Searching Content indexed under Litigation, Mediation & Arbitration by Steptoe & Johnson LLP ordered by Published Date Descending.
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Sixth Circuit Allows ß 1782 Discovery In Private International Arbitration
First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.
United States
10 Oct 2019
One Supreme Court Arbitration Case To Watch This Fall
First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.
United States
8 Oct 2019
ERISA Arbitration Looks Safer; Ninth Circuit Reverses District Court, Sends Fiduciary Dispute To Arbitration
The US Court of Appeals for the Ninth Circuit's recent reversal of the district court's decision in Dorman v. Charles Schwab & Co. has finally opened the door to arbitration of ERISA ...
United States
7 Oct 2019
A Tale Of Two Texts: Are Unsolicited Text Messages Ever OK Under The TCPA?
An important question in the wake of Spokeo Inc. v. Robbins has been how the "concrete" injury requirement limits, if at all, federal jurisdiction over statutory penalty lawsuits where the ...
United States
7 Oct 2019
1st Circuit Dismisses $3.66 Billion Class Action Against Eversource, Avangrid
The "filed rate" doctrine prohibits collateral attacks on tariff rates, terms, and conditions established by federal and state regulatory agencies.
United States
3 Oct 2019
Supreme Court Limits Forum Shopping In TC Heartland
The Supreme Court has rejected a Federal Circuit rule that effectively allowed a patent owner to file suit anywhere a defendant does business.
United States
20 Jun 2017
Changes In IRS Appeals Could Create Difficulties For Taxpayers
Recent changes within the IRS Office of Appeals (Appeals) have resulted in clarifications and modifications to IRS Appeals policy.
United States
18 Nov 2016
Judge Swain: CPLR "Leave And Mail" Service
In an opinion yesterday, Judge Swain ruled that "leave and mail" service under the CPLR was inconsistent with due process when used on a nonresident, at least where the case arises outside New York.
United States
7 Jan 2016
Federal Court Addresses Allocation Of Defense Costs
In National Union Fire Insurance Company of Pittsburgh, Pa. v. Essex Insurance Company, Civil Action No. 13-32, 2013 WL 6328792 (W.D. Pa. Dec. 5, 2013), a federal district court applying Pennsylvania law denied motions to dismiss and for joinder that an insurer filed against two other insurers who were seeking recovery of defense costs.
United States
24 Dec 2013
Federal Court Rules On Consequences Of Insurerís Alleged Change Of Coverage Position Predicated On Post-Contracting Case Law
In a recent case, the United States District Court for the District of Hawaii, applying Hawaii law, granted summary judgment to commercial liability insurers on their policyholderís bad faith counterclaim and request for punitive damages.
United States
12 Nov 2013
Hawaii District Court Finds Faulty Workmanship Not An Occurrence Under CGL Policy In Construction Defect Case
In a recent case, the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Companyís motion for summary judgment on its complaint for declaratory judgment and held that Nautilus did not have a duty to defend or indemnify defendant 3Builders, Inc. for alleged damages flowing from the faulty installation.
United States
23 Jul 2013
Impact Of Incomplete Notice Of Prior Art
The International Trade Commission (ITC) continues to be a popular venue for enforcing intellectual property rights through Section 337 investigations due, in part, to the fast pace at which the investigations are completed, with most lasting about 16 months.
United States
19 Jul 2013
Recent Developments Highlight Value Of Robust Compliance Programs In Avoiding Prosecution For Employee Conduct, May Signal US Authoritiesí Response To FCPA Reform Pressures
Recent weeks have highlighted the value of effective corporate compliance programs in deflecting enforcement activity against companies.
United States
31 May 2012
US Supreme Court Considers Corporate Liability Under Alien Tort Statute For Extraterritorial Human Rights Claims
On February 28, 2012, the United States Supreme Court heard oral argument in an important case interpreting the Alien Tort Statute (ATS), Kiobel v. Royal Dutch Petroleum Co.
United States
22 Mar 2012
UN Guiding Principles For Business & Human Rights: Issuance Of Ruggie Principles Portends Increasing Need For Multinational Businesses To Focus On Human Rights Compliance
Professor John Ruggie, the United Nations Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, issued a final Report and Guiding Principles on Business and Human Rights on March 24, 2011.
United States
24 May 2011
Section 337 Update: Prosecution Bar Denied For Failure To File Timely Motion
During the course of a Section 337 investigation before the US International Trade Commission ("ITC"), a partyís confidential information is normally disclosed to opposing counsel and experts for the other side as part of the discovery process, under the terms of a Protective Order governing use of confidential information.
United States
1 Mar 2011
Taxation Of Clean Rooms
The Arizona Legislature has provided substantial tax benefits for clean rooms and their equipment. For property tax purposes, clean rooms will be treated as personal property and thus will be eligible for accelerated depreciation, and will not be taxed while under construction.
United States
30 Jun 2004
Consumerís Use Tax On Out-Of-State Purchases
The Arizona Legislature enacted the use tax in 1955 and it took effect on July 1, 1956. The then Governor of Arizona, Earnest W. McFarland, called a special session of the legislature to enact the tax to protect local retailers from residents going out of state to make their purchases free of the sales tax.
United States
28 Jun 2004
Tax Issues in Employment Settlements
or the parties negotiate a settlement before a j udgment is rendered. The parties also may negotiate a settlement after a judgment is rendered in order to avoid the appeals process. This outline focuses primarily on the tax issues of employment-related settlements. Nevertheless, the manner in which an employmentrelated dispute is settled has little, if any, significance for federal tax purposes.
United States
18 Jun 2004
Tax Planning for Contributions of Property To Partnerships
Under the general rules of sections 721 and 731 of the Internal Revenue Code of 1986, as amended (the "Code"), contributions of property to and distributions of property from a partnership are not generally taxable to either the partnership or its partners. However, as part of the Deficit Reduction Act of 1984, Congress enacted section 707(a)(2)(B).
United States
10 Jun 2004
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