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Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
Class action plaintiffs often aggregate their claims to sue a defendant based on that defendant's tortious course of conduct, on the basis that it has adversely affected all plaintiffs in a similar fashion. That's basically the textbook definition of a class-action lawsuit. But on June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
In Bristol-Myers Squibb Co. v. Superior Court of California, 2017 U.S. LEXIS 3873 (U.S. 6/19/17), the court held that a corporation that engages in a nationwide course of conduct cannot be sued in a state court by anyone not injured within that jurisdiction, unless the corporation has significant contacts there, such as conducting much of its business therein. Eight justices formed the majority, with only one, Sonya Sotomayor, dissenting.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.