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The Legal Intelligencer

Supreme Court to Address FWS Designation of Critical Habitat Under the ESA

Last week the Supreme Court granted certiorari to hear Weyerhauser v. U.S. Fish and Wildlife Service, following denial of a rehearing en banc in the Fifth Circuit Court of Appeals.
8 minute read

The Legal Intelligencer

Navigating Choppy Waters for the Government Contractor's Defense in Trump Age

Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor's Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government.
9 minute read

The Legal Intelligencer

Company-Generated Documents and Emails Are Not De Facto Business Records

Courts have worked to construct rules for use before and during trial that ensure only true business records—that is, records of regularly conducted activity that carry an air of trustworthiness and reliability—are admitted into evidence, while avoiding admission of day-to-day communications and other documents that cannot be categorized as business records.
9 minute read

The Legal Intelligencer

Despite Developments in Pa. Products Liability Law, Still No Duty to Recall

The last several years have brought significant developments to Pennsylvania products liability law, ranging from the Pennsylvania Supreme Court's decisions in Tincher v. Omega Flex and Lance v. Wyeth to rulings on the scope of evidence in the trial of a products liability case, to the application of the Pennsylvania Fair Share Act to a strict product liability claim.
7 minute read

Litigation Daily

Daily Dicta: Litigator of the Week; Quinn Emanuel Comes Through for Billionaire Investor; Don McGahn Takes a Stand

Mimi McKenzie, the legal director of the Public Interest Law Center, and David Gersch, who led the Arnold & Porter pro bono team are our litigators of the week, plus Quinn Emanuel prevails for Len Blavatnik and Access Industries.
7 minute read

The Legal Intelligencer

Cannabusiness 101—Sessions Takes Aim at Legalized Marijuana Industry

Is U.S. Attorney General Jeff Sessions threatening to single-handedly crush the $7.2 billion legalized marijuana industry spanning 30 states, generating millions in taxes and providing tens of thousands of jobs?
7 minute read

The American Lawyer

Grant & Eisenhofer Eyes IP Litigation With Ex-Reed Smith Partner

Branching out beyond its current offerings, plaintiffs firm Grant & Eisenhofer has added an IP litigation partner in Delaware to head up a new group.
4 minute read

Corporate Counsel

O'Melveny & Myers' DC Managing Partner Joins Sanitization Company airPHX as GC

"I'm excited to stop living my life in six-minute, billable increments," said the new airPHX general counsel.
2 minute read

The Legal Intelligencer

A Year in Review: The EPA and the Trump Administration

President Donald Trump took office last January with a keen focus on minimizing regulatory burdens imposed by the Environmental Protection Agency. In the first months of his presidency, Trump took aim at many Obama-era regulations, issuing a spate of executive orders promoting deregulation, reduced regulatory costs, energy independence, expedited environmental reviews for infrastructure projects and economic growth.
8 minute read

The Legal Intelligencer

Environmental Cases in the Pennsylvania Appellate Courts During 2017

The Pennsylvania appellate courts decided about two dozen cases that one could call “environmental” last year. A brief review follows that necessarily…
11 minute read

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