• November 22, 2023

    Solicitor General Says Fed. Law Preempts State Train Laws

    U.S. Solicitor General Elizabeth Prelogar filed a brief on behalf of the federal government arguing that federal law trumps an Ohio statute regulating highway and roadway rail crossings, backing the state Supreme Court's 2022 decision siding with railroad giant CSX Transportation Inc.

  • November 22, 2023

    Ohio's ProMedica Transfers 7 Facilities Amid Money Struggles

    Ohio-based ProMedica Health System has transferred seven skilled nursing facilities to a California hospital system at a time when the Ohio provider has reported major losses in its earning figures.

  • November 22, 2023

    6th Circ. Decision Sidesteps Broader Fight Over IRS Notices

    A Sixth Circuit panel handed the IRS a win with its recent decision finding a lower court overreached by nationally invalidating IRS disclosure requirements on potentially abusive employee benefit trust arrangements, the latest development in a wave of administrative law challenges to IRS notices.

  • November 22, 2023

    Former Littler Atty Among 6 Newbies With Keating Muething

    Cincinnati-based law firm Keating Muething & Klekamp PLL has added six new associates to its roster across multiple practice groups, including a former Littler Mendelson PC lawyer, Fifth Third Bank's former counsel and a former managing editor of the Ohio State Law Journal.

  • November 21, 2023

    Ohio Firm Must Face Malpractice Suit Over Mineral Rights

    An Ohio state appeals court this week revived a former client's malpractice suit against McCamic Sacco and McCoid PLLC, finding that a dispute still exists over her mineral rights interest and what the firm's duty was in protecting it.

  • November 21, 2023

    Tactical Outfitter To Pay $2M For Alleged 'American-Made' Lies

    Virginia-based tactical gear company London Bridge Trading Co. Ltd. will pay nearly $2.1 million to settle a whistleblower's allegations that it breached the False Claims Act by selling products it claimed were "American-made" when they were manufactured in foreign countries, Ohio federal prosecutors have announced.

  • November 21, 2023

    Stanley Steemer Hit With Class Action Over Data Breach

    Stanley Steemer International Inc. got hit with a proposed class action Tuesday by a Florida woman claiming it failed to properly protect its customers' personal information from hackers and also failed to encrypt that data on its systems to begin with, allegedly making a recent data breach more damaging.

  • November 21, 2023

    Enbridge Says Pipeline Fight Threatens Foreign Policy

    A dispute over an Enbridge Energy pipeline must be heard in federal court because Michigan officials' efforts to shut down the pipeline threaten the United States' relationship with Canada, making the case a national concern, the energy company has told the Sixth Circuit.

  • November 21, 2023

    Fragrance Co. Defeats $8M Suit Over Procter & Gamble Deal

    Carrubba, a Connecticut producer of botanical fragrances, has defeated allegations that it breached a 2006 contract and failed to pay a Native American-owned company $8 million for helping it secure a lucrative deal with Procter & Gamble.

  • November 20, 2023

    Coal Ash Orders Weren't Rule Changes, EPA Tells DC Circ.

    The U.S. Environmental Protection Agency is defending its denial of a closure deadline extension for a southern Ohio coal ash impoundment, telling the D.C. Circuit that entities challenging the agency's interpretation of its impoundment closure rules want the court to let those entities abandon millions of tons of coal ash waste that puts groundwater supplies at risk.

  • November 20, 2023

    6th Circ. Says Court Overreached In IRS Benefit Guidance Suit

    A Michigan federal court erred when it vacated IRS guidance that required disclosure of certain potentially abusive employee benefit plans across the country, the Sixth Circuit ruled Monday, saying the agency's refund of tax penalties to a construction company should've ended the suit.

  • November 20, 2023

    Catching Up With Delaware's Chancery Court

    Lawsuits that went nowhere got pretty expensive in Delaware's Court of Chancery last week, which saw the award of a multimillion-dollar "mootness" fee and a settlement of litigation that closed a $720 million deal. New cases involved Walt Disney, Real Life, Zendesk and animal health company Covetrus Inc.

  • November 20, 2023

    Norfolk Southern Wants Out Of Pa. Schools' Derailment Suit

    Norfolk Southern has asked a Pennsylvania federal judge to toss proposed class claims filed by school districts and students over the Feb. 3 train derailment in East Palestine, Ohio, arguing that the claims are preempted by federal law and don't plausibly allege that hazardous substances migrated to their properties.

