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Testimonies are generally reserved for trials, so when the editor of The New York Times, James Bennet, testified before a judge who was deciding whether to dismiss a case, the hearing itself was already highly unusual. Normally, a motion to dismiss asks the judge to consider the merits of the case and whether it’s worth the court’s time to pursue the matter. If anyone is brought in to testify, it’s not until after the judge has determined that the claims have merit and the case should move forward. But Judge Jed S. Rakoff of the Federal District of Manhattan, went…
And By Guest Author Tracey Truesdale In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent.  The parent sought an opinion on whether the Family Medical Leave Act (FMLA) would provide job protection to an employee who takes time off to attend individualized education program (IEP) meetings for their children.  In a somewhat surprising turn of events given the current political climate, the DOL determined that parents may take intermittent leave under the FMLA to attend these meetings for…
FDA Publishes Court-Ordered Cigarette Graphic Warning Proposed Rule, Industry Challenge Expected On August 15, 2019, the U.S. Food and Drug Administration (FDA or the Agency) published a court-ordered proposed rule that, if finalized, would mandate graphic health warnings for cigarette packaging and advertisements to “promote greater public understanding of the negative health consequences of smoking.”   FDA’s proposed warnings are undeniably graphic and feature “photo-realistic” images of “some of the lesser-known, but serious health risks of cigarette smoking,” including secondary harm to children, fatal lung disease in non-smokers, head and neck cancer, reduction of blood flow (which can lead to…
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It is not uncommon for many people to travel for their jobs, regardless of the industry or line of work they are in. Employees often have to meet with business partners or clients face-to-face, even if they live in different states or countries. Depending on the work that needs to be done, a business trip can last a day, weeks, or even months. The potential for a workplace accident still exists, even if an employee is not on company grounds. If a worker is injured while on a business trip, he or she may still be entitled to workers’ comp …
While much media attention is focused on the opioids epidemic, fewer headlines are devoted to the resurgence of methamphetamine. The powerful stimulant has regained the popularity it had back in the 1990s and early 2000s. According to research by the Illinois Criminal Justice Information Authority, meth-related drug arrests have increased significantly in our state in the past few years. The ICJIA says two main factors are responsible for the resurgence of meth use in Illinois: efforts to combat opioid abuse have reduced easy access to the drugs and meth has at the same time become cheaper and purer. The ICJIA…
Want to have a fun time in a great place surrounded by beverage lawyers? Then head on out to the Wine, Beer & Spirits Law conference in Charlotte, NC September 16 and 17. The conference brings together a unique mix of private attorneys, in-house counsel, government regulators, and industry professionals. You can see the full agenda with presenters here. The event promises to be extremely beneficial whether you’re a seasoned practitioner or just curious about beverage law. The post Don’t miss the Wine, Beer & Spirits Law Conference in Charlotte, NC appeared first on Libation Law Blog.…
Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories FL, Inc. Docket No. 2018-1221 PROST, LOURIE, WALLACH August 15, 2019 Brief Summary: DC decision of no invalidity for lack of WD affirmed, but decision of no obviousness reversed. Summary: Actavis appealed DC judgment that is proposed ANDA naltrexone/bupropion extended release product (ANDA 208043) would infringe certain claims of Nalpropion’s US 7,375,111; 7,462,626; and 8,915,195; that those claims are not invalid for lack of written description (WD) or obviousness; the effective date of Actavis’ ANDA can be no earlier than the expiration dates of the patents; and permanently enjoining Actavis from manufacturing, using, or…
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For too long, law enforcement and the courts have refused to acknowledge the real-world damage that can be done by online hate, but that attitude seems to be turning around. In just the past few months, one internet “troll” has been ordered to pay a total of more than $20 million to three different targets of his online vitriol. Andrew Anglin is the publisher of a neo-Nazi website called The Daily Stormer that has targeted (among others) a black female college student, a Jewish real estate agent, and an Arab-American comedian. In June, the comedian won a $4.1 million lawsuit…
