became binding law. This development was expounded upon in…
In a projected seminar titled ‘Building Resiliency Into the Construction Industry’, the focus has been set on resilience in the construction industry, particularly in the context of South Florida. The seminar is scheduled for September 7th, in Miami, FL. To delve a little deeper, resilience in this industry typically refers to a building’s or infrastructure…
At a time when generative artificial intelligence (AI) lawsuits are becoming more common, legal technology providers and in-house legal teams are starting to take notice. As these lawsuits continue, various industry insights are arising that could prove useful for these firms and departments. One of these insights is the crucial understanding that legal technology and…
Recently, there have been insightful developments on the consumer understanding of arbitration clauses given by Professor Jeff Sovern, who specifically discussed the FTC’s June 2023 revisions to its Endorsement Guide. Sovern’s blog spotlighted the FTC’s new definition of “clear and conspicuous” – a significant change that has a broad impact on the advertising industry. As…
In a recent decision that diverges from a half-century of precedent, the National Labor Relations Board (NLRB or Board) has altered the landscape of union certification elections. The NLRB’s Cemex decision on August 25, 2023 marks a significant shift away from secret-ballot elections as the preferred method of union certification. In the Cemex decision, the…
As the modern world increasingly adopts Artificial Intelligence (AI) tools in various businesses, an important issue comes under the spotlight: data privacy. Privacy protection has become a crucial concern in the realm of AI. To create AI tools that uphold the sanctity of users’ privacy is indeed a significant challenge. However, it also offers a…
JD Supra, a popular platform for the latest legal authorship, recently spotlighted some of their most widely read updates, analysis, and commentary during August 2023 in a post, providing a recap for legal professionals and enthusiasts alike. The legal updates covered a broad range of topics with special emphasis on corporate law, intellectual property rights,…
In what could be seen as a considerable revitalization in the field of business disputes, accounting claims seem to be coming back into the spotlight. An article initially published on JD Supra, expounded on this trend. The equitable accounting cause of action raised considerable interest at the onset of the previous year. Despite its potential…
The executives of Lundin Oil, now known as Orrön Energy, Ian Lundin and Alex Schneiter, began their criminal trial for alleged war crimes in Sudan on Tuesday. The allegations mark the start of a landmark trial that spotlights corporate accountability for alleged war crimes. Dating back to the company’s operations in Sudan from 1999 to…