Deaths caused by opioids—both legal and illegal—have been rising since the 1990s, wreaking havoc on communities across the United States.1 In 2017, an average of 130 Americans died from opioid overdoses every day,2 and the United States Department of Health and Human Services declared the opioid crisis a public health emergency in that same year.3…
Tag: Litigation
Cartel Leniency Following the Wind of Change
On July 11 of this year, the Assistant Attorney General of the Department of Justice Antitrust Division, Makan Delrahim, announced a new policy to incentivize criminal antitrust compliance.1 Prior to this announcement, the only avenue for culpable antitrust violators to avoid trial or a guilty plea was to be the first company in their cartel…
California Climate Lawsuit Highlights Risks of an Overzealous Litigation Strategy
Stating exaggerated claims at the beginning of a lawsuit can be a standard practice in litigation; however, a recent climate change lawsuit filed by seven California municipalities should remind litigators that unsupported exaggerations can cause collateral damage. The essence of the cities’ case is a public nuisance claim filed in California state court against several…
One Constant in a Series of Changes: State Courts Retain Jurisdiction over Securities Act Claims after Cyan v. Beaver County
The Wall Street Crash of 1929 brought about significant financial market reform. One of those reforms still in effect today is the Securities Act of 1933 (“1933 Act” or “the Act”). The Act aims to force companies offering public securities to provide “full and fair disclosure” of pertinent information.1 To foster compliance, it also provides…
Lawsuits Against Pfizer Dismissed
Pfizer Inc. is one of the world’s largest pharmaceutical companies and is one of the thirty companies used to calculate the Dow Jones Industrial Average. In a class action, over one thousand lawsuits have been filed against Pfizer, claiming that certain testosterone replacement drugs increase the risk of heart attacks and strokes.1 Testosterone replacement…
Ruling in Starbucks v. Simon Properties Dispute could Flavor Terms of Future Lease Agreements
As shopping malls struggle with declining sales and increasing vacancy rates, one of the nation’s largest mall operators, Simon Property Group, has gotten creative to stem the tide of store closures. Simon filed suit last year against Starbucks over its plan to close all retail locations for its Teavana brand of high-end specialty teas. In…
Corruption Scandal in College Basketball
In the sportswear industry, Nike is the main player, but well-known competitors Adidas, Under Armour, and others are constantly attempting to improve their position in the market. One way an apparel company can gain an edge is to sign superstar athletes to wear their gear and advertise their brand. Famously, professional basketball players LeBron James,…
Matal v. Tam: The Future of Disparaging and Scandalous Trademarks
Trademarks are ubiquitous in the everyday lives of countless consumers. Indeed, some consumers have little difficulty drawing big brand logos from memory, down to the precise colors and details.1 That aptitude did not arise by happenstance: brands are designed to create a bond between the consumer and the product by provoking the consumer’s emotions.2 Still,…
Life Sciences Firms at Risk of Strike Suits?
In recent years, the life science industry has been a primary target for securities fraud class action lawsuits as “nearly one out of every four securities fraud class action lawsuits filed in 2016 was brought against a life sciences company.”1 These fraudulent class action lawsuits have become increasingly common as 2016 highlighted a 70% increase…
Sound Recording Feedback: Efficiency Noise
In my prior post, I argued that the limited nature of the sound recording copyright has had adverse effects on the scope of protection for other copyrights.1 The copyright act defines a sound recording in terms of the process of fixation, not in terms of substantive expression.2 In response, courts developed bright-line rules towards copying…