On April 23, 2024, the Federal Trade Commission (FTC) announced its final Rule (16 CFR Part 910) that bans non-compete clauses for most workers as unfair competition under federal law, specifically Section 5 of the FTC Act...more
On July 9, 2021, President Joe Biden signed an executive order[1] calling for stronger enforcement of antitrust laws to promote competition and curtail the consolidation of American industries. The expansive order included 72...more
5/11/2023
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Regulatory Oversight
According to a recent decision handed down by the Delaware courts, corporate officers must now contend with a new avenue of liability: the duty of oversight. Previously, only a company’s board could face personal liability...more
The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more
In the wake of a recent landmark decision by a federal appellate court in regard to where climate change lawsuits should be litigated, the U.S. Court of Appeals for the Fourth Circuit has provided further guidance as to how...more
On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more
The past year saw several attempts to apply new applications of the public nuisance doctrine to the opioid crisis. While in the past, public nuisance claims typically sought recovery for damages in connection with land use in...more
Public nuisance claims have long been understood to rest on “an unreasonable interference with a right common to the general public.”
Typically, litigation sought recovery for damages in connection with (among other...more
As healthcare becomes more technology-driven, the traditional understanding of what constitutes a “heathcare provider” has been blurred. Computers and related electronic equipment, supported by legions of technicians and...more