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November 28, 2023
Feds Tee Up Dumping Duties On Brass Rods From 5 Countries
The U.S. Department of Commerce lined up preliminary tariffs rising up to 77.14% on brass rod imports from five countries, after determining that overseas producers were likely selling their products in the U.S. at artificially low prices.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Divided Ohio High Court Backs New Bipartisan Election Map
The Ohio Supreme Court split on party lines as it threw out multiple challenges to the state's newest redistricting plan after having vacated five previous maps as unconstitutionally biased against Democrats, with the Democrat justices saying the majority's opinion makes it seem it "does not care whether the maps are constitutional."
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November 27, 2023
Zuckerberg Rejected Mental Health Filter Policy, States Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.
The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.
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November 27, 2023
Businessman Vouches For His Affidavit In Hot Dog Biz Fight
A businessman has asked North Carolina's business court not to strike his affidavit from the record in a fight with his one-time partner over their plans to buy up an Ohio hot dog chain, saying it doesn't contradict his prior deposition testimony as his ex-partner has argued.
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November 27, 2023
GM Drivers Ask 6th Circ. To Revive Truck Emissions Suit
Drivers urged the Sixth Circuit on Monday to revive their consolidated proposed class action accusing General Motors of rigging certain Chevrolet Silverado and Sierra vehicles with emissions-cheating software, saying their state law deceptive marketing claims don't conflict with federal law.
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November 27, 2023
Ohio Firm Accused Of Filing False Doc In Shareholders' Fight
The minority shareholder of vinyl decking business Plextrusions Inc. is asking an Ohio federal judge to disqualify Roderick Linton & Belfance LLP from representing the company's majority shareholder in litigation between the two, accusing the firm of submitting a "demonstrably false document" to the court on its client's behalf.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
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November 27, 2023
Ohio Panel Reverses Disqualification Order For HOA's Atty
An Ohio appeals court reinstated a homeowners association's defense attorney in a dispute with a management company over legal fees, ruling that a lower court should not have granted the disqualification because there was no preexisting attorney-client relationship that prejudiced the parties.
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November 22, 2023
6th Circ. Upholds Tossing Fiat Chrysler Engineers' RICO Suit
In a published opinion Wednesday, the Sixth Circuit upheld a ruling that a group of auto engineers waited too long to file a RICO suit accusing former United Auto Workers officials and Fiat Chrysler executives of engaging in a years-long bribery scheme that violated the parties' labor contract.
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November 22, 2023
Heritage Power Wants To Toss PBGC And Texas Claims
Power plant operator Heritage Power LLC is seeking to reject claims made by the state of Texas and the federal private pension insurer Pension Benefit Guaranty Corp., saying that the dozens of claims fall short of minimum standards and that the insurer is seeking to be paid multiple times for the same claim.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Seized Art Ownership Row Highlights Importance Of Vetting
The Cleveland Museum of Art's recent suit against the Manhattan District Attorney's Office to block a seizure order and contest its rightful ownership of a headless statue worth $20 million presents an uncommon challenge that underscores the criticality of due diligence prior to acquiring artworks, especially older pieces, say Robert Darwell and Zach Dai at Sheppard Mullin.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.