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Dispute Resolution Blog

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  • Blog: MisbrandedFDCA Preclusion: When Can a Manufacturer Defeat a Competitor’s Lawsuit by Complying with FDA Regulations?Posted on January 13, 2020 by Kade N. Olsen, Jane Metcalf
    As many readers probably know, when a food or beverage manufacturer gets a consumer class action alleging that its labeling violated state law, one of the first things it should do is consider whether the disputed aspect of the labeling is covered by the federal Food, Drug and Cosmetic Act (“FDCA”).  Many provisions of that [...]
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  • Blog: Capital Markets LitigationCryptocurrency and Blockchain Litigation Trends and PredictionsPosted on January 3, 2020 by Alexandra Droz
    As cryptocurrency and blockchain technology have expanded, so too have regulatory scrutiny and ensuing litigation. The lack of a uniformly applicable regulatory framework–particularly regarding whether virtual currencies constitute securities subject to the federal securities laws and registration requirements–has led to confusion and uncertainty. Recently filed “fintech” actions are poised to establish precedent in this novel... Continue Reading
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  • Blog: Appellate InsightLegal Ethics: Candor to the Courts & Adverse AuthorityPosted on December 31, 2019 by David Casarrubias
    The line between zealous advocacy and ethical conduct can sometimes become blurry to the advocate seeking to vindicate the client’s cause. And this includes appellate advocacy, not just trial work. Fortunately, the Rules of Professional Conduct inform counsel that ethical duties actually demarcate the boundaries that might otherwise be overlooked. And one of those duties […]
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