Lawsuits against employers allegedly violating the Fair Credit Reporting Act (FCRA) when conducting employee background checks have been continuously increasing. One of the factors behind this significant shift includes the highly technical FCRA requirements that are oftentimes prone to violations.
Depositions play a crucial role in insurance coverage disputes, especially in cases involving bad faith claims. However, taking or defending against bad faith claims in an insurance dispute can be tricky. Thus, the need for policyholders and insurers to develop an efficient deposition strategy.
Preference claims in bankruptcy litigation have long been a subject of concern among creditors. As significant cases continue to refine and expand this legal landscape, litigators must always expect the emergence of new complexities that may reshape how they defend their clients.
Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.
The consumer finance industry has been shifting because of the challenges brought by the COVID-19 pandemic. The crisis instigated a profound economic impact on consumer finance companies and spurred financial disputes and litigation.
Breach of fiduciary duty lawsuits have been continuously penetrating the business litigation landscape. With claims ranging from theft and self-dealing to usurpation of corporate opportunity, cases can involve partners, shareholders, or creditors.
Litigation finance continues to rise and become a substantial financing tool for everyone today. Because law firms and corporate clients greatly suffered from liquidity constraints and unstable balance sheets brought by the pandemic, they have begun looking for alternative ways to finance legal disputes by engaging with litigation funders. Notably, the increased access to litigation finance has offered considerable advantages and has been widely recognized by bar associations and courts.
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.
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 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.
Since the onset of the COVID-19 pandemic, the number of consumer class action lawsuits drastically upsurged in various industries. The regulatory paradigm has also significantly evolved with recent court decisions shedding light on future class action lawsuits. As the landscape remains uncertain, businesses and their counsel should keep themselves in the know of any emerging development in this field of law. They must also plan for effective litigation strategies to avoid mishaps.
Numerous policy changes and trends concerning wage and hour have made the landscape more complicated and challenging. Recently, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released six opinion letters which aimed to address a raft of issues under the Fair Labor and Standards Act (FLSA).
Recent and emerging developments continue to reshape the regulatory landscape of cannabis industry. On February 8, 2021, various companies and advocates founded the United States Cannabis Council (USSC) which is regarded as one of the largest cannabis unions to date.
The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities.
Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.
