Overview of the 2025 Legislative Session: State Legislative Trends in Artificial Intelligence and Data Privacy
Across the country, the integration of artificial intelligence (AI) into everyday life—both in our private lives and across corporate sectors—has accelerated rapidly. In response, state legislatures have introduced a growing body of bills aimed at regulating the multifaceted applications of AI. These legislative efforts cover a variety of key areas…
May 21, 2025
NYC Office Successfully Defends a Non-Party and Former Estate Representative of a Clergy Member Accused of Sexual Misconduct
The Hon. Sabrina Krauss of the Supreme Court, New York County issued a decision and order from the bench after oral arguments that the Firm’s client, a non-party and former representative of the estate of a clergy member who was accused of sexual misconduct occurring decades earlier, should not be…
March 24, 2025
Even a Feather Has Some Weight: Plaintiffs’ Evidentiary Burden in Jones Act Cases
A federal judge in the Southern District of New York has granted summary judgment in a Jones Act case involving multiple etiologies of Plaintiff’s injuries in favor of an oil shipping defendant. This ruling stands to have far-reaching impact in lung cancer cases when there are other viable causes of…
March 14, 2025
FDA’s Red No. 3 Ban Reshapes Food Safety Legal Landscape
By Dino Haloulos (As published in Law360 on January 31, 2025) The 1970s red M&Ms controversy, although centered on Red No. 2, foreshadowed the eventual decline of its relative, Red No. 3. For decades, this synthetic dye, known chemically as erythrosine, lent its bright cherry hue to countless products…
February 12, 2025
Cosmetics Industry Faces First Federal Testing Requirements for Talc Safety—Mandated By MoCRA, FDA to Close Regulatory Gap in Cosmetic Talc Testing
Mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), the U.S. Food and Drug Administration (FDA) announced a proposed rule—yet to be finalized—to establish standardized testing methodologies to detect the presence of asbestos fibers within talc used in cosmetic products. The FDA determined that the current non-regulatory methods…
January 9, 2025
Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety. By C. Dino Haloulos and Jarif Khan, as published in Law360, July 26, 2024 What…
July 29, 2024
What Employers Should Know After the Minnesota Legislature’s Latest Session
The Minnesota legislature recently wrapped up its latest session with a bevy of revised laws (and some new ones too) impacting employers. This article examines some of the biggest changes that employers should know about. Amendments to Earned Sick and Safe Time Law (“ESST”) ESST is paid leave that an…
June 17, 2024
Florida Supreme Court Ruling Upends “Marriage Before Injury” Common Law Understanding of Spousal Recovery in Wrongful Death Cases
The Florida Supreme Court has upended a longstanding common law understanding of spousal recovery in wrongful death cases. In a recent decision, the Florida Supreme Court held that a spouse who married a decedent after the onset of the injury that caused decedent’s death is in fact a “surviving spouse”…
May 16, 2024
Thermonuclear Verdicts on the Rise According to Recent Study
Marathon Strategies published a study regarding the rise in the number of “nuclear verdicts”—those with verdicts surpassing $10 million in damages—in the United States in 2023 and termed a new phrase– “thermonuclear verdicts.” The number of cases with nuclear verdicts has increased in 2023 by 27% from 2022, a 15-year…
May 15, 2024
EPA’s Final Rule to Reduce Methane and Other Pollution from Oil and Natural Gas Operations
In November 2021, pursuant to the Biden Administration’s “U.S. Methane Emissions Reduction Plan” and under the terms of the Inflation Reduction Act, the Environmental Protection Agency (“EPA”) published a proposed rule intended to mitigate climate-destabilizing pollution and protect human health by reducing greenhouse gases, including methane, and volatile organic compound…
May 13, 2024
NJSC Holds That Use of Fictitious Former Price May Violate the Consumer Fraud Act But Is Not Sufficient to Establish Loss
The New Jersey Supreme Court (4-3 split decision) held on March 25, 2024, that while a retailer may violate the Consumer Fraud Act, if there is no ascertainable loss, there are no real consequences (except potentially being court ordered to cease such practices). In Robey v. SPARC Grp. LLC, (2024…
May 9, 2024
Supreme Court Decides Arbitration Exception Depends on Worker’s Role Versus Employer’s Industry
On April 12, 2024, the U.S. Supreme Court issued a unanimous decision in the Bissonnette v. Lepage Bakeries Park St., LLC case, finding that plaintiffs may qualify for an exemption from the Federal Arbitration Act (FAA) to allow their wage-and-hour suit to proceed federal court. Facts and Procedural History The…
The Federal Trade Commission Bans Noncompete Agreements: What Employers Need to Know
UPDATE (5/7/24): The final rule has been published in the Federal Register and is effective as of September 4, 2024. You may have seen the headlines announcing that the Federal Trade Commission (FTC) is banning noncompete clauses, but what actually happened, and what does it mean for your business? On…
May 3, 2024
Artificial Intelligence Continues to Transform the Globe in a Manner Not Seen Since the Advent of the Written Word
The New York State Bar Association Task Force on Artificial Intelligence recently issued a report to the NYSBA House of Delegates regarding artificial intelligence. The report provides recommendations and guidelines regarding the legal, social, and ethical implications of artificial intelligence and generative AI on the legal profession (“AI”). The report…
May 1, 2024
U.S. Appeals Court Limits the EPA’s Ability to Regulate PFAS Chemicals
In a recent legal decision, the Fifth Circuit Court of Appeals addressed the application of Section 5 of the Toxic Substances Control Act (TSCA) to Inhance Technologies’ long-standing fluorination process, a process deployed for over four decades. The court ruled that Section 5 does not extend to Inhance Technology, LLC’s…
April 30, 2024
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