On September 4, 2024, Judge John Murphy of the U.S. District Court for the Eastern District of Pennsylvania dismissed on jurisdictional grounds the first post-Jarkesy constitutional challenge to FINRA’s disciplinary proceedings…
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/ Administrative Law, Civil Remedies, Constitutional Law, Securities Law
On September 9, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the U.S. District Court for the Northern District of California’s decision finding asserted claims invalid under 35 U.S.C. § 101…
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/ Business Torts, Intellectual Property, Science, Computers, & Technology
Post-pandemic most firms have settled into permanent hybrid working arrangements. Two years after the FCA published its statement reminding firms of its ability to visit “any location where work is performed […] including…
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/ Administrative Law, Finance & Banking, International Law & Trade, Labor & Employment Law
Daren Orzechowski, Alex Touma, and Jack Weinert examine the history and key requirements of Utah’s AI Consumer Transparency law.
On March 13, 2024, the Governor of Utah, Spencer Cox signed the Utah Artificial Intelligence…
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/ Consumer Protection, Privacy, Science, Computers, & Technology
On September 5, 2024, the United States District Court for the Middle District of Florida denied Health First, Inc.’s motion to dismiss plaintiffs’ amended complaint in a class action lawsuit alleging monopolization and…
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/ Antitrust & Trade Regulation, Civil Procedure, Health
The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous…
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/ Business Torts, Commercial Law & Contracts, International Law & Trade, Labor & Employment Law
Daren Orzechowski Alexander Touma Jack Weinert Daren Orzechowski, Alex Touma, and Jack Weinert examine the progress made by US federal agencies towards achieving the directives set forth in President Biden’s Landmark Executive…
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/ Administrative Law, Government Contracting, Science, Computers, & Technology
On August 12, 2024, Judge David C. Godbey of the United States District Court for the Northern District of Texas denied a motion for judgment on the pleadings in an action alleging that an oil company (the “Company”) and a…
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/ Business Torts, Civil Procedure, Securities Law
On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company…
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/ Antitrust & Trade Regulation, Business Torts, Civil Procedure
In Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., the United States Court of Appeals for the Federal Circuit issued a precedential decision relating to obviousness-type double patenting (“ODP”) and…
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/ Business Organizations, Intellectual Property, Science, Computers, & Technology
On September 12, 2024, the United States Court of Appeals for the Eighth Circuit reversed a trial court decision that had rejected a bank’s assertion of the in pari delicto defense to aiding and abetting claims brought by the…
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/ Bankruptcy, Business Torts, Finance & Banking
On August 19, 2024, the United States Court of Appeals for the Second Circuit dismissed, on remand from the United States Supreme Court, putative class action claims brought under Section 10(b) of the Securities Exchange Act of…
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/ Business Torts, Civil Procedure, Securities Law
On August 16, 2024, Judge Federico A. Morena of the United States District Court for the Southern District of Florida granted in part and denied in part a motion to dismiss a putative class action asserting claims under Sections…
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/ Art, Entertainment, & Sports Law, Consumer Protection, Securities Law
While 2023 saw a slight increase in the number of FCPA enforcement actions from 2022, there was a marked decline in total penalties from the prior year. Last year, the DOJ and the SEC resolved a total of 14 corporate enforcement…
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/ Business Organizations, Criminal Law, International Law & Trade
On August 27, 2024, the Commodity Futures Trading Commission issued an order filing and simultaneously settling charges against a Swiss energy trader (the “Company”), for allegedly attempting to manipulate the European gasoline…
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/ Antitrust & Trade Regulation, Energy & Utilities, Securities Law
