As intellectual property (IP) becomes more vital to many organizations, it is also becoming an attractive target for theft and infringement. Recent statistics have shown that IP theft in the U.S. jeopardizes millions of jobs and billions of dollars annually.
The number of class action lawsuits across industries has significantly proliferated over the years, creating a profound impact on the regulatory and litigation landscapes. Because of this, the climate of class action litigation continues to remain uncertain and the need to be abreast of any emerging development must always be underscored. More importantly, businesses and their counsel must keep themselves in the know of the latest regulatory updates and up-to-date litigation tools and strategies to successfully win this type of lawsuit.
Since the onset of shutdown orders due to COVID-19, business owners have turned to their insurance policies to seek coverage for lost revenue and other pandemic-induced expenses. Insurers have generally denied business interruption coverage to these claims, referring to policy requirements for direct physical loss. Policyholders have brought their claims to the courts and, in most cases, judges have ruled in favor of the insurers. However, this trend is expected to change as plaintiffs start to find the weaknesses of the defendants’ arguments.
The growing problems caused by toxic work environments, client issues, and heavy workloads in the legal profession are the prevailing reasons for the increasing number of legal experts suffering from substance use and other mental health issues. These, along with other challenges that are further worsened by the COVID-19 pandemic, emphasize the need for lawyers, law firms and organizations to come up with wellness programs and initiatives that will mitigate the risks of professional dysfunction and maintain the well-being of lawyers.
As the world grapples with various public health protection orders in response to the COVID-19 pandemic, reports of widespread price gouging among different states have added a significant level of burden to both the public and the government sectors.
Effectively-handled depositions provide a strong foundation in prosecuting or defending cases. However, with several legal developments continuously shaping the landscape along with the changes brought by the implementation of remote depositions because of the pandemic, handling a deposition has now become more challenging and complex.
Construction claims are considered as one of the most complex types of dispute. Because of its complexity, involved parties oftentimes choose between litigation and arbitration as a dispute resolution tool.
The protection of trade secrets and other confidential information is paramount to employers. However, with the increasing number of trade secret-related claims in employment litigation, companies are not only posed with threats of internal theft, but are also confronted with the challenge of safeguarding their assets.
The patent law landscape evolves at an accelerating pace, making it a challenge for patent law experts to navigate the Patent Trial and Appeal Board (PTAB) minefield every year.
To improve the public's ability to make timely filings and ensure the protection of staff and public filers from potential security risks, the Federal Energy Regulatory Commission (FERC) issued Order No. 862 which encourages the use of electronic filings. The FERC also issued policy clarification and requirements for the public to ensure the validity of compliance in response to a request for an alternative in case eFiling does not work.
Several common measurements and general methodologies are currently being used to calculate infringement damages in intellectual property (IP) lawsuits. To determine the most applicable ones, practitioners need to consider key facts and circumstances of a particular dispute.
Several issues and concerns continue to bring widespread complications in the pre-trial and evidentiary hearing procedures. Adding to these challenges is the imposed shift of standard practices to virtual hearings in aims to curtail the effects of COVID-19. However, because an individual presence is vital to obtain credible evidence, several courts have not been able to hold hearings remotely, resulting to delays. Thus, counsel to businesses and companies must remain cognizant of the practical strategies to carefully alleviate the risks and pitfalls.
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has been aggressively enforcing culpable businesses that violate its regulatory policies. As part of these efforts, the framework for OFAC Compliance Commitments was published in May 2019 to define the essential elements of an effective economic sanctions compliance program. Furthermore, stringent enforcement actions continue to take place even amidst the growing implications brought by the pandemic.
As racial justice becomes one of the top issues that concern employees across the globe, human resources departments in many organizations are taking steps to improve their workplace diversity and inclusion (D&I) policies. Many companies are now realizing the importance of D&I in boosting creativity and productivity in today’s workforce. However, many organizations still fail to achieve their D&I goals.
The past years have seen changing tides on the Americans with Disability Act (ADA) litigation landscape. The number of lawsuits filed in federal courts, which chiefly stemmed from alleged violations on websites and mobile application accessibility, has continuously increased. As regulatory developments and court decisions are yet to unfold, the ADA litigation landscape remains uncertain. Thus, businesses and their counsel must keep themselves in the know of any emerging update in this field of law. They must also revisit their practices to ensure ADA compliance and dodge potential lawsuits.
