Author Info for Shook, Hardy & Bacon L.L.P.

Lakshmi Achari

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases…more

Breach of Contract, Car Accident, Causation, Diversity Jurisdiction, Equipment Rentals

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Robert Adams

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Ricardo Ampudia

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions of…more

Annulment, Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act

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Angelica Andreoli

Uniloc: Targeting Cloud Computing with Volume, Repetition, and Resolve

Prolific Patent Assertion Entity (PAE) Uniloc filed its largest volume of cases in 2018. We previously reported a noticeable increase in filings during 2016-2017. The following year, Uniloc filed 186 cases. However, the number…more

Cloud Computing, Intellectual Property Protection, Patent Infringement, Patents

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Giovanni Angles

The American Arbitration Association Makes Major Changes to the AAA Commercial Arbitration Rules

On September 1, 2022, amendments to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures went into effect. The amendments are significant but they are not retroactive. Thus the “old”…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Commercial Arbitration

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Christopher Appel

Public Policy Group Files Amicus Brief Urging New York High Court to Deny Legal Personhood Status to Animal at Behest of Animal Rights Group

Public Policy Group attorneys Phil Goldberg and Christopher Appel, working with partner Scott Chesin in the firm’s New York office, filed an amicus brief urging the New York high court to reject a writ of habeas corpus that an…more

Amicus Briefs, Animal Health, Habeas Corpus

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Brandon Arber

Understanding the “Flight Department Company” Problem

Owning an aircraft can save company executives time and add prestige to brands. But companies should carefully review the tax consequences, which can be substantial depending on how the aircraft agreement is organized. One very…more

Aircraft, Aviation Industry, Business Ownership, Business Taxes, Excise Tax

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John Barkett

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions of…more

Annulment, Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act

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Michael Barnett

Three Steps For-Profit Employers Should Take in Light of FTC Non-Compete Rule

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban most non-compete agreements with workers across the country. Pending potential action by a court, the final rule is set to take effect on…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Douglas Beck

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Fiona Bell

Patent Venue: The State Of The Law A Year After The Dramatic Changes Introduced By TC Heartland

For decades, it was well-established that defendants in patent cases could be sued almost anywhere they were subject to the court’s personal jurisdiction…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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Jordan Bergsten

Wait For It: "Unreasonable Delay" in Bringing Suit is No Longer a Defense in Patent Cases

The U.S. Supreme Court recently issued a 7-1 ruling in SCA Hygiene1 that eliminated the common-law defense of laches in patent infringement cases. The Supreme Court reasoned that laches is a “gap-filling doctrine” that does not…more

Intellectual Property Protection, Laches, Patent Act, Patent Infringement, Patent Litigation

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Matthew Bernstein

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

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Cecilia Bidwell

Podcast: The Changing Tampa Market

The Tampa legal market has evolved since the Shook Tampa office opened in 2000, and Shook attorneys have been adapting to meet the needs of the new market. Listen to Tampa Managing Partner Jennifer Voss and Partner Cecilia…more

Business Development, Law Practice Management

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Laura Booth

California Lawmaker Introduces Bill Granting Employees the Right to Disconnect

California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from the…more

California, Employment Policies, Off-Duty Employee Access, Off-Duty Employees, Right to Disconnect

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M. Katie Gates Calderon

Food and Beverage Litigation and Regulatory Update | Issue 824

LEGISLATION, REGULATIONS & STANDARDS - EPA Takes Emergency Action to Stop Use of Dacthal - For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend…more

Environmental Protection Agency (EPA), FIFRA, Food Safety, Trademark Trial and Appeal Board, USDA

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Andrew Carpenter

Getting Specific about Specific Jurisdiction: Bristol-Myers Squibb

On June 19, the United States Supreme reaffirmed some basic principles of personal jurisdiction in Bristol-Meyers Squibb Co. v. Superior Court of California, 528 U.S. __ (2017). In a bloody-good 8-1 decision (with only Justice…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Due Process, Forum Shopping, Fourteenth Amendment, General Jurisdiction

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Anne Case-Halferty

Food & Beverage Litigation Update - November 2021

COVID, Consumer Demands Discussed at Ninth Annual Food & Beverage Exchange Conference - Evolving consumer demands, litigation trends and the disruptive effects of the COVID-19 pandemic were featured topics of the Ninth Annual…more

Coronavirus/COVID-19, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Food Safety, Made in the USA

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Simon Castley

Proposals Published for the Revision of the European Product Liability Directive

On Wednesday 28 September, the European Commission released details of its long-awaited proposal for the revision of the 1985 Product Liability Directive (PLD) that introduced a strict liability regime for defective products…more

