Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with William E. Moschella, a Shareholder in the firm’s Washington, DC office. On January 14, 2019, the Department of Justice quietly released a new Office of Legal Counsel … Continued
Jeffri A. Kaminski, Venable LLP The future of patent-infringement challenges under 35 U.S.C. § 101 may be in the hands of the Solicitor General of the United States. The defendant in Berkheimer v. Hewlett Packard petitioned the U.S. Supreme Court to grant certiorari and overturn a U.S. Court of Appeals for the Federal Circuit decision … Continued
Civil litigation is waged through a series of small battles between plaintiff’s and defendant’s counsel. One initial battle, which can be outcome-determinative, involves where suit can be filed. Plaintiffs’ lawyers want to be in courts in which “friendly” judges preside, while defense counsel want no part of such jurisdictions. U.S. Supreme Court decisions from the … Continued
Featured Expert Contributor, Mass Torts—Asbestos Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA In Whelan v. Armstrong International, the New Jersey Supreme Court has agreed to hear an appeal that will decide a manufacturer’s liability for asbestos-containing replacement parts that it did not manufacture or sell. The Supreme Court … Continued
Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with William E. Moschella, a Shareholder in the firm’s Washington, DC office. Back in November 2017, then Attorney General Jeff Sessions issued a memorandum entitled “Prohibition on Improper … Continued
Debate over whether the Americans with Disabilities Act’s (ADA) applies to websites has been raging for years—mostly in the federal courts. As happens all too often, federal legislators and regulators have remained mostly mute, leaving judges to resolve this thorny question. This default appeal to the judiciary, which has produced divergent decisions, deprives website owners … Continued
Featured Expert Contributor—Civil Justice/Class Actions Frank Cruz-Alvarez, Shook, Hardy & Bacon L.L.P., with Rachel Forman, Shook, Hardy & Bacon L.L.P. California is broadening the legal landscape of food-labeling class actions to the dismay of the food and beverage industry. The Southern District of California in Hilsley v. Ocean Spray Cranberries, Inc. et al. has thrown … Continued
Featured Expert Contributor, Corporate Governance/Securities Law Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law. In the wake of the Delaware Chancery Court’s pathbreaking decision in the Trulia case,1 which sharply increased the scrutiny given settlements of cases challenging mergers and other takeovers, there has been a dramatic shift of … Continued
The executive power of this nation would, James Madison wrote in Federalist 48, be “restrained” within a “narrow compass.” The judicial power could, in his view, be “described by landmarks still less uncertain.” It was against “the enterprising ambition” of the legislature, he believed, that “the people ought to indulge all their jealousy and exhaust … Continued
Today’s Supreme Court argument in Knick v. Scott Township made clear that state and local governments are playing Whack-a-Mole with private property rights. Whack-a-Mole is the arcade game in which every time a mole is whacked down, a new one pops up. At issue in Knick is whether to overturn the Court’s 1985 Williamson County … Continued