The Third Circuit ruled Thursday that Pennsylvania environmental regulators properly banned sales of water from springs that were contaminated with E. coli, reasoning that the seller never backed up his claims that his constitutional rights were violated.
The U.S. Environmental Protection Agency on Thursday asked the U.S. Department of Justice to pause all litigation over regulations issued under former President Donald Trump, writing in a letter that the agency's new administration would be reviewing the underlying rules.
A New York consumer has hit Royal Oak Enterprises LLC with a proposed class action, accusing the company of fraudulently mislabeling its "100% All Natural Hardwood" charcoal when the product actually contains harmful chemicals and does not deliver a "cleaner burn."
The Yakama Nation General Council has hit winemakers and sellers with a suit in Washington federal court, claiming the companies have been illegally using the tribe's name and that of 19th-century tribal chief Kamiakin on wines.
The D.C. Circuit on Friday affirmed the dismissal of a suit brought by a Thai restaurant and two of its chefs challenging a consular officer's denial of visas to the workers, finding that a U.S.-Thailand treaty doesn't overcome a doctrine barring courts from reviewing such decisions.
State legislatures have kicked off their 2021 legislative sessions in capitals across the U.S., introducing and reintroducing a flurry of cannabis-related bills, aimed at everything from worker protections for cannabis patients to full legalization. Here are some of the bills that saw movement in the past week.
The Ohio attorney general on Friday asked a federal district court to approve a settlement with Wine.com after the online wine retailer and several others were accused of depriving the state of tax revenue.
Bankrupt casual eatery chain Ruby Tuesday received court approval Friday for its plan to pay bonuses to a handful of key executives after a Delaware judge said the benchmarks for earning the extra pay provided a performance incentive.
A former Massachusetts prosecutor with a commitment to climate change issues, law professors and government veterans with extensive Clean Air Act experience and green group litigators are some of the top federal officials who began working in the Biden administration Thursday and Friday.
Ironstate Development has landed $90.5 million in financing from a McCarter & English-counseled lender for a pair of New Jersey multifamily properties, a deal Ironstate's broker Jones Lang LaSalle announced Friday.
President Joe Biden on Thursday instructed federal regulators to quickly boost COVID-19 safety protections for workers, issuing an executive order stating that "science-based guidance" is needed to reduce the risk of contracting the virus.
Verizon has escaped a $28 million lawsuit accusing it of spreading COVID-19, a coronavirus tracking application says Apple blocked it from its App Store to limit competition, and Enterprise wants an appeals court to consider whether the pandemic falls under the WARN Act's natural disaster exception.
The Biden administration delayed asylum restrictions on Thursday and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations.
Trader Joe's asked a California federal judge on Tuesday to dismiss a class action accusing the grocery giant of mislabeling its vanilla almond cereal, arguing that the suit is the latest in a wave of spurious suits over artificial vanilla flavoring launched by the proposed class's attorneys.
Fishing groups told the U.S. Supreme Court on Thursday that a day one executive order by President Joe Biden including a promise to "restore and expand" national monuments proves that their challenge to presidents' authority to create offshore monuments is ripe for the plucking.
A California federal judge granted Travelers Indemnity Co.'s bid to toss a Los Angeles restaurant's suit seeking COVID-19-related loss coverage, ruling that the eatery failed to allege a "direct physical loss" and that coverage is barred by the policy's virus exclusion.
McDonald's asked the D.C. Circuit for a chance to defend a National Labor Relations Board decision that ended closely watched litigation over whether the fast-food giant could be held jointly liable for violations of federal labor law committed by its franchisees.
Steak 'n Shake has asked the Texas Supreme Court to review an intermediate court's order sending a former employee's decade-old sexual assault case against the burger chain to trial, arguing the intermediate court wrongly searched through the case's record for evidence to support its decision.
A former Chicago plant operator for Liquid Environmental Solutions claims he was fired for reporting his then-employer to environmental regulators for not properly separating grease from treated water and then discharging unsuitable water to the city.
The United Food and Commercial Workers Union on Thursday condemned a round of layoffs Instacart announced earlier this week that would include the only unionized workers at the company.
Supermarket chain Southeastern Grocers on Thursday launched an initial public offering steered by Weil Gotshal & Manges LLP and underwriters counsel Latham & Watkins LLP that could see the company raise roughly $134 million at the midpoint.
Post Foods LLC can't dismiss a lawsuit alleging that the cereal company should pay workers for pre- and post-shift activities, a Michigan federal judge ruled, finding the workers might be eligible for compensation for activities after changing in and out of uniform.
Texas bikini and latex clubs have asked the state's Supreme Court to reverse a ruling upholding a fee on clubs whose dancers cover themselves with liquid latex, arguing that the rule imposing the fee conflicts with statute and legislative intent.
Major League Baseball and its players union urged a California federal judge Thursday to hold a former pitcher-turned-health supplement pitchman in civil contempt for failing to pay court-ordered sanctions in their nine-year fight over a banned growth hormone and asked that his lawyer be made jointly liable for the sanctions.
Frito Lay Inc. and a proposed class of buyers have agreed to end litigation alleging that the company's cheddar and sour cream chips are misleadingly labeled, asking the California federal judge to dismiss the suit.
Attorneys at Cozen O'Connor analyze key provisions of the U.S. Small Business Administration's two new interim final rules regulating first-draw and second-draw loans under the reinstituted Paycheck Protection Program.
While the reasonable consumer standard for evaluating product packaging disclosures may seem ambiguous, the Ninth Circuit's reliance on the standard in its recent dismissal of false labeling class claims in McGee v. S-L Snacks helps clarify what a consumer must pay attention to on a label, say Robert Guite and Abby Meyer at Sheppard Mullin.
Attorneys at Cozen O'Connor provide an overview of the recently reinstituted Paycheck Protection Program's provisions for new borrowers to receive loans and existing borrowers to receive additional funding, and the U.S. Small Business Administration's startup of the program.
Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.
Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.
As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.
No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.
Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.
In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.
Life sciences companies can draw important insights from the many dismissal opinions that federal courts issued during 2020 in securities actions arising from adverse U.S. Food and Drug Administration actions and clinical development setbacks, say Yvonne Puig and Peter Stokes at Norton Rose.
"Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.
The Eleventh Circuit's recent decision in Fox v. Ritz-Carlton highlights the open question of what damages are available in "improper fee" cases under the Florida Deceptive and Unfair Trade Practices Act, says Aaron Weiss of Carlton Fields.
Companies can expect numerous changes to food and beverage regulation in 2021 — including new leadership at the U.S. Food and Drug Administration and the U.S. Department of Agriculture, more stringent enforcement efforts by the agencies, further use of virtual inspections, and progress in regulatory approvals for hemp and CBD products, say Robert Hibbert and Ryan Fournier at Wiley.
Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.
Although derivatives traders are permitted to trade on their own material, nonpublic information to hedge risk, recent U.S. Commodity Futures Trading Commission enforcement actions highlight the distinction between legal and illegal use of nonpublic information unique to these markets, says CFTC Chairman Heath Tarbert.