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National Law Journal

Arguing Class Actions: In Defense of Defendant Class Actions

Arguing Class Actions is a monthly column by Adam J. Levitt for the National Law Journal.
7 minute read

National Law Journal

FAA Privacy Law for Private Jets Won't Stop Taylor and Elon From Popping Up on IRS's Radar

Section 803 of the FAA Reauthorization Act of 2024, signed into law last month, requires the FAA to establish "a process by which, upon request of a private aircraft owner or operator, the administrator withholds the registration number and other similar identifiable data or information ... for the noncommercial flights of the owner or operator."
7 minute read

National Law Journal

Predictions for What the 2023 Merger Guidelines Mean in the Health Care Industry

The revamped guidelines are yet another tool for the agencies to use as they seek to push back against consolidation— particularly with respect to cross-market and vertical mergers that the agencies have previously had less success in challenging.
8 minute read

National Law Journal

Politicians With Social Media Accounts. Litigation Is Around the Block for Them—Literally.

One of the most powerful tools on social media is the "block" feature. It allows a social media user to silence the haters and drown out the critics, while curating a more friendly social media feed. But after the U.S. Supreme Court decisions in Lindke v. Freed and O'Connor-Ratcliff v. Garnier, public officials across the country may have just lost their most powerful social media tool—and litigation is surely to follow.
5 minute read

National Law Journal

Arguing Class Actions: Who Has Home-Field Advantage Post Bristol-Myers Squibb?

Arguing Class Actions is a monthly column for the National Law Journal written by DiCello Levitt's Adam J. Levitt.
8 minute read

National Law Journal

Arguing Class Actions: 'Nuclear Verdicts'—Opportunistic Alarmism Disguised as Advocacy

What qualifies as a "nuclear" or "shock" verdict is apparently defined as jury awards as low as $10 million, the implication being that any verdict exceeding seven figures surpasses what they would have one believe is a "reasonable" or "rational" plaintiff's verdict, writes contributor Adam J. Levitt.
7 minute read

National Law Journal

The DOJ Has Enhanced the Roles of Victims and Witnesses in Its Resolved Matters: Are Companies Ready?

DOJ prosecutors' insistence they must ensure victims and witnesses are more fully apprised and heard is already imposing additional demands on companies (and individuals) settling charges, changing the sentencing playing field considerably. Companies need to understand how these enhanced demands will affect their resolution expectations with the DOJ or risk being surprised by queries and demands not in mind when they agree to settle.
9 minute read

National Law Journal

More Reasons to Deny Releases to Nondebtors in the Purdue Bankruptcy

Even if the U.S. Court of Appeals for the Second Circuit were right that some releases are permitted, there are many other significant questions about who is entitled to a release, and under what circumstances, on which the statute provides absolutely no guidance, writes contributor Alan B. Morrison.
5 minute read

National Law Journal

Call Your Next Witness: Moving Toward a More Efficient and Equitable Criminal Investigation Process

This article addresses the consequences of federal prosecutors increasingly opting to label likely-guiltless parties as "subjects" rather than "witnesses" and suggests how clarity could be provided moving forward.
7 minute read

National Law Journal

Does Law School Have to Suck? (Part 3)

There is a mental health crisis in the legal profession, and it starts in law school. In a recent survey of law students, half reported feeling depressed, and three-quarters reported that law school increased their anxiety. (Part 3)
9 minute read

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