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[embedded content] The Marihuana Tax Act Was Signed Into Law 82 Years Ago The Marihuana Tax Act was signed into law on August 2, 1937. This tax act essentially gave feds complete control of the plant, imposed excessive taxes on it, and held high repercussions on those who went around the government. A judge who sentenced one of the first victims of this act said, “I consider marijuana the worst of all narcotics, far worse than the use of morphine or cocaine. Under its influence, men become beasts. Marijuana destroys life itself. I have no sympathy with those who sell…
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Do you know an Illinois lawyer who’s making an impact in pro bono or public interest law? If so, the Public Interest Law Initiative (PILI) is accepting nominations for its Annual Awards Luncheon, to be held Wednesday, December 4, 2019, in Chicago. The awards celebrate the outstanding public service work of lawyers throughout Illinois. Nominations will be accepted until Friday, September 6. PILI is a pillar in the pro bono and public interest law community. Through its support of law students, legal professionals and pro bono organizations, PILI aims to “mak[e] equal access to justice a reality through a…
Attorney Katerina Tsoukalas-Heitkemper received a successful result for her condominium association client after an extensive four-month forensic investigation led by Kathy (with the assistance of her HOA law team and client) revealed that the Association’s former employee, a licensed on-site community association manager, had committed multiple acts of theft and employee dishonesty over a four year time-frame resulting in a financial loss to the Association in excess of $150,000.  A newly elected Board President asking lots of important questions at the beginning of her term churned up information that did not seem to “add up”.  This initial inquiry and the…
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If you’ve used Facebook at all in the past few years, you’ve probably noticed that every time you post a photo with one of your friends, Facebook automatically suggests you tag that person. While that might seem innocent enough, the facial recognition technology Facebook uses to accomplish that is highly controversial and possibly illegal. Facial recognition technology is a relatively recent development and it didn’t take long for it to become controversial. With the abundance of cameras all around us, facial recognition technology allows owners of the technology to find us just about everywhere we go, which is why Facebook…
Chances are you first become aware that your company is a target or subject of a criminal antitrust investigation when you receive a grand jury subpoena, or worse, when federal agents show up with a search warrant asking questions. This is serious business, given the consequences. Among the many questions experienced antitrust counsel will ask you early on is whether you have an antitrust compliance program, and if so, how it is set up and operates. In recent years, the Antitrust Division of the United States Department of Justice (“DOJ”) assigned no weight to the existence of a compliance program,…
Justice Gorsuch’s much vaunted “Amazon of liquor” comment from the oral argument on the Tennessee Retailers case is a step closer to potentially coming before the Supreme Court as briefing is now finished in the Mississippi wine shippers case. We first covered the case here and you can bone up on the issues with that coverage. At that time, only the Mississippi Attorney General and the National Beer Wholesalers had filed briefs. Now, the shippers have responded, a reply has been filed, and the Wine Freedom group run by Tom Wark has posted an amicus brief supporting the shippers. Here …
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Today’s attorneys have discovered the importance of online lawyer reviews. While one bad review has the potential to cripple a firm, a few good reviews can provide a ton of marketing power. Timely, effective management of your online reviews can be a strong tool for generating leads. Online platforms are putting your firm’s profile as the lead component of search results, whether you’ve claimed the profile or not. Establishing and maintaining your online business presence across multiple platforms like Google, Yelp, LinkedIn, Facebook and Avvo, often starts with claiming your business and professional profiles. While you don’t have control of…
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[embedded content] Margaret Battersby Black appears on Fox & Friends with her client Joan Biedel, whose mother is the subject of a nursing home abuse case that has gotten national attention. Nursing home resident Margaret Collins, a 91 year old woman with dementia, was the subject of repeated harassment from two nursing home employees. The upsetting viral video has caused a backlash of anger against elder abuse and an outpouring of support for Margaret Collins and her family. Video Transcript Ainsley Earhardt: Hi everyone. Good morning. Pete Hegseth: Good morning. Ainsley Earhardt: Thanks, Janice. Griff Jenkins: Thanks, Janice. Ainsley Earhardt:…