New York Partners Adam Schwartzstein, James Strauss, and Jennifer Harris recently secured a dismissal of a personal injury plaintiff’s complaint on summary judgment, with a New York federal judge agreeing with their argument that the plaintiff had not suffered a “serious injury” as defined by New York Insurance Law §5102(d).
Read moreOn April 24, 2024, President Biden signed into law the 21st Century Peace Through Strength Act, Pub. L. 118–50 (H.R.815), to provide military aid to Ukraine, Israel and Taiwan. Enacted as Division H of that law is the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which stipulates that unless the Chinese-owned social-application network TikTok is sold within 270 days (subject to a one-time extension of up to 90 days), TikTok can no longer operate in the U.S. The Act is meant to end years of political debates over whether TikTok should be permitted to operate in the U.S. The Act also gives the President of the United States standing authority going forward to ban on national security grounds other applications with at least one million active users owned by a person or entity in a “foreign adversary country.”
Read moreLos Angeles Partner Tony M. Sain, with Associate Tori Bakken and law and motion Partner Abigail McLaughlin, recently secured a defense jury verdict in a restraint-related wrongful death civil rights case on behalf of a law enforcement agency in Southern California.
Read moreOn April 23, 2024, the Federal Trade Commission decided by a 3 to 2 vote to approve regulations that would ban most non-compete clauses for employees. This regulation may affect more than 30 million contracts. Specifically, the Commission determined it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into non-compete agreements with workers and to enforce those agreements. If implemented as passed by the FTC, this regulation would not only nullify most existing non-compete agreements, but also expose employers who seek to enforce such agreements to significant penalties.
Read moreThe General Court of the European Court of Justice recently overturned a determination by the European Union’s (EU) executive body, the European Council (EC or Council), to sanction two prominent Russian oligarchs in connection with their alleged support of the Russo-Ukrainian conflict. In reaching this decision, the General Court accorded almost no deference to the prerogatives of the EC, making it clear that sanctions are subject to a searching judicial review.
Read moreA California appeals court's 2021 ruling in Qaadir v. Figueroa, which allowed attorney referrals and unpaid lien-based medical bills to be admitted into evidence in a personal injury case, remains an important precedent for the defense bar.
Read moreThe U.S. Supreme Court's recent holding in Muldrow v. City of St. Louis, rejecting a materially significant disadvantage analysis for Title VII lawsuits over job transfers, could increase employers' exposure to such litigation.
Read moreIn MACQUARIE INFRASTRUCTURE CORP. v. MOAB PARTNERS, L.P. the U.S. Supreme Court held that pure omissions are not actionable under Rule 10b–5(b)
Read moreOn April 12, 2024, the United States Supreme Court issued a unanimous decision in favor of a landowner who asserted that legislatively imposed land use and permit fees could be seen as violating the Takings Clause under the Fifth Amendment to the United States Constitution.
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