Amicus Brief In Campbell-Ewald v Gomez (Rule 68)

The EFAA creates an exception to the Federal Arbitration Act (“FAA’) by allowing a person alleging conduct constituting workplace sexual harassment or sexual assault to invalidate arbitration agreements and to pursue his or her claims in court. 9 U.S.C. §§ 401–02.

Generative AI tools have quietly entered the expert witness process, and recent litigation developments show how exposed that process can become. Experts who use AI tools like ChatGPT or other LLMs to help draft reports may be creating a detailed, time-stamped record of their reasoning that opposing counsel can obtain and use to undermine the expert at deposition or trial.

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.

A federal court dismissed securities fraud claims against a gene therapy company, ruling that most challenged statements about product safety were non-actionable opinions supported by FDA approvals. The decision examined when corporate optimism crosses into actionable misrepresentation and what evidence suffices to establish scienter in pharmaceutical securities litigation.

A pro se litigant achieved a decisive victory against a major law firm in a TCPA case, with the Northern District of Texas court ruling that SMS messages constitute calls under the TCPA, cell phones qualify as residential lines for DNC purposes, and the plaintiff's ATDS allegations were sufficiently detailed to survive dismissal. This ruling marks the 15th federal district court to hold that text messages are calls, shifting the balance in an ongoing circuit split on this critical issue.

Courts are addressing new challenges in protecting confidential information when AI tools are used in litigation. Recent rulings establish frameworks for disclosure requirements, usage restrictions, and contractual safeguards that parties must consider when deploying AI platforms to process sensitive case materials.

For most businesses, claims filed by current or former employees are inevitable. Companies, especially those with particularly large workforces, must balance various interests when deciding what to do when faced with litigation, or the threat of litigation.

In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.

Office Depot faces a summary judgment loss in a TCPA class action after advancing multiple legally flawed arguments that undermined potentially valid defenses. The court rejected arguments on DNC registration requirements, good faith defenses, and Article III standing, while the defendant's credible positions on consent and phone usage may have been overshadowed by these missteps.

Closing arguments represent a trial attorney's final opportunity to shape jury deliberations by providing a persuasive framework for interpreting evidence and reaching a verdict. This analysis explores how experienced litigators craft compelling narratives, address weaknesses, and connect logic with emotion to guide jurors toward their desired outcome.

In a memorandum issued Jan. 20, 2025, President Donald Trump halted federal offshore wind energy leasing and directed federal administrative agencies to cease the issuance...

Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information.

The Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) issued on Jan. 22, 2025, takes aim at diversity, equity and inclusion programs at institutions of higher education.

On December 27, 2024, the United States Court of Appeals for the Second Circuit decided United States ex rel. Camburn v. Novartis Pharmaceuticals Corporation and joined a growing list...

On Jan. 21, 2025, President Donald Trump, alongside OpenAI CEO Sam Altman, Oracle Chairman Larry Ellison and Softbank CEO Masayoshi Son, announced a private sector plan to invest billions of dollars.

On Jan. 22, 2025, President Donald Trump issued a new executive order titled "Ending Illegal Discrimination And Restoring Merit-Based Opportunity," which revoked Executive Order 11246 and directs federal.

Criminal defendants accused of white-collar crimes often deal with lawyers before and even while engaged in their alleged criminal misconduct.

On Jan. 15, 2025, the U.S. Food and Drug Administration revoked its authorization for the use of Red Dye No. 3 in food and ingested medications.

On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers...

Another flurry of court activity has further muddied the Corporate Transparency Act (CTA) waters, leaving additional uncertainty about its enforceability.