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Venable LLP

California's Updated Right of Publicity Statute Provides Increased Protection and Expedited Relief

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Last month, California Governor Gavin Newsom signed into law Senate Bill 683, which makes a significant addition to Civil Code § 3344, California’s Right of Publicity statute. With the amendment, § 3344 now expressly...more

Foley & Lardner LLP

How Following “Doctors’ Orders” Provided a Defense in a First Circuit FCA Case

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When it comes to False Claims Act (FCA) litigation, clinical laboratories often find themselves in the crosshairs. But the First Circuit’s decision in United States ex rel. Omni Healthcare v. MD Labs offers a strong reminder:...more

Fisher Phillips

Court Says Employer Can’t Use Injunction to Challenge NLRB Authority: Key Takeaways as Circuit Split Takes Shape

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Employers in the 3rd Circuit just received a warning that they cannot use federal court injunctions to halt NLRB proceedings, even when claiming that the Board’s structure is unconstitutional. Last week, the federal appeals...more

Vinson & Elkins LLP

5 Strategies to Reduce the Risk of a DOJ False Claims Act Investigation

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The Department of Justice (DOJ), via messaging from its leadership, has made clear it will prioritize and pursue aggressive civil False Claims Act (FCA) enforcement against companies that receive federal dollars....more

Robins Kaplan LLP

After centuries of courtroom battles, states breathe new life into undue influence claims

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When a person manipulates someone into changing their will, what’s a family member who finds themselves cut out of an inheritance to do?...more

ArentFox Schiff

Investigations Newsletter: CVS to Pay $37.8 Million to Settle Overbilling Claims

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CVS to Pay $37.8 Million to Settle Overbilling Claims - CVS Pharmacy, Inc. agreed to pay $37.8 million to settle several lawsuits in which the United States intervened that alleged that CVS over-dispensed and overbilled...more

Epstein Becker & Green

State Cannot Immunize Parties from Federal Civil Liability - SCOTUS Today

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While we U.S. Supreme Court practitioners and observers await decisions in several already-argued cases of great significance regarding the separation of powers and executive authority, the Court this morning issued a per...more

Seyfarth Shaw LLP

California Employment Contracts Must be Updated by January 1, 2026 for Stay-or-Pay Reforms

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Effective January 1, 2026, new California law prohibits stay-or-pay clauses in contracts of employment with limited exceptions. Under new Section 16608 of the California Business and Professions Code, effective January...more

PilieroMazza PLLC

SBA’s 8(a) Program Audit Starts—PilieroMazza Launches “8(a) Audit Response Task Force” to Help Clients Handle the Holiday Gift No...

PilieroMazza PLLC on

On December 5, 2025, the Small Business Administration (SBA) issued formal data and document requests (linked here) to certified 8(a) Business Development Program participants. This follows SBA’s June 2025 announcement that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Circuit Split Deepens as Fifth and Sixth Circuits Deny Enforcement of NLRB’s Enhanced Remedies in Labor Cases

Two recent Fifth and Sixth Circuit appellate decisions have deepened a circuit split over the authority of the National Labor Relations Board (NLRB) to force employers to pay for the foreseeable harms stemming from unfair...more

Troutman Amin LLP

DEFAULT DAMAGE: 77 Calls Equals $130,900.00 in Barton’s Pocket–and It Could Have Been Worse

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Repeat litigator Nathan Barton is feeling quite strong and good today. He just nicked a TCPA defendant for nearly $131k on a default basis– in a claim involving 77 allegedly unwanted calls....more

Miller Nash LLP

Do Quantum Meruit Claims in Construction Exist Anymore?

