Insights on Complex Litigation

In a recent opinion, E.W. v. Health Net Life Insurance Co., the US Court of Appeals for the Tenth Circuit clarified the elements that plaintiffs must plead to state claims under the Mental Health Parity and Addiction Equity Act (MHPAEA).

On January 1, the Corporate Transparency Act (CTA) went into effect.

The fashion and retail industry experienced another year of considerable change in 2023.

On the one hand, business insurance provides in-house counsel with the peace of mind to know that if their company is involved in a covered event, the insurer will be responsible for some or all of the damages and also may be responsible for footing the bill for legal fees and defense costs. On the other hand, insurance carriers usually are incentivized to engage inexpensive attorneys who may not have the industry, business or other expertise which in-house counsel typically desire.

On December 29, an ArentFox Schiff team of Fred Sperling, Adam Diederich, Kirstie Brenson, and Meera Gorjala obtained a preliminary injunction in federal court in Iowa preventing the enforcement of an Iowa law providing for the removal of books from school and classroom libraries.

With the surge of interest in artificial intelligence (AI), it should be no surprise that health insurers have come under scrutiny concerning their use of AI predictive tools to deny medical insurance claims.

Let’s be clear: the Massachusetts Wage Act is draconian. If you violate it, you are on the hook for triple damages and attorneys’ fees.

ArentFox Schiff is pleased to announce the election of 16 new partners, effective January 1, 2024.

Recently, there has been an ever-increasing trend of companies utilizing “bring your own device” (BYOD) policies that permit employees to use their own personal devices, such as smartphones, tablets, or laptops, for work purposes.

ArentFox Schiff is representing Penguin Random House (the world’s largest trade publisher), four award-winning authors (Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult), the Iowa State Education Association, teachers, a librarian, and a student in a lawsuit challenging Iowa’s book banning law.

ArentFox Schiff successfully represented Alexander Wang Inc. in an $81 million copyright infringement and unfair competition suit in the US District Court for the Central District of California, and in an appeal before the US Court of Appeals for the Ninth Circuit.

ArentFox Schiff is advising famed French fashion designer Christian Louboutin, known for his red-soled shoes, in a joint lawsuit filed with social media giant Meta against alleged counterfeiter Cesar Octavio Guerrero Alejo.

In Cummings Properties v. Hines, the Supreme Judicial Court emphatically re-affirmed Massachusetts’s commitment to this “single look” doctrine.

On November 2, 2023, the US Court of Appeals for the Eighth Circuit vacated a 2021 decision by the US Environmental Protection Agency (EPA) that had halted the use on agricultural crops of the pesticide product known as chlorpyrifos.

ArentFox Schiff has been awarded 62 top rankings in the 2024 edition of Best Law Firms® which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

Kevin Nelson will speak at the American Conference Institute’s 9th Annual Paragraph IV Disputes Master Symposium on October 25, 2023.

ArentFox Schiff secured a significant appellate decision in federal court concerning the rights of US Department of Veterans Affairs (VA) medical personnel. For the second time, a federal court has admonished the VA for failing to adhere to employment law protections.

Most people expect that by signing a contract they are going to be bound by it absent special circumstances. But do situations where the signatory is unsophisticated and/or doesn’t even speak the language in which the contract is written qualify as such special circumstances?

Partner Adam Diederich was quoted by Regulatory Compliance Watch discussing the challenges and potential risks associated with the attorney-client privilege and the fiduciary exception to the attorney-client privilege in the investment management industry.

California state legislators have joined the arena in the fight relating to advertised rates in the hotel industry and beyond. If the recent legislation is signed by Governor Gavin Newsom, the law will have significant ramifications for hospitality companies nationwide.

This post explains an exception to the attorney-client privilege that is recognized in many jurisdictions to allow minority owners of LLCs and corporations to attempt to obtain the privileged communications of their LLC or corporation.

Sailesh Patel will present at the 6th World Legal Tech Summit on September 8, 2023.

On August 18, 2023, Travelers United, a traveler advocacy organization, filed a class-action lawsuit against Hyatt Hotels Corporation and its affiliates, accusing Hyatt of falsely advertising hotel room rates and cheating customers out of millions of dollars through hidden fees.

A recent decision from the Superior Court of Massachusetts in MIM Mass Convertible Note v. MIM Management, LLC reminded me of other posts I have written warning that a seemingly clear choice of law provision is not always clear enough.

ArentFox Schiff is pleased to announce that 130 attorneys have been recognized by The Best Lawyers in America 2024, with an additional four attorneys highlighted as “Lawyers of the Year” and 69 attorneys listed as “Ones to Watch.”