5/29/25
By: James V. Lovett
In a precedential order by the Court of Appeals for the Federal Circuit, the doctrine of foreign equivalents was examined and applied to applications for the mark VETEMENTS. In the matter In re: Vetements Group AG…
Category: Commercial Litigation/Directors & Officers
High demand, low supply: How Georgia is addressing the nationwide accountant shortage
5/12/25
By: James G. Bozza
Certified Public Accountants (CPAs) are increasingly rare despite their provision of essential professional services to businesses. The quantity of CPAs has largely stagnated over the last decade despite the substantial increase in national GDP and the …
An established aberration: baseball’s unique relationship with antitrust law
3/24/25
With the Los Angeles Dodgers’ sweep of the Chicago Cubs in the Tokyo Series, the 2025 Major League Baseball season is officially underway, renewing another chapter in the storied history of our nation’s pastime. Just as …
The growing legal threat of 401(k) forfeiture class actions: What plan sponsors need to know
3/18/25
By: Thomas R. Starks
While ERISA class action lawsuits have been a growing concern for plan fiduciaries, a recent trend is the surge of class action lawsuits challenging the handling of 401(k) plan forfeitures.
Understanding 401(k) Plan Forfeitures
Some …
2/25/25
Class actions can subject companies to daunting financial exposure. Unlike standard lawsuits brought by single individuals, class actions are brought by representatives seeking to litigate on behalf of a broader “class” of aggrieved persons. In order …
Navigating SECURE 2.0: What’s new for ERISA plan sponsors in 2025
1/9/25
By: Thomas R. Starks
The SECURE 2.0 Act, which amends ERISA and parts of the Internal Revenue Code, includes several provisions that will take effect in 2025. To ensure compliance, 401(k) plan sponsors must ensure that these provisions are implemented. …
On again, off again, on again?
12/27/24
By: Nancy M. Reimer
The Fifth Circuit Court of Appeals vacates its stay of the injunction. As we reported on December 26, 2024, the Fifth Circuit Court of Appeals stayed the nationwide injunction enjoining the enforcement of the Corporate Transparency …
12/26/24
By: Nancy Reimer
On December 23, 2024 the U.S. Court of Appeals for the Fifth Circuit lifted the temporary injunction issued by the Eastern District of Texas Federal Court reinstating the requirement to file the Beneficial Ownership Interest (“BOI”) form …
What corporations should know about the Clayton Act circuit split
12/23/24
Federal antitrust laws prohibit anticompetitive business conduct such as price-fixing, monopolization, and conspiracies to restrain trade. Corporations sued under these laws face a difficult challenge. Such lawsuits are complex, and often subject corporations to lengthy, expensive …
12/4/24
By: Brian Goldberg
The Georgia Supreme Court’s recent decision in RBC Global Asset Management (U.S.), Inc. v. Lattimore (S24A0789) highlights the critical importance of proper service in garnishment actions and the far-reaching consequences of using incorrect summons forms. This case …
Pennsylvania contractors protected by hills and ridges doctrine
9/30/24
The Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “dangerous, icy” conditions. Plaintiff filed suit against multiple parties, including the property owner/landlord, the property manager, …
Plaintiff’s powerpoint sways Illinois Appellate Court to deny motion to compel arbitration
9/18/24
By: Donald Patrick Eckler and Sophie Stevanovich
In accordance with the recent decision from the Seventh Circuit in Wallrich v. Samsung Electronics America, Inc., 106 F.4th 609 (7th Cir. 2024), a party seeking to stay proceedings and compel arbitration …