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On November 13, 2025, the Oregon Court of Appeals published Seabold Construction Co., Inc. v. KOZ 2211 SW 4th Avenue, LLC, 344 Or App 688 (2025)—a decision that could signal the death knell for quantum meruit (unjust...more

McDermott Will & Schulte

No escape from fees and sanctions for reckless litigation conduct

The US Court of Appeals for the Federal Circuit affirmed attorneys’ fees awards against EscapeX IP, LLC, finding the case “exceptional” under 35 U.S.C. § 285, and upheld sanctions under 28 U.S.C. § 1927 based on counsel’s...more

Ladas & Parry LLP

Nationwide Injunctions: A Substantive View Considering Recent Headline Buzz Words

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Introduction - Nationwide injunctions - Comparing the June 27, 2025 Supreme Court Trump v. CASA decision to a Seventh Circuit decision in Spring, 2025, Republic v. BBK underscores the distinction between the...more

Troutman Amin LLP

WHERE ARE WE HEADED?: That Time 49 States Filed a 245 Trillion Dollar Lawsuit Against a Teleco Carrier and the Case Really Didn’t...

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Just a fascinating one for you. So a couple years back basically all 50 states–Alaska and South Dakota did not originally sue, but the FCC and the AG for DC did, and then South Dakota did eventually– sued a guy named Michael...more

Segal McCambridge

Legislative Update: New York’s “Grieving Families Act” Has Been Delivered to Governor Hochul

Segal McCambridge on

The “Grieving Families Act” has passed New York’s Assembly and Senate and was forwarded to Governor Kathy Hochul on December 1, 2025. This controversial proposed legislation provides for the types of damages that may be...more

Troutman Amin LLP

SETTLEMENT REJECTED: $700k TCPA/CEMA Resolution Deemed Insufficient By Court

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A common TCPA issue when state Mini-TCPA statutes are involved is determining who is subject to the state laws given that cell phone users might use area codes for a state but not live in that state....more

Farrell Fritz, P.C.

Constructive Trust Claims

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Constructive trust claims regularly arise in trusts and estates litigation.  Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: EscapeX IP, LLC c. Google LLC

Our Case of the Week concerns an attorney fee award in a lawsuit filed by non-practicing entity EscapeX against Google. Following various forms of exceptional conduct, the Court awarded fees, and then further awarded fees...more

Patterson Belknap Webb & Tyler LLP

Judge Blasts Defendant For Ignoring Discovery Obligations and More

You take note when an opinion by an experienced bankruptcy judge says a party’s “failure to perform basic discovery responses and participation in litigation . . . has been breathtaking. I have seen a lot, but I have not seen...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Launch Date, Not ANDA Filing Used for Hypothetical Negotiation in ANDA Case

In a Hatch-Waxman case, the District of Delaware denied a motion for summary judgment seeking to apply the ANDA filing date as the date of the hypothetical negotiation used to calculate reasonable royalty damages. Instead,...more

McGlinchey Stafford

Second Department Applies “Injury-in-Fact” Requirement to Dismiss FDCPA Claims

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On November 19, 2025, the Appellate Division, Second Department reversed the trial court’s denial of defendant’s motion to dismiss claims alleging violations of the Fair Debt Collections Practices Act (FDCPA) for lack of...more

Constangy, Brooks, Smith & Prophete, LLP

Minor Breaches, Major Trouble: Why minor cyber incidents can lead to major legal fallout

When cyberattacks strike global giants, it’s front-page news. But what about the smaller breaches -- the ones that don’t make headlines? Increasingly, they’re making waves in courtrooms and regulatory enforcement agencies. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reexamination and Central Reexamination Unit – By the Numbers 2025 (Including Reflections on Related PTAB and District Court...

As we continue to follow the changes to AIA proceedings at the Patent Trial and Appeal Board (PTAB), we are also tracking the evolution of post-grant challenge strategy at the Central Reexamination Unit (CRU)....more

Shook, Hardy & Bacon L.L.P.

Swiss Re releases study on the rise of nuclear verdicts in the U.S., EPA extends deadline for national perchlorate drinking water...

Monthly newsletter Material Concerns: Legal Updates on Substances of Emerging Concern keeps clients informed on the latest legal, regulatory and scientific developments related to substances of emerging concern....more

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