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By Kedar Bhatia, Shamoil Shipchandler
The finale of the latest Supreme Court Term featured a landmark ruling on same-sex marriage, narrow defenses of President Barack Obama's signature healthcare law and independent redistricting commissions, and a little case about a man caught in possession of a short-barreled shotgun.
By Daniel Hemli, Jacqueline Java, Rebekah Scherr
On February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision finding that the merger of two healthcare providers in Idaho violated antitrust laws.
By Jennifer Feldsher, Andrew Schoulder, Robb Tretter
The United States Court of Appeals for the Seventh Circuit issued its much anticipated decision in In "Re River Road Hotel Partners, LLC", __ F.3d __ (7th Cir., June 28, 2011). In the closely watched case, the Seventh Circuit declined to follow the Third Circuit’s decision in "Philadelphia Newspapers", 599 F.3d 298 (3d Cir. 2010), holding instead that secured lenders have the right to credit bid in "free and clear" asset sales where their liens are being stripped, whether those sales occur under
By Cheri Hoff, Josephine Moon
On June 22, 2011, the Securities and Exchange Commission (SEC) adopted rules implementing certain provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
By Michael Hefter, Seth Cohen
New York’s highest court yesterday reinstated a $5 billion lawsuit brought by a group of banks, including Bank of America and Wells Fargo, against insurance giant MBIA. ABN AMRO Bank, et al. v. MBIA Inc., et al., — N.E. 2d –, 2011 WL 2534059, slip op. (June 28, 2011).
By Evan Flaschen, David Lawton
Enron seems like ancient history but the Second Circuit has just issued an important decision in an Enron appeal confirming that the redemption of commercial paper made through DTC is entitled to the Bankruptcy Code § 546(e) exemption for "settlement payments" and, therefore, exempt from attack as preferential transfers.
By Michael Raspino, Robert Frenchman, Julian Rainero, David Sieradzki, Jeffrey Whittle
Despite winning in court to protect valuable copyrights, Wall Street firms are unable to protect their valuable trading recommendations as federal and state laws collide in Barclays Capital Inc. v. Theflyonthewall.com, Inc.1 (pending any potential review on appeal).
By Daniel Hemli, Jacqueline Java
The U.S. Department of Justice Antitrust Division, one of the two federal antitrust authorities, recently released an updated version of its Policy Guide to Merger Remedies.
By Jonathon Hance, Constance Rhebergen, Michael Samardzija, Ph.D., Jeffrey Whittle
On June 23, 2011, in a strong show of bipartisan support, the House of Representatives passed House Bill H.R. 1249 (titled the "America Invents Act"). The Bill, which passed 304-117, now moves into conference committee where managers from both the House and the Senate will meet to reconcile a number of relatively minor differences in H.R. 1249 and the related Senate Bill S. 23 (which passed overwhelmingly in March).
By Erin Hennessy, Ryan Gum, Jonathon Hance, Matt Schneller, Jeffrey Whittle
The Internet Corporation for Assigned Names and Numbers (ICANN) officially approved its long-germinating program to dramatically expand the number of generic top-level domain names (gTLDs).
By Michael Hefter, Seth Cohen, Laurence Silverman
On June 7, 2011, the New York Court of Appeals affirmed the dismissal of a $900 million lawsuit brought by former shareholders against America Movil SAB ("Movil"), Latin America’s largest mobile phone carrier, on the grounds that a general release entered into by the parties in 2003 barred Plaintiffs’ claims. Centro Empresarial Cempresa SA et al. v. America Movil SAB de CV et al., -- N.E. 2d --, 2011 WL 2183293, slip op. at 1, 14 (June 7, 2011).
By Denver Bisignano, Constance Rhebergen, Jeffrey Whittle
Patent owners beware! Over the past year, the Federal Circuit has issued two major rulings1 which stand as a warning to patent owners that when requesting reissue of an arguably defective patent.
By Jonathon Hance, Heath Novosad, Michael Samardzija, Ph.D., Jeffrey Whittle
Yesterday, the Supreme Court unanimously ruled that an accused infringer must prove its invalidity defense by clear and convincing evidence. Microsoft Corp. v. i4i Ltd. P'ship, --- S. Ct. --- 564 U.S. ---, 2011 WL 2224428, slip op. at 1, 16 (June 9, 2011).
By Jonathon Hance, Jay Aldis, Michael Samardzija, Ph.D., Robert Sheeder, Jeffrey Whittle
On June 6, 2011, the United States Supreme Court ruled that the Small Business Patent Procedures Act of 1980 (a/k/a the Bayh-Dole Act).
By Linda Morgan, John Barr Jr., Michael Samardzija, Ph.D., Christopher Shield, Jeffrey Whittle
In a split in its' decision (6-1-4), the Federal Circuit’s May 25, 2011 en banc opinion in Therasense, Inc. v. Becton, Dickinson and Co. attempts to unify the patch work of opinions on inequitable conduct, which is a judicially-created doctrine rooted in the U.S. Supreme Court’s cases on the doctrine of "unclean hands" where egregious conduct had occurred.
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