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Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are...more

American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all...more

Litigation Minute: Ethylene Oxide—Where Regulators Are Going and How We Got Here (Ethylene Oxide Series: Part Three of Four)

What You Need to Know in a Minute or Less - While ethylene oxide (EO) has long been subject to federal regulation, the U.S. Environmental Protection Agency (EPA) has recently sharpened its focus on EO emissions. Despite...more

Litigation Minute: Ethylene Oxide—Could Your Company Be a Litigation Target? (Ethylene Oxide Series: Part Two of Four)

What You Need To Know In A Minute Or Less - Based largely on publicly available data from the U.S. Environmental Protection Agency (EPA), plaintiffs have been filing an increasing number of personal-injury and class-action...more

Litigation Minute: Ethylene Oxide—What it Is and Why You Should Care (Ethylene Oxide Series: Part One of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Ethylene oxide (EO) is a versatile compound used to make ethylene glycol and numerous consumer products, including household cleaners and personal care items. Also used to sterilize...more

Litigation Minute: Has the Supreme Court Left ESG Class Actions a Leg to Stand On? (ESG in Litigation Series: Part Four of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the earliest modern environmental, social, and governance (ESG) cases decided by the Supreme Court, Massachusetts v. EPA (2007), turned on Article III standing....more

Litigation Minute: The "G": Governance Issues Keep the Board From Getting Bored (ESG in Litigation Series: Part Three of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Class actions alleging the board of directors breached its fiduciary duties have become increasingly prevalent, as shareholders seek to hold companies liable for operations...more

Litigation Minute: The "S": Suits Based On What A Company Says And Does (ESG In Litigation Series: Part Two Of Eight)

Social factors, the “S” in “ESG,” consider how a business handles its relationships with suppliers, contractors, employees, and communities. These factors increasingly are becoming the target of class action plaintiffs’...more

Litigation Minute: The "E": Environmental Regulation and Ethos (ESG in Litigation Series: Part One of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Class-action plaintiffs’ lawyers increasingly are using changing environmental regulations, new reporting requirements, and companies’ voluntary disclosures as the alleged basis for...more

Look At Me, Not Through Me: Supreme Court Limits Federal Jurisdiction for Post-Arbitration Award Petitions

On 31 March 2022, the United States Supreme Court in Badgerow v. Walters limited federal subject matter jurisdiction over post-arbitration award petitions under the Federal Arbitration Act (FAA) §§ 9 and 10. After years of...more

Where's the Harm in Class Certification? The United States Supreme Court Confirms: It Must Be in Plaintiffs' Evidence

During the week of 21 June 2021, the United States Supreme Court issued two decisions that ultimately remove any doubt that class representatives must present class-wide evidence of harm at the class-certification stage,...more

Litigation Minute: Drafting Considerations for Protective Orders

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Any party to litigation in court or before an arbitral tribunal will, at some point, likely need to produce documents. Before producing documents that contain sensitive information...more

Mass Arbitration, Más Problems: Class-Action Procedures May Guide Solutions to Issues in Mass Arbitrations

Arbitration provides a lower-cost alternative to litigation. Yet, a growing predicament continues to penetrate the conversation surrounding arbitration: mass arbitration. On the one hand, no rational customer or employee...more

Boots on the Ground: PIL Task Force Targeting Opioid Providers in the War on Drugs

Attorney General Jeff Sessions announced the creation of the Prescription Interdiction & Litigation (“PIL”) Task Force –– which Sessions described as a “new front in the war on the opioid crisis” –– in a February press...more

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