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Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

The Food Lawyers ®

Getting Ahead Of Food Labeling Class Actions

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More than three decades defending food companies in labeling class actions has made one thing abundantly clear: when a class action theory weakens, the plaintiffs’ bar doesn’t disappear; it evolves -- -- with...more

Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Friling Law

OFAC Subpoena: Enforcement Risk, Timelines, and Strategic Response Across Industries

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Overview and Key Takeaways - An Office of Foreign Assets Control (OFAC) subpoena is one of the most serious enforcement tools the U.S. Treasury uses in sanctions investigations. While it is administrative in form, it...more

Environmental General Counsel PC

NAW EPR Case Pauses Enforcement for NAW Members

On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more

Montgomery McCracken

Vacated But Not Forgotten: The Pennsylvania Supreme Court Leaves the Future of Online Arbitration Agreements in Pennsylvania...

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For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more

Carlton Fields

Florida Appeals Court Decisions Week of February 2 - 6, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Melton v. I-10 Truck Cntr - employment, Title VII, racial hostility - Castro-Reyes v. Bosque - § 1983, excessive force, qualified immunity, state agent - Doe v. USA - FTCA,...more

Morrison & Foerster LLP

Second Circuit Holds That the Hague Service Convention Prohibits Email Service on Mainland China-Based Defendants

In Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, — F.4th —, No. 24-313 (2d Cir. Dec. 18, 2025), the United States Court of Appeals for the Second Circuit addressed a question of first impression at the federal...more

Freeman Mathis & Gary

Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case

Freeman Mathis & Gary on

In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical...more

Orrick, Herrington & Sutcliffe LLP

New York moves to dismiss putative class action over state’s foreclosure law

Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more

Hogan Lovells

Reform of the German Arbitration Law: Re-initiation of the legislative process for a modernised arbitration law

Hogan Lovells on

Germany has resumed the legislative process for the long-awaited reform of its arbitration law following its interruption in the previous, shortened parliamentary term. The proposed reform is in line with Germany's efforts...more

Fishman Haygood LLP

U.S. Fifth Circuit Denies Attorney’s Fees to Former NFL Player Who Had Failed to Timely Appeal

Fishman Haygood LLP on

The United States Fifth Circuit recently reversed a district court ruling awarding attorney’s fees to a former NFL player seeking disability benefits from the NFL Player Retirement Plan in Cloud v. Bert Bell/Pete Rozelle NFL...more

Dinsmore & Shohl LLP

Supreme Court to Clarify Liability Boundary for Induced Infringement

Dinsmore & Shohl LLP on

The Supreme Court of the United States has agreed to resolve a question of patent infringement liability: can advertising a product as a “generic”—without more details—give rise to liability for induced infringement? The...more

HaystackID

[Webcast Transcript] eDiscovery Lessons for 2026: Spotlighting the Top ESI Cases and Trends from 2025

HaystackID on

The legal profession faces an unprecedented challenge in 2026: how to apply decades-old discovery rules to AI systems, ephemeral communications platforms, and automatically generated content that can run into the billions of...more

Freiberger Haber LLP

Second Department Refuses to Revive a Stale Claim on a Promissory Note

Freiberger Haber LLP on

This BLOG has written numerous articles addressing statutes of limitation.[1] Today’s article discusses Mark v. Trimarco, a case decided by the Appellate Division, Second Department, on February 4, 2026, in which the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Freedom of Information Act/U.S. Environmental Protection Agency: Public Employees for Environmental Responsibility Judicial Action...

The Public Employees for Environmental Responsibility (“PEER”) filed a February 4th Complaint in the United States District Court for the District of Columbia against the United States Environmental Protection Agency (“EPA”)...more

Burr & Forman

How IP Litigation Can Make Strategic Business Sense for Midsize Companies

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For most executives at middle-market companies, pursuing intellectual property litigation might seem like a prospect to avoid at all costs. Litigation, they believe, is expensive, time-consuming, and unpredictable. Those...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2026

Saul Ewing LLP on

This month’s Friday Five explores decisions reviewing what evidence is necessary to prove that a condition like long COVID is “sufficiently disabling”, what standard of review applies to benefits under FEGLI, whether an...more

Weber Gallagher Simpson Stapleton Fires &...

Not Our Week: Three NY Third Dept. Decisions, All Headwinds for the Defense

Two new 3rd Dept. workers’ compensation cases this week plus one Unemployment Insurance decision on independent contractor status. None of them are good for the defense....more

Baker Donelson

2025 Trademark Takeaways: Highlights of Key Rulings Shaping Trademark Law

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Trademark case law continues to develop each year, and 2025 was no exception, with courts issuing a wide array of trademark opinions. For a more in-depth discussion of 2025's most impactful decisions, we invite you to watch...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Best Practices For Conducting Witness Interviews In Internal Investigations

Internal investigations are critical to protecting organizations from legal, regulatory, and reputational risk. They help determine whether a violation of law, regulation, or policy has occurred, and they inform decisions...more

Miles Mediation & Arbitration

Inside the Mind of Negotiators: Tips From a Mediator

Anytime I have tried to negotiate anything, be it the purchase of a car or house or a truce with my wife or kids, I always wished I could read the other person’s mind. Wouldn’t it be great if we knew from the get-go how much...more

Holland & Knight LLP

Alleged Economic Injury Satisfies Article III Standing in Baby-Food Class Action Case

Holland & Knight LLP on

We previously reported on a district court's dismissal of a class action lawsuit against a baby food manufacturer in which plaintiffs alleged that the baby food contained harmful levels of heavy metals. ("Economic Harm Claims...more

Integreon

Upskilling and Partnering Ease the Way to Successful AI Implementation

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This year’s Law Department Operations survey reports that close to 80% of legal department operations teams are responsible for technology selection and deployment as part of their overall charter....more

Morgan Lewis

Federal Circuit Narrows Design Patent Scope Based on Functional Considerations

Morgan Lewis on

In a recent case, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement of a design patent, signaling heightened scrutiny of functional features in design...more

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