Rule 702 of the Federal Rules of Evidence governs expert witness testimony in federal courts. On April 24, 2023, the United States Supreme Court approved an amendment to Rule 702 (the “Amendment”), which will go into effect on December 1, 2023. The amended version of Rule 702 is below; crossed out language has been deleted
Corporate & Commercial
Asbestos Litigation – The New Frontier: Talc
Asbestos, a naturally occurring mineral, has been the subject of mass tort litigation for several decades. While recent trends show a steady reduction in the number of traditional asbestos claims, influx of claims alleging exposure to asbestos-contaminated talc promises to keep asbestos “the longest-running mass tort litigation in the United States.”[1]
Historical Perspective
Shortly…
Emergency Amendments to Licensure of Nursing Facilities Regulations (216-RICR-40-10-1)
On September 29, 2023, the Rhode Island Department of Health (“RIDOH”) announced emergency amendments to the Licensure of Nursing Facility Regulations that will greatly affect the operation and regulatory review of skilled nursing facilities in Rhode Island (the “Emergency Regulations”).[1] The Emergency Regulations are effective as of October 2, 2023 through January 30, 2024.…
What Happens to Your Patents and Trademarks if the USPTO Shuts Down on October 1, 2023?
Introduction
There is a potential for a U.S. federal government shutdown on October 1, 2023, in view of the ongoing discussions in Congress regarding funding for Federal Fiscal Year 2024 (FFY24). The longest government shutdown was under the Trump Administration, which was also the most recent in history, lasting from December 22, 2018, to January…
The Most Unlikely of Mergers May Still Have an Upslope Legal Battle
Details of the Merger
Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other over the two-year lifecycle of LIV. In a dramatic change of heart, the two tours announced they…
Major Changes Coming to Rhode Island’s Zoning and Land Use Law in 2024
After a series of bills became law at the end of the General Assembly’s session in June, significant changes are coming to Rhode Island’s land use and zoning laws beginning in 2024. Among its many changes made, the legislation includes changes to the notice procedure for public hearings, the standards applied to evaluating requests for…
A Rejection Letter from the Supreme Court on Race-Based Admissions Programs: Will Companies’ DEI Programs Suffer a Similar Fate?
On June 29, 2023, the United States Supreme Court issued a decision that will potentially shape the college admissions process for generations of students. In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court held that race-conscious admissions programs violate the Equal Protection Clause of the Fourteenth Amendment.[1]…
The Ethical Challenges of AI-Assisted Legal Practice: Lawyers and ChatGPT
Artificial intelligence (“AI”) is not entirely foreign to the legal profession. AI-powered legal research databases, eDiscovery automation, and juror intelligence services are just a few examples of how lawyers have engaged AI over the past several decades to boost efficiency and streamline routine, high-volume tasks. As AI maintains a fixed presence in the practice of…
Act to Protect Massachusetts Public Health from PFAS Pending Before Massachusetts Legislature
In the aftermath of the COVID-19 pandemic, Massachusetts has focused on the promotion of health and safety of the people of the Commonwealth like never before. Pending before the Massachusetts legislature are two bills which clearly highlight an overarching emphasis of the importance of health and safety in the Commonwealth of Massachusetts.
The two bills…
In re Grand Jury: Supreme Court Avoids the Circuit Split on the Application of the Attorney-Client Privilege to Dual-Purpose Communications
Attorneys and in-house counsel who provide both legal and business advice to their clients should consider the scope of the attorney-client privilege relating to dual-purpose communications. On January 23, 2023, after initially granting certiorari and hearing oral arguments, the Supreme Court issued a one-line order dismissing In re Grand Jury—a case involving the application of…