Noland v. Land of the Free, L.P., 2025 WL 2629868 (Cal. Ct. App. 2025) - Sylvia Noland asserted 25 causes of action against her former employer, including claims for wrongful termination, PAGA and other Labor Code...more
On August 29, 2025, United States District Judge Pamela K. Chen (E.D.N.Y.) granted Plaintiff Tools Aviation, LLC’s (“Plaintiff”) motion for reasonable attorney’s fees, finding the case “exceptional” pursuant to 35 U.S.C. §...more
The introduction of the Employment and Discrimination Tribunal (Procedure) (Jersey) Amendment Order 2025 (Order) has significantly altered the costs regime in the Jersey Employment Tribunal. Having previously been a no-cost...more
The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more
U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more
The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more
OVERVIEW: •On March 22, 2025, the Trump administration published a Presidential Memorandum titled: Preventing Abuses of the Legal System and the Federal Court. •The memo directs Attorney General (AG) Pam Bondi to seek...more
On December 11, 2024, the Supreme Court dismissed NVIDIA Corporation’s appeal, allowing a class action securities fraud case to move forward towards trial. The Plaintiffs originally brought the case in the United States...more
Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors. In many cases, the plaintiffs allege such...more
Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al....more
Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in...more
In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue. The Supreme Court case of Nealy v. Warner Chappell Music (argued before the...more
There has been a great deal of controversy about the use of Artificial Intelligence (AI) in all facets of life and now the legal field. My own firm has certain very restrictive rules about lawyers using AI, especially when...more
Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule...more
Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more
In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more
The days of plaintiffs’ firms making bank from frivolous litigation claims in Delaware are rapidly coming to a close. This positive development is yet another reason that Delaware-incorporated companies will want to consider...more
In the recent case of In re Conservatorship of DPV, Docket No 362139 (Mich Ct App July 27, 2023), the court explores when a court — here the probate court — can sanction a party for a “frivolous” filing....more
On July 28, 2023, the Michigan Supreme Court fundamentally altered the business and property owners’ landscape by upending a 20-year precedent. ...more
Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. Picking the wrong plaintiff can lead to delay, dismissal of claims, denial...more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
This article originally ran in Law360 on February 10, 2023. All rights reserved. Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more
On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more
The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued a slip opinion (subject to further revisions) Marengi v. 6 Forest Road LLC, SJC-13316 (December 14, 2022) setting the standard by which a court may require a...more