Wright on Legal Proof as Warranted Degrees of Belief
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- 2025-07-07 19:15 event
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“Kirkland Stops Repping Novartis After Regeneron Sought DQ” — “A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma’s legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an ‘unthinkable’ conflict of interest by the lawyers, whose firm previously represented Regeneron.” “In endorsing the withdrawal of all five Kirkland attorneys, U.S. District Judge Philip M. Halpern put an end to the brewing fight sparked by Regeneron’s June 17 notice it would move to disqualify the lawyers because Kirkland had spent more than two years helping Regeneron ‘devise a global strategy for protecting its product Eylea’ intellectual property from proposed biosimilars.” “The Kirkland team had only begun appearing for Novartis…
Louisiana is a bit of an outlier in many ways among states in the United States. It has parishes instead of counties, it is former French colony, and it uses the civil law system instead of the common law one. While I have had the pleasure of speaking with lawyers from around the world about litigation in their home jurisdictions, I have long been curious about this very unique place inside the United States. And so I was glad that my law school friend and bandmate, Jason Burge, a partner at Fishman Haygood LLP in New Orleans, took some time to talk with me about litigation in Louisiana.Why should you continue reading this post about litigation in Louisiana?You think you know something about litigation in the United States and want to learn that the country’s legal system has some variations.You thought that litigation in Louisiana was just the same as litigation in France.You are curious about a jurisdiction that permits oral arguments on all contested motions. Jason…
Part 4: Managing Ongoing Compliance and Renewals Welcome back! Now that you’ve filed your Franchise Disclosure Document (FDD) and registrations, it’s important to understand that franchise compliance is not a one-time event — it’s an ongoing responsibility. In this post, we’ll cover: Why ongoing compliance matters Annual renewal requirements Updating your FDD and contracts Handling state-specific requirements Tips for staying ahead of compliance issues How a franchise attorney can keep you on track Why Ongoing Compliance Is Critical Franchising is a regulated industry for good reason — proper disclosures protect prospective and current franchisees and help preserve your brand’s reputation. Failing to maintain compliance can lead to: State regulators suspending your registration Legal claims from franchisees Fines or penalties Damage to your brand and franchise system growth Staying compliant means keeping your…
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Not since before the passage of the Fourteenth Amendment has an American child’s citizenship depended on the state in which they were born or reside. Until now. In Trump v. CASA, the Supreme Court held that federal district courts generally lack the authority to issue “universal” injunctions. The majority cast the decision as a narrow procedural ruling, sidestepping the merits of the underlying dispute concerning the Trump administration’s executive order seeking to restrict the right to birthright citizenship under the Fourteenth Amendment. However, the decision destabilizes foundational principles of our constitutional order and upends how we define who belongs to the American political community. Tucked into Justice Sotomayor’s dissent is the decision’s most alarming consequence: that, for the first time in modern history, children born on American soil may be rendered stateless. As she warns, the threat of statelessness “hangs like…
Syeda Aamna Hasan is a recent Pakistani law graduate currently working as a legal researcher. Torrential monsoon rains have triggered devastating floods across Pakistan in recent days, leaving at least 18 people dead and dozens missing, as the country scrambles to contain the humanitarian fallout of yet another climate-induced disaster. The worst-hit regions include the picturesque Swat Valley in Khyber Pakhtunkhwa (KP), parts of Punjab, and Sindh regions still recovering from the catastrophic floods of 2022. According to the Provincial Disaster Management Authority (PDMA), flash floods in the Swat Valley swept away vehicles and tourists last weekend, killing eight people and leaving more than 13 missing from the same family. Rescue teams saved 58 individuals, but operations remain ongoing. Monsoon rains, which began intensifying in late June, are forecast to continue through September, raising fears of further destruction in flood-prone districts. The floods have…
An American college under attack, including for alleged religious intolerance. A government that seeks to take control of the college’s governance, claiming that the college is hostile to the spirit of a free society. Students unsure whether the college will survive, or whether they should transfer. College trustees, facing a financial crisis, who at first seek to compromise with the government, but then decide that they must resist, notwithstanding the possibility that they might be personally punished for doing so. That is the saga of Harvard today – but also that of Dartmouth College more than 200 years ago, in 1816. (The latter is captured in an 1969 essay titled “Will to Resist,” by Dartmouth’s Librarian of the College, Richard W. Morin.) One of the most consequential Supreme Court decisions arose from the courageous resolve of the Dartmouth College trustees to resist the unlawful encroachments of the New Hampshire governor and legislature.…
On May 13, 2025, a New York court (Prager Metis CPAs LLC v. Koenig, Index No. 652000/2023) held that the non-compete/client non-solicitation clauses (often referred to as ‘restrictive covenants’) in a CPA firm’s employment contract with its CPA employee were too broad (thus, unreasonable) and, therefore, granted summary judgment (without trial) in favor of the CPA employee. This case demonstrates that CPA firms should re-evaluate their non-competition (and non-solicitation clauses) in their contracts with CPA employees. For additional context regarding this case, keep reading. The standard for determining whether restrictive covenant clauses in CPA firms’ employment contracts with its CPA employees are enforceable is based on the seminal court case in New York, BDO Seidman v Hirshberg, 93 NY2d 382, 388-389 (1999), which held that New York courts will enforce a restrictive covenant in an employment contract if is it reasonable, meaning…
Editor’s Note: As cyberspace becomes an increasingly contested domain for both cooperation and confrontation, the articulation of legal norms governing state behavior has never been more vital. The recently published Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States—co-authored by Professor Kubo Mačák, Dr. Talita Dias, and Dr. Ágnes Kasper, and jointly published by the University of Exeter and the NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)—offers a timely and pragmatic resource for Nation States seeking to clarify their legal stances in a digitally interconnected world. More than a reference for conflict scenarios, the Handbook addresses the full spectrum of international legal considerations in cyberspace, spanning peacetime operations, emerging technologies, and strategic legal positioning in multilateral forums. Grounded in extensive consultations with 46…
Richard Wright has posted to SSRN Legal Proof: Warranted Degrees of Belief (Not Statistical/Mathematical Probability). The abstract provides: Considerable confusion exists, especially in common law jurisdictions, regarding the required standards of legal proof. In Evidence Matters, Susan Haack, focusing on...
Mr. Dong-joo SHIN, the former Vice Chairman of Lotte Holdings and current Chairman of SDJ Corporation, filed a derivative action targeting his younger brother, Mr. Dong-bin SHIN, the incumbent Chairman of Lotte Holdings, along with several senior executives of Lotte. The lawsuit, a shareholder derivative action, was filed in a Tokyo District Court on July 4. According to reports in The Yomiuri Shimbun, Mr. Shin is seeking c. 14.4 billion yen (equivalent to around 136 billion Korean won) in damages on behalf of the company. The complaint names six individuals, including Chairman Shin, and alleges that their management decisions resulted in reputational and financial harm to the corporation. Mr. Shin contends that the company’s leadership failed in their fiduciary duties by inadequately responding to the criminal conviction of Chairman Shin, who was found guilty in a bribery case involving former South Korean President Park Geun-hye. Mr. Shin, in short, argues that…
I asked the AI tool Perplexity about AI in legal education. It cited an ABA survey finding that “55% of law schools reported having classes dedicated to AI, 32% offered interdisciplinary opportunities to use AI, and 83% provided opportunities such as clinics involving AI.” It added: “Recent developments show law schools are broadening and deepening … Continue reading Emerging Trends in Law School AI Initiatives →
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