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On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the EO) and certain proposals outlined in last year’s advance notice…

Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of “property.” Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space. NFTs, however, have played a major role in shifting our valuation of assets beyond the physical realm, extending instead to the recognition of…

The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred….By: Epstein Becker & Green

Earlier this year, the International Agency for Research on Cancer (IARC) announced that it will be evaluating “automotive gasoline and some oxygenated additives” between February and March 2025.  IARC Monographs – Volume 138 – IARC Monographs on the Identification of Carcinogenic Hazards to Humans (who.int).  The additives to be evaluated include MTBE, ETBE, DIPE, and…

There now is increased interest about the written description and enablement requirements for patent applications claiming antibodies. This may stem from the recent U.S. Supreme Court decision in Amgen v. Sanofi, finding lack of enablement for broad antibody claims….By: Lathrop GPM

Williams v. First Student, Inc., 2024 WL 1132237, No. 20-cv-1176 (CPO) (SAK) (D. N.J. Mar. 15, 2024) – The plaintiffs’ sought to obtain a preclusion of expert evidence and adverse inference at trial for failure to maintain video after an infant plaintiff disembarked one school bus and was struck by another company’s school bus, causing…

Vadnais v. United States of America, 2024 WL 1101823, No. 21-cv-0012 (KHP) (S.D.N.Y. Mar. 13, 2024) – This matter may be a perfect example of the strategic benefit of litigating in federal court as opposed to New York State courts whenever possible. This case involved a classic type of he said/she said scenario, which revolved…

Estate of Coumbassa v. Hickle, 2023 WL 8234445, 2023-Ohio-4292 (Ohio App. Nov. 28, 2023) – A fantastic set of facts saw a lower court’s ruling affirmed by the appellate court when a motorist/decedent, whose actions were interpreted as “intentional” and could ultimately have been suicidal, created two collisions with tractor trailers while traveling eastbound on…

The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and imported in the U.S. under the Toxic Substances Control Act (TSCA). For background on the Rule, see Holland & Knight’s previous alert, “EPA Publishes Comprehensive PFAS……By:…

When tasked with assessing the admissibility of expert testimony under Federal Rule of Evidence 702, courts often cite the so-called Daubert factors as criteria that guide the inquiry. Among those factors is “whether the [expert’s] theory or technique has been subjected to peer review and publication.” Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579…