• February 09, 2024

    US Gun Cos. Will Ask Justices To Toss Mexico Trafficking Suit

    Smith & Wesson, Glock, Baretta and other gun companies said during a hearing Friday that they will turn to the U.S. Supreme Court after the First Circuit revived a suit by the Mexican government that seeks to hold the firearms industry responsible for thousands of trafficked weapons.

  • February 08, 2024

    Judge Drops Claim From Biotech Ex-VP's Incentive Pay Suit

    A Pennsylvania federal judge on Thursday trimmed a breach-of-contract claim from a biotech executive's lawsuit, but preserved the bulk of the complaint, which accuses CSL Behring of firing him to avoid having to pay him an incentive of up to $3 million for staying with CSL following an acquisition.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    Monsanto Fights $2.25B Verdict After Philly Roundup Trial

    Monsanto is fighting a Philadelphia jury's explosive $2.25 billion rebuke of its Roundup weedkiller in a cancer lawsuit, claiming that the judge overseeing the case made a strong string of unfair rulings such as allowing "inflammatory" testimony and "abusive" cross-examination.

  • February 08, 2024

    Ex-Schnader Harrison Atty Alleges Firm Mishandled Funds

    A former partner of now-shuttered Schnader Harrison Segal & Lewis LLP has accused the firm of mismanaging funds deducted from employee pay by failing to deposit them into a retirement plan, according to a putative class action in Pennsylvania federal court.

  • February 08, 2024

    Justices Rule Gov't Agencies Not Immune From FCRA Suits

    The U.S. Supreme Court ruled Thursday that a person can sue a government agency under the Fair Credit Reporting Act, because the law's 1970 definition of a "person" was sufficient to waive the government's immunity.

  • February 07, 2024

    Ex-Fintech Exec Convicted Of Crypto Manipulation Conspiracy

    The former head of financial engineering at fintech company Hydrogen Technology Corp. was convicted by a Florida federal jury Wednesday of conspiring to manipulate the market for Hydrogen's digital assets.

  • February 07, 2024

    6th Circ. Won't Rehear Fight Over FERC's Price-Cap Rule

    The Sixth Circuit on Wednesday declined to rehear its December price cap ruling that power supplier groups said is being misconstrued by the Federal Energy Regulatory Commission to argue that the D.C. Circuit's ability to act on related litigation is limited.

  • February 07, 2024

    Philly Flyers Trainers Dodge Arbitration In Zamboni Cancer Suit

    The Pennsylvania Superior Court has ruled that two Philadelphia Flyers athletic trainers suing the owner of the team's training center for blood cancer related to Zamboni chemical emissions can pursue a jury trial since their employment agreement's arbitration clause only deals with employment-related disputes.

  • February 07, 2024

    3rd Circ. Says Bankruptcy Claim Didn't Break Small Loan Law

    The Third Circuit said Wednesday that a debt collector didn't violate a law prohibiting extortionate rates on small loans by seeking to collect the balance of a man's debts through a claim in his bankruptcy after it had been written off by his original lender.

  • February 07, 2024

    GOP Sens. Probe 3rd Circ. Pick's Ties To Rutgers Program

    Republicans on the Senate Judiciary Committee are looking into a Rutgers Law School program at the center of their objections to the president's nominee for the Third Circuit, who would be the first Muslim federal appeals court judge if confirmed.

  • February 07, 2024

    Penn State Health To Pay $11.7M To US Over Improper Billing

    A central Pennsylvania healthcare system will pay nearly $12 million for submitting claims to Medicare for yearly wellness visits that violated the federal health insurance program's rules and regulations, the U.S. Attorney's Office for the Middle District of Pennsylvania announced Wednesday.

  • February 07, 2024

    Perrier Bubbles Don't Burst Tax Barrier, Pa. Court Told

    The fizziness in Perrier bottled water is naturally occurring and should put the product in the same nontaxable category as still water under Pennsylvania's tax code, an attorney for a Pennsylvania Sheetz customer told the state's Commonwealth Court on Wednesday.

  • February 06, 2024

    3rd Circ. Frees Coast Guard From Suit Over Rescue Attempt

    The U.S. can't be held civilly liable for the drowning death of a conch fisherman, the Third Circuit ruled Tuesday, saying the seaman's estate could only maintain claims if the U.S. Coast Guard's rescue mission had actually put the man in more danger.

  • February 06, 2024

    Staffing Firm To Exit Pa. Nurse's Wage Action

    One of two staffing firms accused of shorting Pennsylvania nurses for their overtime work will exit a proposed class action, as a nurse informed a Pennsylvania federal court that she had agreed to arbitrate her claims against the company.

  • February 06, 2024

    Building Supplier Says Canceled Contract Imperils $5.3M In Deals

    Despite a 12-year business relationship, a Connecticut-based construction supplier on Tuesday accused a Pennsylvania-headquartered waterproofing products producer in federal court of suddenly canceling a preferred distributor contract, leaving the supplier holding the bag on 21 ongoing projects, 39 open bids totaling $1.5 million, and outstanding quotes of $3.8 million.

  • February 06, 2024

    McDonald's Franchisee Settles Sex Assault Lawsuit For $4.4M

    A bankrupt McDonald's franchisee will pay $4.35 million to end a lawsuit from the family of a 14-year-old worker raped by a manager who had previously been convicted of sexually assaulting a child, according to a petition to approve the deal in Pennsylvania state court.

  • February 06, 2024

    Pa. Courts' Site Mostly Back Online Amid 'Battle' With Hackers

    The Pennsylvania courts' website remains in "a virtual battle with an unknown opponent" as portions of the state's online court systems have been restored as of Tuesday afternoon following a cyberattack that started over the weekend, according to an update from the state supreme court's chief justice.

  • February 06, 2024

    Saul Ewing Minn. Partner Named Transactional Dept. Chair

    A former managing partner of Saul Ewing LLP's Minneapolis office will oversee more than 200 attorneys as the new chair of the Philadelphia-headquartered firm's transactional department.

  • February 05, 2024

    Caterpillar Gets Tweaks To Antitrust Suit Blocked

    A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.

  • February 05, 2024

    Lowe's Drops Appeal After $1.5M Faulty-Roof Settlement

    Lowe's Home Centers and a Philadelphia woman will drop their appeals after reaching a $1.5 million settlement over claims that the company improperly denied warranty repairs after an affiliated contractor allegedly botched a $9,500 roof installation, court records showed.

  • February 05, 2024

    Norfolk Southern Slams Investors' Fraud Suit Over Derailment

    Norfolk Southern has asked a New York federal court to dump proposed class allegations that it misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to last year's fiery derailment in East Palestine, Ohio.

  • February 05, 2024

    Ozempic Injury Suits Consolidated In Eastern Pa. MDL

    The Judicial Panel on Multidistrict Litigation has moved 55 MDL cases over Ozempic and similar drugs to the Eastern District of Pennsylvania, centralizing the litigation that claims Novo Nordisk A/S and Eli Lilly & Co. failed to warn patients about the risks associated with the class of drug.

  • February 05, 2024

    Audacy Abandons BMI Merger Suit With $25.4M Stock Deal

    Audacy Inc. has agreed to drop a potential shareholder lawsuit over performing rights company Broadcast Music Inc.'s sale to an investor group in exchange for at least $25.4 million in stock under a settlement approved by a Texas bankruptcy judge on Monday.

Expert Analysis

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait

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    A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

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