Kyle Tayman

A U.S. judicial panel has approved a new rule to guide federal mass tort cases. The new rule offers non-binding guidance, allowing judges significant discretion in its application, potentially leading to different case management practices. This could result in varied experiences and outcomes for claimants. The rule emphasizes early case management and information exchange. Expected to take effect on December 1, 2025, this rule marks a significant step in handling mass tort litigation. Read more here: https://lnkd.in/dQJMiGR4. #masstorts #legalupdates #legalnews

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The USPTO has issued a proposal to add a new requirement for terminal disclaimers (TD) filed to overcome non-statutory double patenting rejections. If enacted, patents with TDs would be entirely unenforceable if a prior patent referenced in the TD is invalidated. The proposed rule aims to reduce costs associated with separately challenging each patent but could unfairly strip patentees of their rights. Read our latest IP Advisory by Amanda V. Cardona in our Knowledge Center at 🔗 bit.ly/3V9oLg6 Stakeholders are encouraged to submit comments for consideration before the July 9, 2024 deadline. #patentlaw #intellectualproperty #USPTO #IPLaw #LALaw

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New York law firm Sullivan & Cromwell LLP said on May 9 that it has formed a new artificial intelligence practice, as large firms compete to handle clients' growing AI-related legal needs. The 800-lawyer firm said the group would be headed by leaders of its intellectual property and finance practices in Silicon Valley, New York and London. Several other large U.S. law firms have also established dedicated AI practice groups over the past year and a half, hoping to capitalize on a surge in AI-related dealmaking, regulatory, and litigation work. Formalizing a practice group can help firms market and expand the work in buzzy, lucrative areas like AI. Find out more: https://reut.rs/44AAG9A 

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𝗪𝗵𝘆 𝗛𝗲𝗮𝗱𝗶𝗻𝗴𝘀 𝗠𝗮𝘁𝘁𝗲𝗿 𝗶𝗻 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝘁𝗲 𝗕𝗿𝗶𝗲𝗳𝘀 Under California appellate rules, briefs must state each point under a separate heading or subheading.  Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it.  Some practice tips to consider: ✅ Many appellate courts will deem an argument forfeited if buried under an unrelated heading, or made only in a footnote. ✅ Headings should be substantive, but not so lengthy that they cease to serve as "headlines" and start to resemble text. ✅ Organizing headings for each distinct contention brings discipline to the drafting process, making the brief more coherent and digestible.  Generating a new Table of Contents for each draft is an excellent editing tool, helping you see whether points flow logically and persuasively. ✅ If the Table of Contents has "gaps" that would confuse a stranger, revise.  Justices often read the TOC to gain a substantive overview of the brief before diving in.   ► 𝗧𝗵𝗲 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗺𝗲𝘀𝘀𝗮𝗴𝗲:  Ensure that your brief headings are crisp and clear, and that they smoothly outline all your core contentions on appeal. #appeals Laurie Hepler

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What are key #SEC enforcement trends and ongoing priorities? In the Q2 edition of our SEC newsletter, Mark Bini, Courtney Fisher and Caitlyn Holsopple provide a series of short summaries about recent significant trends and cases, such as the SEC’s approval of spot Ethereum ETFs and the SEC's recently renewed commitment to combat AI washing. #SEC #enforcement #securities #AI #privacy #data #fraud #crypto

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Five-day turnaround: counsel welcome USPTO efficiency https://lnkd.in/enjJF6vv Counsel say the USPTO's swift action regarding letters of protest is helpful, but that quicker examination times are needed. Insight from Sherri Eastley (Pirkey Barber PLLC) and Danny Awdeh (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) #uspto #efficiency #lettersofprotest #examination #counsel

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The team at Best Best & Krieger LLP (BBK) breaks down new PFOA regulations that will impose new reporting requirements and empower regulators to mandate investigations of PFOA and PFOS-contaminated sites. Read more at #PublicCEO bit.ly/3y1mSJx

