National Law Journal | Commentary
By Alan B. Morrison | June 5, 2023
Second Circuit ruling in the Purdue Pharmacy bankruptcy appeal raises the basic question of whether such releases are permitted at all, taking into account the court's conclusion that some limits are essential, although not found anywhere in the Bankruptcy Code.
National Law Journal | Commentary
By Bill Schuette and Rusty Hills | May 31, 2023
The private sector can develop innovative carbon-reducing technologies the more it is encouraged to do so. Suing energy producers over meritless claims, alleging consumer deception, and public nuisance lawsuits don't help with that one bit.
National Law Journal | Commentary
By Matt Modell & Harlan Rosenson | May 24, 2023
Despite a most recent string of acquittals, the DOJ appears committed to keep challenging non-solicitation and no-poach agreements.
National Law Journal | Commentary
By Sandra Stern | May 22, 2023
'As a female graduate of Harvard Law and contemporary of Justice Breyer, I can attest that things were not only as bad as described, but even worse.'
National Law Journal | Commentary
By Alan B. Morrison | May 18, 2023
The newest version of U.S. News law school rankings has some sensible changes, as well as some problematic elements, but the bottom line is that the dramatic shifts in methodology for the overall rankings is fatally flawed.
National Law Journal | Commentary
By Louis Lehot, Eric Chow and Brandee Diamond | May 17, 2023
No one can predict the lasting effects of an economic downturn for certain and whether tech M&A activity will ebb or flow. However, current economic conditions present many aspects of the ideal buyer's M&A market.
National Law Journal | Commentary
By Steffen N. Johnson and Michael W. McConnell | May 11, 2023
SCOTUS' recent decisions—Axon Enterprise v. Federal Trade Commission and Securities and Exchange Commission v. Cochran—are like curtain-raisers at the start of a dramatic and unpredictable play with broad implications for the future of federal agencies.
National Law Journal | Commentary
By Julie N. Green and Randi J. Martz | May 10, 2023
We are seeing a trend in California in which certain courts are increasing their scrutiny of the administrator selection process—a trend that may continue across more state and federal courts.
National Law Journal | Commentary
By Karen Sebaski | May 8, 2023
Although the federal government has not yet passed comprehensive legislation specifically governing AI technology, a patchwork of state and local laws to address such challenges have started to develop.
National Law Journal | Commentary
By John Coleman and Michael S. Chu | May 4, 2023
The CFPB said months ago that its agenda would bog down if the Supreme Court refused to expedite review of the Fifth Circuit's holding that the bureau's funding structure was unconstitutional. In declining expedited review, SCOTUS effectively ensured that the CFPB's ability to enforce legally binding obligation would almost grind to a halt.
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