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December 20, 2024 | The Legal Intelligencer

Plaintiffs Seek Redo of First Trial Over Medical Device Plant's Emissions

The plaintiffs claim that B. Braun Medical Inc.’s victory earlier this month came out of a trial marred by incorrect jury instructions and improper rulings on what testimony was and was not admissible.
4 minute read
December 20, 2024 | The Legal Intelligencer

The Forgotten Ballot: Expanding Voting Access for Incarcerated Populations

Pennsylvania law allows individuals incarcerated for misdemeanor convictions or those awaiting trial to vote. Additionally, individuals regain their voting rights automatically upon release from prison, even if previously convicted of a felony. However, systemic obstacles within correctional facilities often undermine these rights.
5 minute read
December 20, 2024 | Daily Report Online

Vandy QB Wins Injunction Allowing Him to Play D-I Football in 2025

Pavia, who filed his lawsuit seeking an additional season in the U.S. District Court for the Middle District of Tennessee in Nashville, has applied to Vanderbilt's masters program for legal studies starting in January in case he won the injunction.
4 minute read
December 19, 2024 | The Legal Intelligencer

It’s Time to Make CLE Courses Relevant Again

Continuing Legal Education (CLE) courses are not often the fodder of columns, but this is an exception. Particularly since the pandemic, it has become, shall we say, looser and doesn’t always meet its goals. Not that it ever had; it’s just worse now.
6 minute read
December 19, 2024 | Daily Report Online

Appeals Court Removes Fulton DA From Georgia Election Case Against Trump, Others

The new ruling means it will be up to the Prosecuting Attorneys’ Council of Georgia to find another prosecutor to take over the case and to decide whether to continue to pursue it, though that could be delayed if Willis decides to appeal to the state Supreme Court.
6 minute read
Law Journal Press | Digital Book Texas Legal Malpractice & Lawyer Discipline 2024 Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner View this Book

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December 18, 2024 | New York Law Journal

Whistleblowers Are Here To Stay: Counseling Corporate Clients on Whistleblower Programs

A discussion of how U.S. regulators and law enforcement have increasingly embraced whistleblower programs as a tool for investigating and prosecuting corporate misconduct, with a highly successful program at the SEC and a new program rolled out by the Department of Justice earlier this year. 
9 minute read
December 18, 2024 | Delaware Business Court Insider

Delaware Supreme Court Upholds Court of Chancery’s Refusal to Blue Pencil an Unreasonable Covenant Not to Compete

The plaintiff contended that the court should “blue pencil” a contractual noncompete to give the plaintiff the benefit of his bargain, even if the contract was overly broad. The defendant contended that when a party did not negotiate in any way the terms of the covenant not to compete and received minimal consideration in exchange, and the covenants themselves were overly broad, the Court of Chancery has discretion to decline to enforce the covenants entirely.
4 minute read
December 17, 2024 | New Jersey Law Journal

Can Implied Warranty Claims Proceed in a Products Liability Setting?

As a result of the Sun Chemical v. Fike decisions, a carveout now exists for implied warranty claims that are based on a defendant’s alleged express or affirmative misrepresentations.
7 minute read
December 17, 2024 | New York Law Journal

The Majority Upholds Retroactive Application of Clickwrap Arbitration Agreement

The authors write "The New York Court of Appeals’ recent decision in Wu v. Uber Technologies, Inc. underscores the growing tension between traditional contract law principles and the realities of digital consumer agreements. The case revolved around Uber’s enforcement of a 'clickwrap' arbitration agreement, embedded in its updated terms of use, against a plaintiff who had filed a personal injury lawsuit before allegedly agreeing to the new terms."
7 minute read
December 16, 2024 | New York Law Journal

Lateral Attorney Transitions Under the Ethics Rules

Law firms hiring lateral lawyers should be careful that they are not conflicting themselves out in the process. This is because a lateral lawyer’s conflicts are imputed to the new firm under the Rules of Professional Conduct, two Mound Cotton Wollan & Greengrass partners write.
8 minute read

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