EU, EU Directive, Manufacturers, Product Defects, Strict Product Liability

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Andrew Chang

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code…more

Arbitration Agreements, CA Supreme Court, Civil Monetary Penalty, Class Action Arbitration Waivers, Class Representatives

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Scott Chesin

Public Policy Group Files Amicus Brief Urging New York High Court to Deny Legal Personhood Status to Animal at Behest of Animal Rights Group

Public Policy Group attorneys Phil Goldberg and Christopher Appel, working with partner Scott Chesin in the firm’s New York office, filed an amicus brief urging the New York high court to reject a writ of habeas corpus that an…more

Amicus Briefs, Animal Health, Habeas Corpus

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Kimberly Cook

Florida Broadens Requirement to Utilize the Federal E-Verify System, Employers Face Penalties for Failure to Comply

Multiple states have adopted various E-Verify requirements, making compliance tricky for employers operating in numerous states. In March 2023, Florida Governor Ron DeSantis signed into law a bill that, among other things,…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

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Mark Cowing

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S…more

Data-Sharing, Discovery, EU, EU Data Protection Laws, Evidence

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Sarah Croft

COVID-19 Client Primer | UK Medical Device Product Liability

ANALYSIS - Product Liability Risks for Medical Devices in the UK - In order to fast-track the development, manufacture and supply of key medical equipment and devices vital in the fight against COVID-19, governments,…more

Coronavirus/COVID-19, Goods or Services, Manufacturers, Medical Devices, Medical Supplies

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Andrew Dockter

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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Maureen Doerner Fogel

NYC’s Latest Amendments on Earned Sick, Safe Time Provide Private Right of Action

Effective March 20, 2024, the New York City Earned Safe and Sick Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to…more

Earned Sick Time, Employer Liability Issues, Local Ordinance, Private Right of Action, Safe Leave

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Alicia Donahue

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

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Justin Donoho

Illinois Appellate Decisions Highlight Evolving Landscape of Data Breach Litigation

Illinois is a major destination for putative class actions arising out of data incidents such as ransomware and other attacks. The cases rarely involve actual demonstrable misuse of personal identifying information (PII)…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Tristan Duncan

Class Action Decisions Published October 2023: Energy

It is estimated that U.S. energy demand will increase 12 percent by 2040. To meet this surge, energy companies must engage in innovation, savvy protection of assets and dogged advocacy in regulatory and litigation matters…more

Class Action, Climate Change, Energy Sector, Oil & Gas

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Mitchell Engel

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include..…more

Attorney's Fees, Class Action, Class Certification, FRCP 23(b)(3), FRCP 23(c)(4)

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Bart Eppenauer

Sound View Escalates Patent Assault on Open Source Software with New Wave of Lawsuits

Sound View Innovations, an IP licensing company that is quickly becoming a prolific Non-Practicing Entity (NPE), has ramped up its litigation campaign by filing seven more lawsuits in 2019. Similar to the patent lawsuits that it…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Non-Practicing Entities, Open Source Software, Patent Infringement

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David Erickson

U.S. EPA Designates Two Most Studied PFAS as 'Hazardous Substances' Under Federal Superfund Law: Four Key Takeaways

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) formally published in the Federal Register (89 Fed. Reg. 39124) its long-awaited final rule designating two of the most studied per- and polyfluoroalkyl substances…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Erin Leffler

Pay Equity: Update on Philadelphia's Salary History Ban

Set against the backdrop of the women and minority rights movement, the City of Philadelphia is among a number of state and local governments that have enacted legislation intent on reducing or eliminating the wage gap…more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender Equity, Gender-Based Pay Discrimination

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Kyle Friesen

"Secret Sale" of Drug Counts as Prior Art in Patent Battle

On January 22, 2019, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Federal Circuit’s decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229 (Jan. 22, 2019)…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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Anna Gadberry

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert…more

Adtech, Bots, Business Development, Client Services, Consumer Privacy Rights

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Phil Goldberg

Goldberg, Gramling & O’Rourke: A Prescription for Pharmaceutical Preemption

The U.S. Supreme Court has issued several consequential decisions over the past 15 years setting guidelines for when federal regulations over prescription drug warnings preempt state failure-to-warn claims. Shook Partners Phil…more

Labeling, Pharmaceutical Industry, Preemption, Prescription Drugs

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Christopher Gramling

Goldberg, Gramling & O’Rourke: A Prescription for Pharmaceutical Preemption

The U.S. Supreme Court has issued several consequential decisions over the past 15 years setting guidelines for when federal regulations over prescription drug warnings preempt state failure-to-warn claims. Shook Partners Phil…more

