Mondaq USA: Litigation, Mediation & Arbitration
Milbank, Tweed, Hadley & McCloy LLP
In December 2014, an opinion issued by Attorney General Wathelet in Gazprom (C- 536/13) appeared to pave the way for the return of the anti-suit injunction in European arbitration.
Foley & Lardner
Last Friday, Wisconsin's supreme court announced that it had accepted seven new cases. Three of them are of particular interest to Wisconsin businesses.
Foley & Lardner
Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement's scope.
WilmerHale
In October 2014, GT Advanced Technologies (GT), a Delaware corporation with a principal place of business in New Hampshire, filed a petition for relief under Chapter 11 of the Bankruptcy Code (Code) in the District of New Hampshire.
Blank Rome LLP
New Jersey's Appellate Division has made clear that low value consumer fraud class actions pending in its state courts are not subject to an ascertainability analysis.
Mayer Brown
The general counsel of a global technology company has received a patent infringement complaint filed with the International Trade Commission (ITC).
Foley & Lardner
Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement's scope.
McGuireWoods LLP
The so-called "crime-fraud exception" can strip away privilege protection from otherwise privileged communications that further clients' future criminal or fraudulent conduct.
Bradley Arant Boult Cummings LLP
On May 22, 2015, the United States Court of Appeals for the Sixth Circuit Court of Appeals addressed an important choice-of-law issue for parties involved in multidistrict litigation.
Fox Rothschild LLP
The Superior Court recently enacted Administrative Directive 2015-4. This Directive amends and supersedes Administrative Directive 2011-5 regarding the Bench-Bar Program.
WilmerHale
The U.S. Supreme Court today resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2) the FCA's first-to-file bar, 31 U.S.C. § 3730(b)(5), ceases to apply once the earlier-filed action that might have created the bar has been dismissed.
Frost Brown Todd
The key issue facing the Court in Robins is whether Article III standing can be conferred when a plaintiff suffers no injury, but can instead only recover statutorily imposed penalties.
Fox Rothschild LLP
The Delaware Supreme Court and the Court of Chancery have each amended their Rules to implement the Delaware Rapid Arbitration Act.
Blank Rome LLP
Action Item: Byrd, the latest in a recent line of cases from the Third Circuit concerning the ascertainability standard, emphasizes the importance of keeping the ascertainability analysis distinct from Rule 23's other requirements.
Orrick
Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015)
Foley & Lardner
The case was back before the Seventh Circuit following the Supreme Court's vacating of the Seventh Circuit's 2014 opinion with directions to review the case in light of the Court's Hobby Lobby opinion.
McGuireWoods LLP
Lawyers and accountants have always had an uneasy relationship, and that tension extends to the attorney-client privilege context. Accountants can either be inside or outside privilege protection.
Mayer Brown
Today, the Supreme Court issued three decisions, described below, of interest to the business community
Fox Rothschild LLP
In an opinion released April 22, 2015 Florida's First District Court of Appeals upheld a trial court's ruling that Section 713.3471(2) of Florida's Construction Lien Law precluded common law remedies.
Holland & Knight
Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Those that excel at innovation should be entitled to focus on doing so without diverting their attention.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In a straightforward application of Section 2(a) of the Lanham Act, the TTAB upheld a refusal to register the mark PORNO JESUS for adult entertainment videos finding the mark may disparage Christian-Americans.
Ford & Harrison LLP
Prudent employers will proactively seek to correct past mistakes quickly to mitigate the risk of fines and penalties.
Reed Smith
In Pontiac General Employees Retirement System v. Ballantine, et al., the Delaware Chancery Court refused to dismiss a claim against a lender for aiding and abetting a breach of fiduciary duty by the borrower's directors.
Troutman Sanders LLP
In Donaldson, the court rejected the plaintiff's argument that filing the proofs of claim mischaracterized the legal status of the debt.
Reed Smith
Last week, the Maryland General Assembly wrapped up its 2015 legislative session.
McDermott Will & Emery
Georgia-Pacific, a leading paper products company, owns a trademark for ENMOTION for use in connection with touchless paper towel dispensers and related goods.
Fenwick & West LLP
A recent Delaware Supreme Court case authored by Chief Justice Strine upholds the literal meaning of an earn-out provision that limited the buyer from taking action "intended to reduce or limit an earn-out payment."
Barnes & Thornburg
Distributors selling products marked as "Made in U.S.A." may face an increased risk of being sued in California if those products contain even minor foreign components.
Stites & Harbison PLLC
If you practice in federal court, pay close attention to the changes to the Federal Rules of Civil Procedure arriving in 2015.
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