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A new trend in litigation is shaking up the conventional wisdom on arbitration. In the past, consumer-facing companies included arbitration provisions in their terms of service agreements as a best practice. However, the tide is turning: plaintiffs’ counsel are now leveraging the California Arbitration Act to bombard companies with meritless mass arbitration claims.   Daniel Rockey, Merrit Jones, Amy de La Lama and Christian Auty examine the emerging legal phenomenon from multiple angles, tracing its history to a past flood of rideshare drivers' claims and exploring how some companies are considering eliminating the arbitration provision.   To read more about how companies are arming themselves for a potential arbitration attack, click the link:   https://lnkd.in/eykGZHS3   #EmploymentLaw #MassArbitration #Arbitration 

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The Supreme Court is examining the SEC's in-house enforcement process. Could this mean jury trials for RIAs facing accusations? ⚖️ A potential win for due process and fairer outcomes. Read our full analysis, and explore the implications for RIAs. #AdvisorLaw #RIA #SEC #DueProcess

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Could jury trials change SEC Enforcement for RIAs? Big news for RIAs! The Supreme Court is considering a case that could limit the SEC's power & require jury trials in enforcement actions. This could be a major win for due process and fairer outcomes. Stay informed & protected: ⚖️ Learn more about the case & its potential impact: https://lnkd.in/gnVt_H2Y 🗣️ Schedule a free consultation with AdvisorLaw to discuss your needs. Don't navigate this alone. Contact AdvisorLaw, LLC today! #SEC #InvestmentAdvisors #JuryTrial

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The SEC has reinstated a controversial rule related to proxy advisors, according to Nick Muscavage in Agenda. The rule has an unknown impact on the proxy advisor industry. Regulation & Securities Litigation expert Walker Newell notes that unless the SEC challenges the ruling by seeking en banc review from the full 5th Circuit or petitioning the Supreme Court, the agency will need to reinstate the notice-and-comment provisions of the rules. https://lnkd.in/emPpSNQx #wsinthenews #SEC #proxyadvisors

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In this article, author Kyle Lawrence (Falcon Rappaport & Berkman LLP) delves into the U.S. Securities and Exchange Commission's authority to govern digital assets, where that authority comes from, and how it has implemented a “regulation by enforcement” type approach. In reviewing 3 of the highest profile cases in the crypto industry, the article describes what happened in each to date, and what impact the results may have on the industry going forward. #crypto #cryptocurrency #blockchain #enforcement #sec #techREG

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Top legal news of the week: Mintzer Sarowitz acquired by Dallas law firm Philadelphia-based defense litigation firm Mintzer Sarowitz Zeris Ledva & Meyers has been acquired by smaller, Texas-based firm The Willis Law Group. The combined firm will have 98 lawyers spread over 15 offices in seven states. #legalnews #aba #legal #law #lawfirm #lawfirmlife #DefenseCounsel #MintzerSarowitz #MSZW

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Top legal news of the week: Mintzer Sarowitz acquired by Dallas law firm Philadelphia-based defense litigation firm Mintzer Sarowitz Zeris Ledva & Meyers has been acquired by smaller, Texas-based firm The Willis Law Group. The combined firm will have 98 lawyers spread over 15 offices in seven states. #thewillislawgroup.com #thewillislawgroup #twlg #insurancedefense #lawfirm #legal #law #legalnews

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The future of SEC enforcement is up in the air! The Supreme Court is considering a case that could limit the SEC's ability to use in-house proceedings without a jury trial. What's at stake for RIAs? ⚖️Potential For Fairer Enforcement: Jury trials could introduce impartiality and reduce the risk of unfair penalties. 🗣️Strengthened Due Process: RIAs would have a stronger voice in defending themselves against accusations. 🤝Increased Investor Protection: A fairer system could encourage whistleblowers and discourage frivolous accusations. Regardless of the outcome, navigating SEC regulations is complex. AdvisorLaw can be your partner. Stay informed, and protect your RIA's future with AdvisorLaw! Read our latest industry insight: https://lnkd.in/gnVt_H2Y

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