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April 09, 2024 | The Legal Intelligencer

Searching for Yes: Defining Consent in Website Data Processing and Online Litigation

Liability under state WESCA claims turns on whether there was there an interception of a communication (and if so, where that interception took place), and whether the party whose communication was intercepted had granted consent. This article focuses on the third element—consent.
7 minute read
April 05, 2024 | National Law Journal

Biden's Judges Have Made the Judiciary More Diverse. How Are They Shaping the Law?

While it's likely too early to see major swings in the law, the president's appointees' individual opinions on criminal law and qualified immunity show the impact the judges' diverse professional backgrounds have on their jurisprudence.
9 minute read
April 05, 2024 | The Legal Intelligencer

Lawsuits Against Foreign Manufacturers Difficulties Obtaining Jurisdiction

Americans' reliance on and use of products designed, manufactured, and then imported to the United States from overseas creates significant legal issues when a consumer is injured, maimed or killed using one of these products. One very profound legal issue involves the challenge to obtain personal jurisdiction over a foreign manufacturer. We look briefly at this issue.
8 minute read
April 04, 2024 | National Law Journal

Antitrust Filings Saw Upswing in 2023, Legal Analytics Report Says

A surge in filings in the Nashville federal court made U.S. District Judge Waverly Crenshaw Jr. the most active antitrust judge in 2023.
3 minute read
April 04, 2024 | New York Law Journal

Appellate Division Clarifies RPAPL §881 Reimbursement Obligations

A discussion of 1643 First LLC v. 1645 1st Ave. LLC, issued by the Appellate Division, First Department which attempts to reconcile conflicting decisions about a petitioner's obligation to reimburse a respondent's professional fees in a proceeding held pursuant to Section 881 of the RPAPL. The article analyzes the history of these fees including when they are needed and how counsel can avoid a trial court denying a professional fee reimbursement request.
7 minute read
Law Journal Press | Digital Book Florida Domestic Violence: The Practitioner’s Handbook 2017 Authors: Andrew Wentzell View this Book

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April 03, 2024 | Texas Lawyer

No Objections: Smokehouse Creek Fire MDL Petition Approval Expected

One week before Xcel Energy publicly admitted its equipment ignited the Smokehouse Creek Fire, the company informed the SEC that plaintiffs' attorney advised the company to preserve the evidence.
6 minute read
April 02, 2024 | National Law Journal

Retired Justice Kennedy To Release Memoirs This Fall

Anthony Kennedy will offer his perspective on "major decisions on abortion, affirmative action, freedom of speech, gay marriage, separation of powers, and federalism," Simon & Schuster stated.
4 minute read
April 01, 2024 | New York Law Journal

Probable Cause and 'Bruen': Two Amendments Collide

Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
12 minute read
March 29, 2024 | Daily Business Review

These South Florida Yacht Brokers May Need Representation as Antitrust Class Surfaces

"Because this is such a big case, ... we expect other suits to follow," said Ricardo Martinez-Cid, of Miami's Podhurst Oreck.
5 minute read
March 29, 2024 | New Jersey Law Journal

Kirkland & Ellis Hired for Big Pharma Antitrust Suit

A 2020 verdict allowed Teva and other companies to produce generic versions of Vascepa. But Teva allegedly had to scale back its launch because of an inability to obtain the key ingredient, the suit said.
4 minute read

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