  • November 20, 2023

    WWE Investors Sue McMahon, Others In Del. After TKO Deal

    World Wrestling Entertainment Inc. stockholders have sued founder Vincent McMahon and several other members of the company's top brass, alleging breaches of fiduciary duty in connection with WWE's September merger with a subsidiary of Endeavor Group Holdings Inc. that created TKO Group Holdings Inc.

  • November 20, 2023

    Ohio Judge Lets Business Lead Generator Out Of Privacy Suit

    An Ohio federal judge dismissed a proposed class action accusing business lead generation platform Datanyze LLC of using people's personal information in the free trial version of its platform to promote its paid services without their consent, stating that the use of their information "appears incidental."

  • November 20, 2023

    High Court Won't Review DuPont PFAS MDL Ruling

    The U.S. Supreme Court on Monday declined to take up a Sixth Circuit decision that upheld a $40 million drinking water contamination verdict and the results of three bellwether trials binding litigation against E.I. du Pont de Nemours & Co., with a dissent from Justice Clarence Thomas. 

  • November 17, 2023

    Burger King Loses Sanctions Bid In Beef Over Ads, For Now

    A Florida federal judge has denied Burger King's sanctions bid in a suit by consumers alleging the fast-food giant's advertisements misrepresent the size of the Whopper hamburger, saying the court must first rule on the pending motion to dismiss.

  • November 17, 2023

    They Are Mentally Ill; Some States Want Them Off Death Row

    Death rows across the country are filled with people suffering from severe forms of mental illness. Taking action in an area where the U.S. Supreme Court has not ventured, some states are now enacting or considering laws that would exclude those prisoners from capital punishment.

  • November 17, 2023

    Centene Board Got No Red Flags On Pricing, Del. Court Told

    A stockholder suit accusing Centene Corp. directors of failing to curtail Medicaid fraud fails to show a majority of the board knew about the company's alleged pricing problem or that they consciously disregarded any red flags, an attorney for the directors told Delaware's Court of Chancery Friday.

  • November 17, 2023

    6th Circ. To Decide Fate Of FirstEnergy Investor Class

    The Sixth Circuit agreed Thursday to weigh in on whether a lower court was right to certify a class of FirstEnergy investors who say they lost money when it was revealed that the company had bribed Ohio officials to secure a $1 billion bailout of two failing nuclear plants.

  • November 17, 2023

    DC Circ. Backs FERC Over Grid Replacement Projects Order

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's determination that transmission owners within the footprint of the nation's largest regional grid operator retain the authority to plan and build new projects to replace their aging facilities.

  • November 17, 2023

    Rite Aid Asks NJ Bankruptcy Court To Stay Ohio Opioid Case

    Rite Aid Corp. asked a New Jersey bankruptcy judge to issue an injunction blocking the federal government from litigating a whistleblower suit in Ohio over the filling of illegal opioid prescriptions until the bankruptcy court can approve a reorganization plan.

  • November 17, 2023

    Ex-Atty Denies Charges He Landed Law Jobs With Fake IDs

    A disbarred Ohio attorney pled not guilty on Thursday to federal charges that he used fake identities to get jobs at three different law firms in Florida and Washington, D.C.

  • November 17, 2023

    Off The Bench: Harbaugh Sits, Pac-12 Chaos, A's Move OK'd

    In this week's Off The Bench, the University of Michigan, Jim Harbaugh and the Big Ten ceased their hostilities; two Pac-12 schools won control of the conference but then had that control temporarily paused; and MLB owners unanimously approved the Oakland Athletics' move to Las Vegas. Here, Law360 clues you in on the biggest sports and betting stories that had our readers talking.

  • November 16, 2023

    Anti-Abortion Lawmakers Urge Justices To Skip Pill Ruling

    A strong showing for abortion rights on Election Day did not dissuade 109 GOP lawmakers from asking the U.S. Supreme Court to pass on reviewing a Fifth Circuit decision that would curb access to the abortion drug mifepristone.

Expert Analysis

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • The Case For Culture Assessments In Sports Programs

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    As hazing allegations against collegiate sports teams and subsequent lawsuits become more prevalent, culture assessments can be implemented as a critical tool to mitigate risks including hazing, lack of gender equity and racism in athletic programs, say attorneys at Squire Patton.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How Attys Can Weather The Next Disaster Litigation Crisis

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    On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What FERC-PJM Negotiations Mean For The Energy Industry

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    Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.

  • Kentucky Tax Talk: Taking Up The Dormant Commerce Clause

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    Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

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