A new concern for drug-makers emerges: “Pipeline Liability”
2/13/24
California Court of Appeal decision finds pharmaceutical companies owe their customers a duty to move safer alternatives to existing drugs through the development pipeline.
In the 1980s, an HIV/AIDS diagnosis was widely seen as a …
Indiana high court gives leeway to standard of care opinions
2/12/24
By: Joshua W. Zhao
In Korakis v. Memorial Hospital of South Bend et al., No. 23S-CT-109 (2024), the Indiana Supreme Court considered whether a medical expert must expressly state the applicable standard of care in their affidavit for the …
The costly consequences of mishandling notice of appeal in Illinois
2/12/24
In a case of importance to all Illinois practitioners, the Illinois Supreme Court in Waukegan Hospitality Group, LLC v. Stretch’s Sports Bar & Grill Corporation, 2024 IL 129277 found that the clerk’s rejection of a …
Combating FraudGPT: new guidance to healthcare providers
2/8/24
By: Alexia R. Roney
To combat phishing attacks supercharged by AI, the Health Sector Cybersecurity Coordination Center (HC3) has provided guidance to the healthcare industry through its white paper, “AI-Augmented Phishing and the Threat to the Health Sector.” Phishing is …
Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
In an environment when non-competition agreements have been under attack, the Delaware Supreme Court on January 29, 2024 validated and endorsed the enforcement of a limited partnership agreement’s non-compete tied to an income-forfeiture provision applicable to …
Emerging litigation trends in college athletics
1/30/24
By: Travis A. Knobbe
Let us start by stating the obvious. It is not often that a large, national law firm writes an article or blog entry focusing specifically on college athletics. That said, the sea changes sweeping the NCAA …
SCOTUS passes up the opportunity to address circuit split over transgender restroom use
1/29/24
By: Christian E. Foy Nagy, Esq. and Kelly Mahoney Haas, Esq.
We learned this month that an issue of pervasive interest to politicians and activists of all persuasions was not so compelling to merit review by the United States Supreme …
Small businesses: don’t overlook new Corporate Transparency Act reporting requirements
1/25/24
By: Travis A. Knobbe
Beginning on January 1, 2024, many small businesses are now required to report to the United States government the names of their beneficial owners under the Corporate Transparency Act (CTA). Passed in 2021, the CTA requires …
The Florida Bar adopts guidance for AI: sounds like something AI would say
1/24/24
By: Jessica Cauley
In November 2023, the Florida Bar’s Committee on Professional Ethics (“Committee”) first issued its Proposed Advisory Opinion on generative artificial intelligence (“AI”), joining few other states and judges to give ink to answer ever-growing questions about its …
Indiana Supreme Court holds Rule 60(B) motion not required in certain circumstances
1/16/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Expert Pool Builders, LLC v. Vangundy, No. 23S‐PL‐171 (2024), the Indiana Supreme Court considered whether Siebert Oxidermo, Inc. v. Shields, 446 N.E.2d 332 (Ind. 1983) requires that a T.R. …
1/8/24
Do bias intervention and response teams and policies on college campuses violate students First Amendment rights to the freedom of speech? That is the question posed in Speech First, Inc.’s currently pending petition for writ of …
Sovereign immunity remains a threshold jurisdictional question
1/4/24
By: Amy B. Cowan
In a decision that clarifies the jurisdictional nature of the immunity, the Georgia Supreme Court recently upheld sovereign immunity as a threshold determination that must be considered and ruled upon before a court reaches the merits …