U.S. Supreme Court denies petition regarding on-sale bar for secret processes
5/7/25
By: James V. Lovett
On April 28, 2025, the U.S. Supreme Court declined to hear an appeal in Celanese International Corp. v. International Trade Commission. 111 F.4th 1338, 1340 (Fed. Cir. 2024), cert. denied sub nom. Celanese Int’l Corp. …
Artful pleading counterfeited by Texas Supreme Court’s adoption of anti-fracturing rule
4/24/25
By: Emaan Ali Bangash and Patrick T. Mulry
In its recent ruling that the anti-fracturing rule applies broadly to professional malpractice cases, the Texas Supreme Court has affirmed the bedrock principle that the law should not reward artful pleading. While …
Supreme Court of Georgia pilots two minutes of uninterrupted oral argument time
4/21/25
By: Elissa B. Haynes
If you’ve ever stood at the podium in the Supreme Court of Georgia ready to present an appellate argument, you know the drill: you barely get your opening sentence out before a question from the bench …
4/14/25
By: James G. Bozza and Kevin R. Stone
A Connecticut court recently found a law firm liable for failing to protect its email system following a breach, which led to a fraudster obtaining funds intended to finalize a real estate …
4/8/25
By: Ryan Giggi and Edward N. Storck III
In Wisniewski v. Palermino, 351 Conn. 390 (2025), Connecticut’s Supreme Court held that plaintiff beneficiaries of a decedent’s estate could bring a legal malpractice claim against the decedent’s attorney where that …
4/8/25
By: Rachel E. Hobbs
The Ninth Circuit Court of Appeals recently re-affirmed that when a property policy mandates an appraisal, the insured lacks standing to sue the insurer until the appraisal is complete. In 50 Exchange Terrace LLC v. Mount …
New Jersey appellate court reinforces limitation on whistleblower claims
4/7/25
In a recent reported decision, the Appellate Division of the Superior Court of New Jersey reaffirmed that New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), does not apply to conduct that occurred after the …
President Trump’s Executive Order 14236 revokes $15-per-hour federal contractor minimum wage
4/4/25
On March 14, 2025, President Donald Trump issued Executive Order 14236. This Executive Order revoked 18 prior executive orders and actions issued by former President Joe Biden. One of these prior executive orders was Executive Order …
4/3/25
In Smith v. BlueCross BlueShield of Tennessee, the Tennessee Supreme Court rejected a retaliatory discharge claim based on an employee’s exercise of a constitutional right to petition.
Smith was an at-will BlueCross BlueShield (BCBS) …
Not so privileged: Massachusetts court cracks down on shared emails
3/31/25
By: Josette E. Brooksbank and Jessica Gray Kelly
In Allen v. Christensen, the Massachusetts Superior Court issued a discovery ruling clarifying the distinction between attorney-client privilege and the work product doctrine. The decision underscores the risks of sharing privileged …
EEOC and DOJ issue guidance on “DEI-Related Discrimination”
3/26/25
By: Shane Miller
As we noted in Freeman Mathis & Gary’s previous blog posts, the Trump Administration is seeking to eliminate certain Diversity, Equity and Inclusion (DEI) programs (or particular aspects of such DEI programs) from the workplace, including for …
BOI reporting update – The interim rule has arrived
3/24/25
By: William R. Covino and Nancy M. Reimer
Tax practitioners who been following our client updates will be pleasantly surprised to learn the Financial Crimes Enforcement Network (“FinCen”) has issued its interim final rule, removing the requirement for U.S. Companies …