Labeling, Pharmaceutical Industry, Preemption, Prescription Drugs

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Josh Hansen

Pennsylvania's Amended Data Breach Law Upends Standard Framework

Pennsylvania recently amended their data breach notification law in a way that turns the status quo on its head. The law, Senate Bill 824, adds an obligation to provide regulatory notice and tweaks the definition of personal…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Ashley Harrison

National Employment Perspective | Focus On Sexual Orientation and Gender Identity Under Title VII

Gay and Trans Rights under Title VII - On June 15, 2020, the U.S. Supreme Court issued its opinion in Bostock v. Clayton County, holding an employer that fires an individual merely for being gay or transgender violates Title…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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Jenn Hatcher

Court Vacates Key Portion of OCR’s Online Tracking Tool Guidance

On June 20, 2024, a federal court vacated key portions of regulatory guidance on the treatment of information collected by online tracking tools. At issue was the U.S. Department of Health and Human Services Office for Civil…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Guidance Update, Health Care Providers

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Madison Hatten

FTC Discusses Growing Concerns over Digital Advertising to Youth

The Federal Trade Commission’s truth-in-advertising laws require that advertisements be truthful, not misleading, and, when appropriate, backed by scientific evidence. FTC looks at an advertisement in context, considering its…more

Advertising, CARU, COPPA, Federal Trade Commission (FTC), Online Safety for Children

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Sandra Hawley

Class Action Decisions Published October 2023: Banking and Financial Services

The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative lobbying…more

Banking Sector, Borrowers, Class Action, FDCPA, Financial Services Industry

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Veronica Hayes Gromada

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

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Lindsey Heinz

Food and Beverage Litigation and Regulatory Update | Issue 824

LEGISLATION, REGULATIONS & STANDARDS - EPA Takes Emergency Action to Stop Use of Dacthal - For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend…more

Environmental Protection Agency (EPA), FIFRA, Food Safety, Trademark Trial and Appeal Board, USDA

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Laurie Henry

Dietary Supplement & Cosmetics Legal Bulletin | July 2024

LEGISLATION, REGULATIONS & STANDARDS - Vermont Governor Signs Law Banning PFAS from Cosmetics - Vermont Gov. Phil Scott has signed into law a bill banning several chemicals including per- and polyfluoroalkyl substances…more

Class Action, Dietary Supplements, Food and Drug Administration (FDA), Labeling, Personal Care Products

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Janet Hickson

Autonomous And Connected Vehicles Update - March 2018

California Approves Driverless Autonomous Vehicle Testing - The California Department of Motor Vehicles (DMV) announced approval of regulations governing the testing and public use of autonomous vehicles without human drivers…more

Connected Cars, Driverless Cars, Executive Orders, Motor Vehicles, Regulatory Oversight

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Abigail Hudson

Verdict Forms are Key in Executive Exemption Cases

A California appellate court recently overturned a jury verdict finding a Jack in the Box manager was misclassified under the executive exemption. The court found one question on the jury verdict form was too narrow in that it…more

Employer Liability Issues, Exempt-Employees, Jury Verdicts, Over-Time, Rest and Meal Break

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Joseph Iemma

NYC Human Rights Law Amendment Expands Applicant Protections

The New York City Human Rights Law (NYCHRL) was recently amended by Local Law 4, which took effect on July 29, 2021. The Amendment expands the protections of the 2015 Fair Chance Act (FCA) to New York City job applicants whose…more

Background Checks, Criminal Background Checks, Employment Discrimination, Fair Chance Act, Hiring & Firing

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Sharon Israel

"Secret Sale" of Drug Counts as Prior Art in Patent Battle

On January 22, 2019, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Federal Circuit’s decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229 (Jan. 22, 2019)…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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John Johnson III

Food & Beverage Litigation Update - December 2021

Warning Letter Provides Insight on FDA’s Priorities - The U.S. Food and Drug Administration’s (FDA) Warning Letter to Maribel’s Sweets, Inc., provides an important look into how FDA is implementing the Food Safety…more

Class Certification, Food and Drug Administration (FDA), Food Safety, FSMA, FSVP

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Robin Jung

Jung: Report IDs Areas for Improvement in Investigation of Auto Safety Defects

After conducting an audit of the National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI), the U.S. Department of Transportation’s Inspector General recently issued a report concluding that…more

Automobile Recall, Automotive Industry, Motor Vehicles, Product Defects

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Minha Jutt

Three Steps For-Profit Employers Should Take in Light of FTC Non-Compete Rule

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban most non-compete agreements with workers across the country. Pending potential action by a court, the final rule is set to take effect on…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Naoki Kaneko

