NCAA and Student Athletes Settle Major NIL Class Action
The principle of amateurism—an amorphous concept that the National Collegiate Athletic Association (NCAA) historically relied upon to prevent NCAA athletes from profiting from the commercial use of their identity, otherwise known as name, image, and likeness (NIL)—is officially dead. On May 23, Continue Reading
New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters
The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v. Avon Products, Inc. et al., Index No. 190346/2018; Case No. 2023-05032, a Continue Reading
DOJ Launches Pilot Program to Encourage Reporting of Criminal Activity
The Department of Justice (DOJ) has announced a pilot program to encourage potential whistleblowers to report criminal activity and cooperate with government investigations in exchange for substantial monetary payouts in the government’s effort to crackdown on white collar crime and corruption. Continue Reading
FDA Expands Oversight to Laboratory Tests in Hospitals
The U.S. Food and Drug Administration (FDA) published a final rule amending its regulations to include in vitro diagnostic products (IVDs) as devices, even those manufactured in a laboratory, and issuing policy to phase out general enforcement discretion for laboratory-developed tests (LDTs), which Continue Reading
CMS Extends Medicaid Waivers through June 2025
In an informational bulletin, the Centers for Medicare & Medicaid Services (CMS) announced it will further extend waivers for “unwinding” under Section 1902(e)(14)(A) of the Social Security Act until June 30, 2025. The bulletin also provides information about how certain other temporary COVID-19 Continue Reading
Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages
In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit. Typically, under the statute of limitations for copyright cases, a copyright Continue Reading
New Jersey FY 2025 – Department of Environmental Protection and Board of Public Utilities Budget Hearings
New Jersey Department of Environmental Protection (NJDEP) Commissioner Shawn M. LaTourette and New Jersey Board of Public Utilities (NJBPU) President Christine Guhl-Sadovy recently presented their respective budgets before the Legislature. New Jersey Department of Environmental Continue Reading
Spring into Action: Making Sure Your Coverage House Is in Order in Light of Growing Cyber Risks and Claims
Steven Weisman and Margaret Andresini authored “Spring into Action: Making Sure Your Coverage House Is in Order in Light of Growing Cyber Risks and Claims” in the spring issue of the ABA’s TortSource. Weisman and Andresini address insurance coverage issues regarding emerging cyber and privacy risks, Continue Reading
Attributable vs. Incidental Rights: When Should a Corporation Seek Separate Class Votes?
In January 2024, the Delaware Supreme Court issued a notable opinion[1] affirming that under the Delaware General Corporation Law (DGCL), a corporation with multiple classes of common stock does not have to obtain a separate class vote to amend its certificate of incorporation when it seeks to adopt Continue Reading