Litigation

ESG and Class Action Lawsuits

2022 was a banner year for class action lawsuits. According to a Duane Morris analysis, “the aggregate totals of the top ten class action settlements […]

Get Back To Where You Once Belonged

It all began with The Beatles. Not long before they broke up for good, the Fab Four founded Apple Records and its parent company, Apple […]

Justices Skeptical About Patent Covering “Millions and Millions of Antibodies”

During arguments in Amgen Inc. v. Sanofi in late March, U.S. Supreme Court Justices expressed concern about the breadth of Amgen’s patent which addresses monoclonal […]

Prosecutors Likely To Have Fewer Tools After Upcoming High Court Rulings

Michael J. McCarthy, a former assistant DA in Manhattan now with the Kendall Brill & Kelly firm, anticipates two upcoming U.S. Supreme Court decisions weakening […]

Manufacturers Facing A Right-To-Repair Crackdown

Shackled hands before a collection of tools in open container.

Decades ago the antitrust plaintiff bar was targeting what was then called “aftermarket restrictions,” explains a post from law firm Latham & Watkins, but following […]

Dog Food Parody Label Doesn’t Amuse Jack Daniel’s. Now It’s Before The Supreme Court.

A bottle of what could be whiskey on a tray with two glasses, held up by the arm of a waiter.

Last month the Supreme Court heard oral arguments in Jack Daniel’s Properties Inc. v. VIP Products, a dispute that could shift the way courts balance […]

Securities Lawsuit Targeting Stanley Black & Decker Cites “Macro Factors”

Collage of images: wood house model, measuring tape, keyboard, calculator and color diagram.

A securities lawsuit targeting Stanley Black & Decker, a U.S.-based tool manufacturer said to be worth more than $11 billion, is an interesting example of […]

Plaintiffs Suing Medical Device Maker After Data Hack

Zoll Medical, a subsidiary of the Japanese firm Asahi Kasei Group, is facing a minimum of seven putative class actions by plaintiffs claiming they were […]

New Life For The False Claims Act

Symbolic illustration: Man looking through a telescope is standing on the dot of a question mark laid on its side, looking out over the question mark into the distance.

This could be a decisive year for the federal False Claims Act, with a case about the key issue of scienter now before the Supreme […]

No Board Liability In Executive Sexual Harassment Case At McDonald’s

Silhouette figures around a conference table, with a network of lines coming off the bottom of the tableau, as if they are relating and deliberating.

A judge in Delaware’s Court of Chancery has held that the McDonald’s Board of Directors was not liable for alleged breach of duty in connection […]