The Price is Wrong: Amendment to the California Consumers Legal Remedies Act Requires New Price Disclosures

On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will go into effect. Under this new provision, it will be a violation of the CLRA if a company advertises, displays, or offers goods…more

Consumers Legal Remedies Act, Disclosure Requirements, Price Transparency, Pricing

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Ryan Killian

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi…more

Jurisdiction, Personal Jurisdiction, Pleading Standards, SCOTUS

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Lindsey Knapton

California Shares Draft Rules on Audits, Assessments, and Automated Decisionmaking

On November 27, California’s dedicated privacy law enforcement agency, the California Privacy Protection Agency (CPPA), released a draft of new rules covering automated decisionmaking (yes, they made “decisionmaking” one word)…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA)

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Brandon Large

California Shares Draft Rules on Audits, Assessments, and Automated Decisionmaking

On November 27, California’s dedicated privacy law enforcement agency, the California Privacy Protection Agency (CPPA), released a draft of new rules covering automated decisionmaking (yes, they made “decisionmaking” one word)…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA)

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Mathew Larsen

COVID-19 Client Primer | Senior Living Facilities

Senior Care in the Time of COVID-19 - COVID-19’s impact on senior living companies and facilities cannot be overstated. The virus’s propensity for community transmission was not fully appreciated when many senior care…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Healthcare Facilities

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Adam Lauridsen

Ninth Circuit Recognizes Limited Impact of California Supreme Court Decision on Federal Standing

In a recent unpublished opinion, the Ninth Circuit reversed the dismissal of a plaintiff’s representative claims, brought under California’s Private Attorneys General Act (PAGA). In doing so, the Ninth Circuit noted that recent…more

Article III, CA Supreme Court, Private Attorneys General Act (PAGA), Standing

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H. Grant Law

Highly Automated and Connected Vehicles Update l August 2019 #2

Autonomous Shuttle Launches in Brooklyn- Optimus Ride has launched the first self-driving shuttle in New York City, which will transport passengers between the ferry and the Brooklyn Naval Yard. Approximately 500 passengers per…more

Artificial Intelligence, Bicycles, Charging Stations, Data Breach, Driverless Cars

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John Lewis Jr.

Championing Inclusion in an Era of Emerging Risks

Increasingly, DEI has come to mean different things to different people, and public understanding of this work continues to evolve (and in some instances, devolve). Amplifying unheard voices, rooting out bias, welcoming…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Publicly-Traded Companies

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Matt Light

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code…more

Arbitration Agreements, CA Supreme Court, Civil Monetary Penalty, Class Action Arbitration Waivers, Class Representatives

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Michael Mallow

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include..…more

Attorney's Fees, Class Action, Class Certification, FRCP 23(b)(3), FRCP 23(c)(4)

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Anthony Martinez

Food & Beverage Litigation and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for use…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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William Martucci

California Lawmaker Introduces Bill Granting Employees the Right to Disconnect

California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from the…more

California, Employment Policies, Off-Duty Employee Access, Off-Duty Employees, Right to Disconnect

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Katherine Mastrucci

Mastrucci: The Future of NFTs in the Metaverse: Utility and Liability

With NFT sales taking a nosedive in recent months amid rank speculation, scams, and hacks, many are justifiably wondering whether NFTs have any value or utility or whether they’re just a passing gimmick. The answer is somewhere…more

Blockchain, Digital Assets, Metaverse, Non-Fungible Tokens (NFTs), Virtual Reality

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James Mayor

Supreme Court Ruling Resolves Split Regarding Failure to Disclose and Securities Fraud Claims

Earlier this month, the U.S. Supreme Court unanimously resolved a circuit split on the issue of whether a failure to disclose information under Item 303 of Regulation S-K (the U.S. Securities and Exchange Commission’s…more

Regulation S-K, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934, Securities Fraud, Securities Litigation

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Carrie McAtee

National Employment Perspective | Focus on California Wage and Hour

FOCUS ON CALIFORNIA WAGE AND HOUR - Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge - A recent Ninth Circuit decision imposes new obligations on California employers that furlough or temporarily…more

DLSE, Employer Liability Issues, Furloughs, State Labor Laws, Temporary Layoffs

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Colman McCarthy

California Shares Draft Rules on Audits, Assessments, and Automated Decisionmaking

On November 27, California’s dedicated privacy law enforcement agency, the California Privacy Protection Agency (CPPA), released a draft of new rules covering automated decisionmaking (yes, they made “decisionmaking” one word)…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA)

