Faegre Drinker’s Post

A federal judge issued a mixed ruling in a case over health exam reminder calls and TCPA violations, denying both the defendant's summary judgment and the plaintiff's class certification. The case — which Mike Daly and Krista Hartrum review in this post for our "TCPA Blog" — highlights the complexities of TCPA litigation.

The Minnesota Lawyer “Power 30” list recognizes those whose mere presence on a case signifies the stakes, who have influenced the direction of the law, whose leadership in the community is pervasive and whose respect within the bar is undeniable. The publication named late business litigation practice group leader Debbie Ellingboe and business litigation partners Aaron Van Oort, Michael Cockson and Randall Kahnke as 2024 “POWER 30: Business Litigation” honorees. As part of the recognition, Minnesota Lawyer highlighted each of the individuals with a profile about their respective practices and contributions. Debbie’s profile outlined how she is remembered by friends and colleagues as a brilliant lawyer, how she cared deeply for her colleagues, and was generous with her support and advice. In Randy’s profile, he discussed the challenges of business litigation, which tend to be anticipating problems and managing risk. Aaron’s profile shared his skills as a legal strategist, class action litigator, and appellate lawyer, highlighting cases with UnitedHealthcare and Anywhere Real Estate, Inc. The publication spoke of Michael’s practice and dedication to pro bono work in his profile. Congratulations, all!

Please help us welcome Diego Ortega, who has joined Faegre Drinker as government and regulatory counsel in the firm's Washington, D.C. office! He brings extensive experience advising multinational companies on economic sanctions, export controls, customs laws, and reviews by CFIUS, with a strong background from his time at the U.S. Department of the Treasury’s Office of Foreign Assets Control and in private practice.

We’re thrilled to announce that Faegre Drinker has received both the 2024 “Top Performer” and “Compass Award” from the Leadership Council on Legal Diversity (LCLD)! These distinctions underscore our commitment to fostering diversity and inclusion in the legal profession. As one of only 111 organizations to receive both awards, Faegre Drinker is proud to actively participate in LCLD’s impactful programs, working towards meaningful change in our industry.

Lone Pine orders are important in complex lawsuits, requiring plaintiffs to show key evidence early on. In the recent Taxotere MDL case, the court upheld such an order, asking plaintiffs to prove they had chemotherapy-induced hair loss with expert diagnoses. Some plaintiffs argued this was unfair, especially for those who had passed away, but the court disagreed, saying these orders help identify weak cases and keep things fair. You can learn more about the case in this post by Eric Friedman and Tom Prible for the “Faegre Drinker on Products” blog.

In an article for The Legal Intelligencer, Andrew Kassner and Joseph Argentina review a decision from the Ninth Circuit that overturned a bankruptcy court ruling that had been upheld by the district court. The ruling dealt with dividing the sale proceeds of real property between the IRS for its tax lien and the bankruptcy estate.

The LMG Life Sciences rankings celebrate the firms, individuals and companies behind the most innovative and challenging life sciences work of the past year. We are proud to share that Faegre Drinker’s Jonathan Zimmerman, Matt Stamski, Andrea Roberts Pierson, Reed Abrahamson and Peter Blenkinsop were named 2024 “Leading Life Sciences Lawyers” by LMG Life Sciences. Reed was also recognized as a 2024 “Rising Star.” Congratulations, all!

The UK Employment Rights Bill brings sweeping reforms aimed at enhancing worker protections while also supporting employers. In this alert, Alex Denny, Emma Vennesson, Brooke Razor and James S. highlight what employers should know and review key changes to existing rules and regulations.

The Supreme Court has agreed to hear Cunningham v. Cornell University, a case where the plaintiffs accused Cornell of mishandling their retirement plans by allowing excessive fees and selecting poor-performing investment options. This case could have a significant impact on how we understand fiduciary responsibilities under ERISA. A key question also at play: Is a "prohibited transaction" considered a valid claim under ERISA? In this edition of Thinking ESOPs, Rick Pearl discusses this important issue — which courts and parties seem to have overlooked — and its impact on ESOPs.

A Florida court dismissed a pending False Claims Act case on the grounds that the whistleblower provisions of the FCA are unconstitutional under the Appointments Clause of the U.S. Constitution. Although the case has no direct precedential effect outside the Middle District of Florida, courts should anticipate defendants will rush to raise the same constitutional challenge in other FCA cases throughout the country. You can learn more about the case and its impact in this alert by Brittany Fisher and Carolyn F. McNiven.