Civil Law

What Do Plaintiffs’ Lawyers’ Pre-Filing Press Releases Signify?

One of the procedural innovations the PSLRA introduced was the requirement that plaintiffs’ counsel who file a securities class action lawsuit complaint must issue a press release announcing the complaint’s filing and notifying prospective class members of the opportunity to seek to become lead plaintiff. Plaintiffs’ lawyers quickly realized the potential publicity value for them from this exercise. Over time, related practices have developed, including the now commonplace practice in which plaintiffs’ lawyers issue a press release before they have … Read the rest

Civil Law

Company refuses to recall apricot products despite FDA warning of possible cyanide poisoning

The FDA is warning consumers against consuming Apricot Power products because of the presence of the toxic compound amygdalin, which can lead to cyanide poisoning.

Following receipt of a complaint and sample results, the Food and Drug Administration notified Apricot Power of the results and initial concerns. On May 8, the firm declined to recall the products. Upon additional assessment of the findings, the FDA held a follow up call with the firm to share the risks associated with these … Read the rest

Civil Law

EU AI Act Is Now Adopted

On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final seal of approval from the EU legislators. The text will officially become law once it is signed by Presidents of the European Parliament and of the Council and published in the Official Journal of the EU. This could take place within the next … Read the rest

Civil Law

Some Resources & Updates Relating to Genetic Testing for Paternity

We have written a couple of times about the 23&Me phenomenon and the chance that those who enter this unknown world come back not just surprised but possibly creeped out by their quest for ancestral knowledge. USA Today published on this recently and cited a 2022 study by Baylor University of 23,000 people who “took the test” related to their parentage. That study was published in the American Journal of Human Genetics in 2022. It found that 3% learned that … Read the rest

Civil Law

New York Requires Paid Lactation Breaks and Prenatal Leave (US)

New York’s recently approved 2024 – 2025 budget brings two major changes to the landscape of leave and accommodation laws that New York employers need to know about.

Paid Lactation Breaks

Effective June 19, 2024, all private sector employers (regardless of size) will be required to provide 30 minutes of paid break time to employees who need to express breast milk for a nursing child at work. Employees must also be allowed to use any existing paid break or meal … Read the rest

Civil Law

Climate Justice Denied: Ninth Circuit Dismisses Juliana v. United States

The environmental climate change case that has attracted the most attention, Juliana v. United States has come to an unceremonious end and all Americans should be concerned. On May 1, 2024, the Ninth Circuit Court of Appeals ordered, “The district court is instructed to dismiss the case forthwith for lack of Article III standing, without leave to amend.”

Without regard to one’s perspective on the merits of the claims, the dismissal of this case after nearly a decade … Read the rest

Civil Law

Smith v Fonterra: A Climate Change Litigation Development

The Supreme Court of New Zealand recently overturned strike-out decisions to allow climate change claims (involving a new climate tort) to proceed to trial.

Background

In 2022, Michael Smith, a Māori tribal elder and the climate change spokesman for the Iwi Chairs Forum, a national forum of tribal leaders, brought proceedings against seven corporate defendants, alleging that they were collectively responsible for one-third of New Zealand’s greenhouse gas emissions in 2020-2021.

Mr Smith sought a declaration that the seven defendants … Read the rest

Civil Law

Webinar Recap! Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests

We invite you to watch our webinar, “Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests.” Our multi-disciplinary team, comprised of Michael Wexler, Robert Milligan, Kate Perrelli, Suzie Saxman, Marc Fosse, and Cary Burke, dissected the ramifications of the new FTC rule banning most non-competes with workers and provided invaluable insights into how it impacts a variety of aspects of many businesses. 

Here are the key takeaways from the webinar:

  • Labor: The FTC rule
… Read the rest