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Madeleine McDonough

Food & Beverage Litigation Update | April 2018

In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use with…more

Antibiotics, Baby Products, Beer, Beverage Manufacturers, Chipotle Grill

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Elena Khadavi McFarland

Federal Circuit Finds That Petitioners Have Burden Of Persuasion Of Unpatentability Of Claims Amended During An IPR Proceeding, For Now - Aqua Products, Inc. V. Matal, No. 15-1177 (Fed. Cir., Entered October 4, 2017)

In a much anticipated decision, the Federal Circuit has narrowly decided that a patent owner moving to amend claims during an inter partes review (IPR) does not have the burden of persuasion that the claims are patentable. The…more

America Invents Act, Burden of Persuasion, Chevron Deference, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Maxwell McGraw

Patent Troll Akoloutheo Sues Oracle in Latest Chapter of its Cloud Software and IoT Patent Litigation Campaign

In its latest filing in February 2019, non-practicing entity Akoloutheo, LLC has expanded its Eastern District of Texas patent litigation campaign to include Oracle. Akoloutheo accuses the Oracle Analytics Cloud, Oracle…more

Cloud Computing, Intellectual Property Protection, Internet of Things, Non-Practicing Entities, Oracle

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Jennifer McLoone

Website Privacy Litigation

Shook lawyers explore some of the hottest privacy issues business owners and in-house counsel need to know to help mitigate exposure. Chief among them, website privacy litigation and pixel class actions. Shook Privacy and Data…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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Lucia McMurray

New York City's Salary Transparency Law

Beginning November 1, 2022, a recent amendment—often referred to as the “Salary Transparency Law”—to the New York City Human Rights Law (NYCHRL) is set to go into effect. The Salary Transparency Law requires certain employers…more

Employer Liability Issues, NYCHRL, Transparency, Wage and Hour

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Erika Medina

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi…more

Jurisdiction, Personal Jurisdiction, Pleading Standards, SCOTUS

See all updates »

Riley Mendoza

Three Steps For-Profit Employers Should Take in Light of FTC Non-Compete Rule

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban most non-compete agreements with workers across the country. Pending potential action by a court, the final rule is set to take effect on…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Alicia Menendez

The American Arbitration Association Makes Major Changes to the AAA Commercial Arbitration Rules

On September 1, 2022, amendments to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures went into effect. The amendments are significant but they are not retroactive. Thus the “old”…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Commercial Arbitration

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Adam Miller

U.S. EPA Designates Two Most Studied PFAS as 'Hazardous Substances' Under Federal Superfund Law: Four Key Takeaways

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) formally published in the Federal Register (89 Fed. Reg. 39124) its long-awaited final rule designating two of the most studied per- and polyfluoroalkyl substances…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Gary Miller

Tips for Developing an AI Framework

In this episode of BIZ LIT | TODAY, Shook, Hardy & Bacon Partners Gary Miller and Camila Tobón explore Tips for Building an AI Framework. Gary co-leads Shook’s Business Litigation Practice and Camila is the director of Shook’s…more

Artificial Intelligence, Business Litigation, Commercial Court, Cybersecurity, Data Protection

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Mark Moedritzer

COVID-19 Client Primer | Maximizing Bankruptcy Recoveries

Maximizing Recoveries in Bankruptcy - One of the many impacts of the COVID-19 pandemic is, and will continue to be, an increase in business bankruptcies. This will affect creditors in many ways, including unpaid debts, loss…more

Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt Collection, Debtors

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Farhan Mohiuddin

Fifth Circuit Clarifies Standards Regarding Spoliation of Evidence and Expert Witness Qualifications

The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing Federal Rule of Evidence…more

Destruction of Evidence, Evidence, Expert Witness, Spoliation

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Mayela Montenegro-Urch

Autonomous And Connected Vehicles Update - March 2018

California Approves Driverless Autonomous Vehicle Testing - The California Department of Motor Vehicles (DMV) announced approval of regulations governing the testing and public use of autonomous vehicles without human drivers…more

Connected Cars, Driverless Cars, Executive Orders, Motor Vehicles, Regulatory Oversight

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Dalton Mott

COVID-19 Client Primer | EPA Superfund Guidance

EPA Guidance on Superfund Site Field Work and Other Enforcement Issues - The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider the…more

Contaminated Properties, Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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James Muehlberger

Food and Beverage Litigation and Regulatory Update | Issue 824

LEGISLATION, REGULATIONS & STANDARDS - EPA Takes Emergency Action to Stop Use of Dacthal - For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend…more

Environmental Protection Agency (EPA), FIFRA, Food Safety, Trademark Trial and Appeal Board, USDA

