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In CRA International, Inc. v. duPont Registry Group, the U.S. District Court for the District of Massachusetts examined whether a plaintiff can elevate a simple nonpayment dispute...

Yesterday, 14 August 2024, a United States District Court issued a decision in Securities Industry and Financial Markets Association vs. Ashcroft finding that a pair of "anti-ESG"...

This episode examines two significant appellate court decisions that reshape the landscape of trade secret litigation. The Federal Circuit's statute of limitations ruling resulted in the elimination of a substantial verdict, while the Sixth Circuit provided crucial clarification on the evidentiary requirements plaintiffs must meet when pursuing preliminary injunctive relief.

Government enforcement partners Chris Conniff (New York) and Jim Dowden (Boston), and securities litigation associate Brendon Carrington have written "Insider Trading Sentences Get Extra Bite" for the May 7 issue of Compliance Reporter.

A California Court of Appeal reversed a $43 million judgment in a misclassification case, finding the trial court committed multiple prejudicial errors in handling class certification and trial procedures. The appellate court criticized the trial court's approach to representative testimony, affirmative defenses, and the appointment of a referee without party consent, while also addressing proper calculation methods for PAGA penalties in a related case.

In Kincaid v. Wells Fargo Securities LLC, et. al., U.S. Magistrate Judge Paul J. Cleary denied Plaintiff's Motion for an Adverse Inference Instruction, holding that the plaintiff failed to prove that any relevant evidence was destroyed or withheld.

In a recent case, U.S. Magistrate Judge Frank Maas denied the defendant's motion for sanctions, holding that although the plaintiffs' third-party consultant had a duty to preserve evidence, the defendant failed to demonstrate any resulting prejudice.

One of the hot issues in the courts is whether an employer can require its employees to sign an arbitration agreement which waives the right to bring a class or collective action.

The PFAS landscape is evolving quickly, bringing new challenges and opportunities for organizations across the public and private sectors. This discussion explores recent legal and regulatory developments, funding opportunities for cleanup and infrastructure improvements, and emerging litigation trends.

The CFPB, DOJ and FTC filed a joint amicus brief urging the Supreme Court to overturn a Tenth Circuit appellate decision upholding an award of costs to the defendant under Federal Rule of Civil Procedure.

A Michigan federal court has granted final approval of a class action settlement against a creditor law firm and affiliated debt buyers over allegedly excessive post-judgment interest charges in debt collection proceedings. The case centered on whether a 13% interest rate—Michigan's maximum for judgments on written instruments—was improperly applied to judgments that did not involve written instruments. Eligible class members whose judgment balances were reduced to zero will receive $150 monetar

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.

In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government's...

Trade creditors achieved a significant victory in Center City Healthcare LLC v. Medline Industries Inc., where the Delaware District Court confirmed that pre-petition collection activity alone does not defeat the ordinary-course-of-business defense in preference claims. The court also validated the use of RMA industry data to prove the objective OCB defense, offering trade creditors clearer guidance on mitigating risk and defending against bankruptcy preference actions under Section 547 of the Bankruptcy Co

The Federal Circuit examined whether the term "about" in a patent claim creates indefiniteness when the intrinsic evidence provides inconsistent guidance on permissible deviations from a specified pH range. The court analyzed working examples showing varying tolerances and prosecution history revealing contradictory treatment of the term, ultimately determining whether a skilled artisan could understand the claim scope with reasonable certainty.

Changes to the Federal Rules of Civil Procedure, due to go into effect in December 2015, will change the scope of discovery, the timing of document requests, and the rules for responding to document requests.

At the Annual Berkeley-Stanford Advanced Patent Law Institute, panelists including U.S. Circuit Judge Kara Farnandez Stoll and U.S. District Judge Alan D Albright offered an in-depth look at the latest developments in patent law and practice.