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Troutman Pepper Locke

Navigating FTC CIDs

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On March 10, Christopher Mufarrige, the newly-appointed Director of the Bureau of Consumer Protection at the Federal Trade Commission (FTC), published a blog explaining the significance of Civil Investigative Demands (CIDs)...more

McGuireWoods LLP

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

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Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more

Woodruff Sawyer

Securities Litigation Trends: Key Takeaways from a 2025 PLUS D&O Symposium Panel

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The 2025 PLUS D&O Symposium brought together leading voices in the professional liability space to discuss the evolving risks corporate leaders are facing. I was privileged to moderate the panel on securities litigation, a...more

Orrick, Herrington & Sutcliffe LLP

District court rejects CFPB’s efforts to pause lawsuit against bank

On March 10, the U.S. District Court for the Northern District of Texas denied the CFPB’s motion to pause its lawsuit against a bank, stating the Bureau failed to explain how a stay in litigation “would be in the interest of...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

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Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more

Akin Gump Strauss Hauer & Feld LLP

Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c) (Trump EO Tracker)

Establish a policy to enforce the Federal Rule of Civil Procedure 65(c) by requiring parties seeking injunctions against the Federal Government to cover the costs and damages incurred if the Government is ultimately found to...more

Maynard Nexsen

Eighth Circuit Court of Appeals Allows Lawsuit Challenging EEOC’s PWFA Rules to Proceed

Maynard Nexsen on

In a significant legal development, the Eighth Circuit Court of Appeals has ruled that a lawsuit brought by seventeen Republican-led state attorneys general challenging the Equal Employment Opportunity Commission’s inclusion...more

McDonnell Boehnen Hulbert & Berghoff LLP

Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2025)

Completing a recent jurisprudential "hat trick,"* the Federal Circuit affirmed a District Court grant of a preliminary injunction against a biosimilar applicant for Regeneron's EYLEA biologic drug in Regeneron...more

Tyson & Mendes LLP

Off the App, Off the Hook: Defeating Vicarious Liability

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A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more

Array

This Week in eDiscovery: Rulings on Rules | Let’s Meet at Legalweek

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of March 2-8. Here’s what’s...more

Kilpatrick

Supreme Court grants certiorari to address circuit split regarding uninjured class members

Kilpatrick on

Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more

McCarter & English, LLP

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more

Wiley Rein LLP

Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of...

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The Delaware Superior Court, applying Delaware law, has held that the exercise of personal jurisdiction over two nonresident insurers would violate due process where the coverage action did not arise out of, or was not...more

A&O Shearman

UPC revocation actions: What is a reasonable number of auxiliary requests?

A&O Shearman on

Two recent UPC decisions have provided some guidance on the admissibility and reasonableness of auxiliary requests in revocation actions. The court will look at the specific circumstances and complexity of the revocation...more

Foley Hoag LLP

Supreme Court Clarifies FSIA’s Expropriation Exception in Republic of Hungary v. Simon

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Key Takeaways: The U.S. Supreme Court unanimously held that a party cannot establish the U.S. commercial nexus required to invoke the FSIA’s expropriation exception by alleging a foreign state expropriated property in...more

A&O Shearman

Eastern District Of Wisconsin Dismisses Class Action Against Energy Products Company For Failure To Allege Falsity, Scienter, And...

A&O Shearman on

On February 7, 2025, Judge Brett H. Ludwig of the United States District Court for the Eastern District of Wisconsin dismissed a putative class action alleging that an energy product sales company (the “Company”) and its...more

EDRM - Electronic Discovery Reference Model

The Final Challenge: How GenAI Crafted BP’s “Impossible” Closing Argument

Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more

A&O Shearman

Southern District Of New York Denies Digital Asset Trading Company’s Motion For Judgment On The Pleadings

A&O Shearman on

On February 7, 2025, Judge Paul A. Engelmayer of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings in a putative class action against a cryptocurrency...more

McCarter & English, LLP

Federal Courts Decide on FCA Claims Actions

There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath. Three wage and hour dangers you may never see coming.

On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more

Awatif Mohammad Shoqi Advocates & Legal...

Registration of births for children conceived outside the institution of marriage

In the recent years, the UAE has brought about significant changes to its legal provisions regarding relationships between unmarried couples and children born outside the boundaries of a marriage. The law provides a...more

Bracewell LLP

Another CTA Freeze: Treasury Department Announces Suspension of Enforcement Against Domestic Reporting Companies

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If you have been following our reports on the subject, you know that the Corporate Transparency Act (CTA) had a tumultuous end to 2024 and start to 2025, with a series of court actions leading to oscillating reports about...more

ArentFox Schiff

Federal Circuit Refuses to Extend IPR Estoppel to Unadjudicated Patent Claims

ArentFox Schiff on

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different...more

Foley & Lardner LLP

Compounded GLP-1 Drugs: Texas Judge Denies PI Motion and Request for Stay of FDA’s Declaration that Tirzepatide Shortage is...

Foley & Lardner LLP on

On March 5, 2025, one U.S. District Court ruled unequivocally in the Food & Drug Administration’s (FDA) favor in the case, Outsourcing Facilities Ass’n, et. al. v. U.S. Food and Drug Admin., et. al., 4:24-cv-0953-P, slip op.,...more

Stinson LLP

Court Clarifies Nationwide Injunction Against Anti-DEI Executive Orders Applies to All Federal Agencies

Stinson LLP on

On March 10, 2025, a federal district court in Maryland clarified the scope of its February 21, 2025, nationwide injunction against enforcement of three key provisions in President Trump's executive orders targeting...more

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