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Lynn Murray

Class Action Decisions Published October 2023: Banking and Financial Services

The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative lobbying…more

Banking Sector, Borrowers, Class Action, FDCPA, Financial Services Industry

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Amir Nassihi

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include..…more

Attorney's Fees, Class Action, Class Certification, FRCP 23(b)(3), FRCP 23(c)(4)

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Alison Newstead

New Global Workplace

The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues…more

Employer Liability Issues, Employment Litigation, Employment Policies, Human Resources Professionals, International Labor Laws

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Clinton Newton

COVID-19 Client Primer | Trademarks and Price Gouging

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of…more

3M Company, Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Corruption

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William Northrip

Biometric Litigation

There have been a series of unfavorable Biometric Information Privacy Act (BIPA) opinions for defendants in the Illinois Supreme Court. But that streak may be changing. Shook Biometric Privacy Practice Chair Matt Wolfe along…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, IL Supreme Court

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Laurie Novion

COVID-19 Client Primer | Consumer Protection Enforcement Challenges in the Age of COVID-19

The Federal Trade Commission (FTC), in its mission to protect consumers from deceptive and unfair commercial practices, has been particularly vigilant during the COVID-19 pandemic because of an expected increase in outright…more

Antitrust Litigation, Antitrust Provisions, Cannabidiol (CBD) oil, Class Action, Coronavirus/COVID-19

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Andy O'Brien

The Rise of the Right to Repair: Antitrust, IP, Parts and Warranties

Nearly 50 years after Congress passed the Magnuson-Moss Warranty Act, warranties are in the antitrust news again. The “right to repair” movement is clamoring for legislation to give consumers the right and ability to unlock, fix…more

Enforcement Actions, Federal Trade Commission (FTC), Magnuson-Moss Act, Right to Repair, Warranties

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Sarah O'Rourke

Goldberg, Gramling & O’Rourke: A Prescription for Pharmaceutical Preemption

The U.S. Supreme Court has issued several consequential decisions over the past 15 years setting guidelines for when federal regulations over prescription drug warnings preempt state failure-to-warn claims. Shook Partners Phil…more

Labeling, Pharmaceutical Industry, Preemption, Prescription Drugs

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Patrick Oot

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

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Kate Paine

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The lawsuits…more

CIPA, Corporate Counsel, Data Collection, Data Privacy, Eavesdropping

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Emily Pedersen

The Price is Wrong: Amendment to the California Consumers Legal Remedies Act Requires New Price Disclosures

On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will go into effect. Under this new provision, it will be a violation of the CLRA if a company advertises, displays, or offers goods…more

Consumers Legal Remedies Act, Disclosure Requirements, Price Transparency, Pricing

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Kimberly Penner

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

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Anna Sumner Pieschel

Vaccine Law Client Act : January 2022

OSHA Withdraws ETS - On January 25, 2022, OSHA announced it will be withdrawing its ETS effective January 26, 2022. The announcement notes that the text of the ETS will remain in place to solicit additional comments from the…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

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Poston Pritchett

Food & Beverage Litigation and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for use…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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Yara Rashad

A Brief Update on the EEO-1 Requirements

The U.S. Equal Employment Opportunity Commission (EEOC) regularly collects data from employers in the EEO-1 Report. Employers that meet the reporting threshold have a legal obligation to provide the data. The data is used by the…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Pay Data, Reporting Requirements

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Robert Reckers

Lessons And Challenges Arising Out Of The Federal Circuit’s New Focus On Factual Issues In “Patent Eligibility” Disputes

With its Alice and Mayo opinions, the U.S. Supreme Court dramatically changed how patent eligibility under 35 U.S.C. § 101 is defined…more

Abstract Ideas, Computer-Related Inventions, Corporate Counsel, Hewlett-Packard, Intellectual Property Protection

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Jason Richardson

California Court of Appeal Approves of Wage Statements Listing Overtime Separately

The California Court of Appeal has held in General Atomics v. Superior Court of San Diego County that wage statements listing overtime premiums separately to show “0.5 times the regular rate of pay rather than 1.5” do not…more

Over-Time, Private Attorneys General Act (PAGA), Wage and Hour, Wage Statements

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Daniel Rogers

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

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Charles Rosebrough

The Federal Trade Commission Publishes Proposed Non-Compete Rule

On January 5, 2023, the Federal Trade Commission (FTC) published a new proposed rule that would ban employers’ use of covenants not to compete. The rule comes in the wake of an Executive Order issued by the Biden administration…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

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Todd Ruskamp

COVID-19 Client Primer | Maximizing Bankruptcy Recoveries

Maximizing Recoveries in Bankruptcy - One of the many impacts of the COVID-19 pandemic is, and will continue to be, an increase in business bankruptcies. This will affect creditors in many ways, including unpaid debts, loss…more

Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt Collection, Debtors

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Kathleen Ryan

White Castle and BNSF: New Decisions Impacting Damages

Two recent court decisions in the high-profile White Castle and BNSF Illinois Biometric Information Privacy Act (BIPA) matters have created additional uncertainty about damages in BIPA matters, likely driving up settlement and…more

Biometric Information, Biometric Information Privacy Act, BNSF Railway, Damages, Data Privacy

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Alfred Saikali

Court Vacates Key Portion of OCR’s Online Tracking Tool Guidance

On June 20, 2024, a federal court vacated key portions of regulatory guidance on the treatment of information collected by online tracking tools. At issue was the U.S. Department of Health and Human Services Office for Civil…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Guidance Update, Health Care Providers

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Ivelisse Lucia Saint-Clair

California Lawmaker Introduces Bill Granting Employees the Right to Disconnect

California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from the…more

California, Employment Policies, Off-Duty Employee Access, Off-Duty Employees, Right to Disconnect

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Ryan Sandrock

Three Steps For-Profit Employers Should Take in Light of FTC Non-Compete Rule

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban most non-compete agreements with workers across the country. Pending potential action by a court, the final rule is set to take effect on…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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David Schoenfeld

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Daniel Schwaller

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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Maveric Searle

BIPA Amendment Passes Legislature, Addresses Damages in BIPA Litigation

Last week, as the Illinois legislative session nears its close, the Illinois House of Representatives voted to enact Senate Bill 2979, the Biometric Information Privacy Act (BIPA) reform amendment that had previously passed out…more

Biometric Information, Biometric Information Privacy Act, Damages, Data Collection, Data Privacy

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Thomas Sheehan

Valisure Files Citizen Petition on Alleged Benzene in Benzoyl Peroxide, Triggering Lawsuits

Independent laboratory Valisure filed a March 5, 2024, citizen petition (CP) asserting, based on its own testing, that a number of benzoyl peroxide products contain high levels of benzene and that benzene concentrations are…more

Chemicals, Citizen Petitions, Contamination, Food and Drug Administration (FDA), Hazardous Substances

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James Shepherd

Food & Beverage Litigation and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for use…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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John Sherk

The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a…more

Article III, Corporate Counsel, Credit Cards, Cybersecurity, Data Breach

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Cary Silverman

Bad For Your Health: Lawsuit Advertising Implications And Solutions

Shook, Hardy & Bacon Partner Cary Silverman has authored a report for the U.S. Chamber Institute for Legal Reform examining the effects of advertising soliciting plaintiffs for lawsuits targeting prescription drugs and medical…more

Advertising, Food and Drug Administration (FDA), Marketing, Mass Tort Litigation, Medical Devices

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Matthew Sitzer

Class Action Decisions Published October 2023: Insurance and Reinsurance

Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the…more

Class Action, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Holly Pauling Smith

COVID-19 Client Primer | Tuition Refund Class Actions

ANALYSIS - Strategies to Defend Tuition Refund Class Actions - The recent spate of class actions seeking refunds for tuition and other fees paid for in spring 2020 likely heralds an even greater deluge in the coming weeks…more

Class Action, Colleges, Coronavirus/COVID-19, Educational Institutions, Refunds

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Mareta Smith

Corporate Transparency Act Imposes New Business Reporting Requirements

On January 1, 2024, a majority of companies registered to do business in the United States will be subject to new federal reporting requirements with stiff penalties for failing to comply. The Corporate Transparency Act imposes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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Rachel Straus

The Price is Wrong: Amendment to the California Consumers Legal Remedies Act Requires New Price Disclosures

On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will go into effect. Under this new provision, it will be a violation of the CLRA if a company advertises, displays, or offers goods…more

Consumers Legal Remedies Act, Disclosure Requirements, Price Transparency, Pricing

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Jennise Stubbs

Dietary Supplement & Cosmetics Legal Bulletin | July 2024

LEGISLATION, REGULATIONS & STANDARDS - Vermont Governor Signs Law Banning PFAS from Cosmetics - Vermont Gov. Phil Scott has signed into law a bill banning several chemicals including per- and polyfluoroalkyl substances…more

Class Action, Dietary Supplements, Food and Drug Administration (FDA), Labeling, Personal Care Products

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Thomas Sullivan

COVID-19 Client Primer | Tuition Refund Class Actions

ANALYSIS - Strategies to Defend Tuition Refund Class Actions - The recent spate of class actions seeking refunds for tuition and other fees paid for in spring 2020 likely heralds an even greater deluge in the coming weeks…more

