Searching Content indexed under Court Procedure by Fenwick & West LLP ordered by Published Date Descending.
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Class Action Defendants Win Home Court Advantage In Supreme Court Ruling On Specific Jurisdiction In Bristol-Myers Case
In a decisive 8-1 vote, the U.S. Supreme Court rejected a theory of specific jurisdiction that would allow a state court to assert specific jurisdiction over the claims...
United States
5 Jul 2017
Add Your Voice: What Lawyers Can Do To Defend The Rule Of Law (Video)
Fenwick partner and ABA Section of Litigation Chair Laurence Pulgram discusses why it is critical for lawyers to stand up for the judiciary, the Constitution and the justice system.
United States
12 May 2017
CA Supreme Court Holds Arbitration Provisions Waiving Right To Seek Public Injunctive Relief "In Any Forum" Are Unenforceable
In a closely-watched case, the California Supreme Court recently held in McGill v. Citibank, N.A. that arbitration clauses that foreclose a plaintiff's right to pursue public injunctive relief in any forum are invalid and unenforceable.
United States
19 Apr 2017
Biosimilars: Supreme Court Grants Certiorari In Amgen v. Sandoz
On Friday, January 13, the Supreme Court granted certiorari in Amgen v. Sandoz (Nos. 15-1039 & 15-1195). The Supreme Court originally deferred its decision on the parties' certiorari petitions...
United States
27 Jan 2017
What's New With The Changes To The Trademark Trial And Appeal Board Rules Of Practice
The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017.
United States
7 Nov 2016
Catch Up With Discovery Practice Under Amended FRCP
In December, proposed amendments to the Federal Rules of Civil Procedure took effect. These amendments introduce measures aimed at making discovery practice more efficient and effective.
United States
9 Mar 2016
The Top Seven Takeaways From The December, 2015 Federal Rules Amendments
Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate "over-preservation" of records and expedite deadlines?
United States
24 Jan 2016
ESI & eDiscovery FRCP Changes @ 12/1/15 — While You Were Leftover-Eating
Now that you've likely had your fill of turkey sandwiches, turkey salad, turkey soup and the like, there is a new development on which to focus.
United States
2 Dec 2015
Prevailing FEHA Defendant Not Entitled To Litigation Costs Unless Plaintiff's Lawsuit Lacked Objective Basis
Loring Winn Williams, a firefighter, sued his employer for alleged disability discrimination under the FEHA.
United States
20 May 2015
Hana Financial v. Hana Bank—The Supreme Court Reaffirms The Power Of The Jury To Decide Issues Of Commercial Impression In A Trademark Tacking Decision
The Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial impression.
United States
26 Jan 2015
Supreme Court Rules On "Reverse Payment" Settlements In Federal Trade Commission v. Actavis, Inc.
The U.S. Supreme Court has recently held in "Federal Trade Commission v. Actavis, Inc." that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court assesses any anti-competitive effects of such agreements.
United States
18 Jun 2013
The Federal Circuit Provides Guidance On When To Consider Judicial Economy In A Transfer Motion
A recent Federal Circuit decision explains that a transfer motion is to be decided "based on the situation which existed when suit was instituted...
United States
15 Apr 2013
California Supreme Court Announces Sea-Change In Rules Governing Use Of Parol Evidence To Show Fraud In Contract Interpretation
The California Supreme Court issued a unanimous decision clarifying – and ultimately rewriting – the applicable legal standard for introduction of parol evidence to show that a contract is tainted by fraud.
United States
4 Feb 2013
California Supreme Court Settles Law Regarding Enforceability Of Non-Competition Agreements, Releases Of Claims
Upholding earlier California Court of Appeal decisions and disagreeing with the federal Ninth Circuit Court of Appeals, the California Supreme Court has ruled in “Edwards v. Arthur Andersen LLP”, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 (“Section 16600”), even if narrowly drawn, unless they fall within an express statutory exception.
United States
11 Aug 2008
Vegans (And Foodies) Rejoice: D.C. Circuit Rules For FTC In Whole Foods Merger Case
In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction.
United States
31 Jul 2008
Employers Must Make Meal And Rest Breaks Available To Non-Exempt Workers;
In a victory for California employers, a California appellate court ruled that an employer's duty to "provide" rest and meal breaks to employees means that the employer need only make such breaks available to employees, and not that it ensure that employees actually take such breaks.
United States
29 Jul 2008
California Court Of Appeal Rules Contractual Provisions To Submit Disputes To Judicial Referee Are Enforceable
On August 21, 2006, the California Court of Appeal ruled in Woodside Homes of California Inc. v. Superior Court (Wheeler), 06 C.D.O.S. 7777, that pre-dispute contractual agreements to submit controversies to a judicial referee pursuant to California Code of Civil Procedure sections 638 et seq. are enforceable under California law despite the Supreme Court’s holding last year in Grafton Partners L.P. v. Superior Court, 36 Cal. 4th 944 (2005), that pre-dispute contractual waivers of trial by jury
United States
21 Sep 2006
Fenwick Employment Brief - "At Will" Means "At Will"
The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California.
United States
18 Aug 2006
California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services
On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.
United States
13 Feb 2006
Fenwick Employment Brief – November 2005
The California Court of Appeal recently ruled that, although an employer may ordinarily refuse to communicate through an employee’s attorney during the interactive process to reasonably accommodate an employee’s disability, in some limited circumstances the employer may need to communicate with an employee’s attorney.
United States
8 Dec 2005
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