Class Action, Colleges, Coronavirus/COVID-19, Educational Institutions, Refunds

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Denise Talbert

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S…more

Data-Sharing, Discovery, EU, EU Data Protection Laws, Evidence

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Mark Tatum

National Employment Perspective | Delivery Driver Reimbursement

Department of Labor Confirms that Delivery Drivers Need Not Be Paid Actual Expenses or the IRS Rate for Use of Their Own Vehicles - Over the past several years, employers have faced significant litigation over how they…more

Corporate Counsel, Delivery Drivers, Department of Labor (DOL), Fair Labor Standards Act (FLSA), IRS

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Sonila Themeli

Update On Biomaterials Access Assurance Act Litigation

U.S. Congress found it necessary to provide manufacturers of biomaterials—component parts or raw materials for implantable medical devices—protection from liability in litigation involving the manufacture and use of an…more

Biomaterials Access Assurance Act (BAAA), Bodily Injury, Life Sciences, Medical Devices, Pharmaceutical Industry

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Camila Tobón

Colorado Enacts Artificial Intelligence Law

Colorado became the first state to adopt a comprehensive AI framework when Gov. Jared Polis signed Senate Bill 205. The law, unlike the EU AI Act, does not ban certain uses of AI. Instead, Colorado focused on accountability; the…more

Algorithms, Artificial Intelligence, Data Privacy, Innovative Technology, Machine Learning

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Adam Tolin

30(B)(6) Preparation Tips

30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate…more

Depositions, Discovery, FRCP 30(b)(6), Subpoenas, Testimony

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Paul Vogel

Use of AI Does Not Preclude Patentability, USPTO Guidance Affirms

In new guidance, the United States Patent and Trademark Office (USPTO) affirms that the assistance of artificial intelligence (AI) in innovation does not preclude patentability, marking a significant step in addressing the…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Patent Applications

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Jennifer Voss

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

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Mihai Vrasmasu

Surgical Robot End User v. Manufacturer

When most people think about product liability lawsuits involving surgical robots, they imagine the scenario where a patient undergoes an unsuccessful operation and then sues the robot manufacturer for damages. But few envision…more

End-Users, Manufacturers, Robotic Surgery, Robotics, Robots

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Tammy Webb

The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a…more

Article III, Corporate Counsel, Credit Cards, Cybersecurity, Data Breach

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Eva Weiler

Hand Sanitizer: Pathways to Market in the U.S., Canada, Mexico, UK and Europe

The demand for hand sanitizer has risen so sharply during the COVID-19 pandemic that many companies have shifted their production to help meet the needs of governments, medical facilities, health care practitioners and…more

Canada, Coronavirus/COVID-19, EU, Food and Drug Administration (FDA), Goods or Services

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Jesse Weisshaar

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S…more

Data-Sharing, Discovery, EU, EU Data Protection Laws, Evidence

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Matthew Williams

Food & Beverage Litigation Update l June 2020

SPOTLIGHT - COVID-19 Brings Price-Gouging Litigation To California - California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted…more

Amazon Marketplace, Antitrust Provisions, Antitrust Violations, Class Action, Coronavirus/COVID-19

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Paul Williams

Commercial Recovery

Historically, in-house law departments can be known as cost centers to companies. But there is a way to turn around that perception. In these volatile economic times, it makes good sense to strive to return more money to the…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Debt Restructuring, Reorganizations

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Matthew Wolfe

BIPA Amendment Passes Legislature, Addresses Damages in BIPA Litigation

Last week, as the Illinois legislative session nears its close, the Illinois House of Representatives voted to enact Senate Bill 2979, the Biometric Information Privacy Act (BIPA) reform amendment that had previously passed out…more

Biometric Information, Biometric Information Privacy Act, Damages, Data Collection, Data Privacy

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Gregory Wu

Food & Beverage Litigation Update l April 2019

FDA Announces Next Steps in Cannabis Regulation - The U.S. Food and Drug Administration (FDA) has announced that it will take a number of steps to advance its consideration for the potential regulatory framework for cannabis…more

Beverage Manufacturers, Cannabidiol (CBD) oil, Comment Period, Dietary Guidelines, Dietary Supplements

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Joseph Zaleski

U.S. EPA Designates Two Most Studied PFAS as 'Hazardous Substances' Under Federal Superfund Law: Four Key Takeaways

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) formally published in the Federal Register (89 Fed. Reg. 39124) its long-awaited final rule designating two of the most studied per- and polyfluoroalkyl substances…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Michael Zito

Commercial Recovery

Historically, in-house law departments can be known as cost centers to companies. But there is a way to turn around that perception. In these volatile economic times, it makes good sense to strive to return more money to the…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Debt Restructuring, Reorganizations

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