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International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries
18 Sep 2019
Strategic Advice for Defending an Investigation in the U.S. ITC from a Position of Strength
The U.S.-China trade relationship is at an especially unique moment following the countries' imposition of tariffs on hundreds of billions of dollars of each other's goods.
United States
21 Nov 2018
Thinly Pled Allegations Of Trade Secret Misappropriation Under DTSA Are Vulnerable To Dismissal
A dismissal with prejudice is a plaintiff's worst fear realized. When it comes to alleging a proper claim for trade secret misappropriation, the Western District of Kentucky recently reminded plaintiffs...
United States
29 Mar 2017
Orrick Appellate Team Files Amicus Brief In Major U.S. Supreme Court Case Involving U.S. Border Patrol Shooting
Raising major public policy questions in one of the most closely watched cases on the U.S. Supreme Court's docket this term...
United States
28 Dec 2016
SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 For Using Severance Agreements That Provided A Waiver Of Any Monetary Recovery For Filing A Tip
Today, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that it in its view might impede employees from communication...
United States
17 Aug 2016
Delaware Chancery Court Finds That Director Defendants Can Not "Merge Their Way Out Of" Breach Of Fiduciary Claims
On July 28, 2016, the Delaware Chancery Court allowed claims of unfair dealing against the Board of property management company Riverstone National Inc. to survive where the directors facilitated a...
United States
9 Aug 2016
New York Court Dismisses Claims Against Equifirst And Barclays As Untimely
On July 25, 2016, Justice Marcy Friedman of the New York Supreme Court dismissed a $619 million suit brought by U.S. Bank in its capacity as Trustee of an RMBS trust against the originator of the loans, Equifirst, Barclays'...
United States
8 Aug 2016
Gatekeepers No More: Delaware Supreme Court Clarifies Scope Of Potential Financial Advisor Liability In M&A Sales Transactions
On November 30, 2015, the Delaware Supreme Court issued a 107-page opinion affirming the Court of Chancery's post-trial decisions in In re Rural/Metro Corp. Stockholders Litigation...
United States
14 Dec 2015
Summary Of December 2015 Amendments To The Federal Rules Of Civil Procedure
Amendments to the Federal Rules of Civil Procedure ("Rules") that took effect on December 1, 2015, are expected to impact numerous aspects of civil litigation...
United States
10 Dec 2015
RECAPPING THE NEW RULES – Amendments To The Federal Rules Of Civil Procedure Are Effective
As we posted earlier this month, amendments to the Federal Rules of Civil Procedure ("Rules") are effective December 1, 2015.
United States
8 Dec 2015
A BETTER WAY TO LITIGATE? – The December 1, 2015 Amendments To The Federal Rules Of Civil Procedure Aim For More Efficiency And Less Delay
Civil litigation can sometimes be less than civil or efficient. Indeed, some parties have been found to engage in "abusive" discovery practices or dilatory tactics intended to prolong and increase the costs of litigation.
United States
20 Nov 2015
When "Purchase Now" Is Not Enough – Local Court Of Cologne Sets (Too) Strict Standards For The Button Solution In German E-Commerce
The court of Cologne's reference to sales on trial is not particularly convincing, as in a case of a sale made on account there is also no immediate obligation to pay the purchase price.
14 Apr 2015
Reversals Of Fortune: Putting The Brakes On Section 10(b) And Section 11 Claims Against Auditors Of China-Based Companies
A federal court’s recent dismissal of Securities Exchange Act claims against the auditor of a Chinese company prompted us to examine the state of recent U.S. civil securities litigation against accounting firms.
United States
10 Feb 2015
Suit Against Morgan Stanley Dismissed For Lack Of Standing
Justice Eileen Bransten of the Supreme Court of the State of New York dismissed all claims in a suit brought by investment vehicle Sealink Funding Ltd.
United States
1 May 2014
Orrick Submits Comments To Civil Rules Advisory Committee Regarding The Proposed Amendments To The Federal Rules Of Civil Procedure
On February 12, Orrick submitted written comments regarding proposed amendments to the Federal Rules of Civil Procedure intended to facilitate more meaningful discovery efforts and to reduce cost and delay in litigation.
United States
19 Feb 2014
Private Actions In Competition Law: Recent Developments
Private damages actions in competition law continue to mature across Europe, with the past few months seeing some significant developments at both a national and supra-national level.
European Union
6 Feb 2014
Federal Court Dismisses RMBS Breach Of Contract Action Against GreenPoint As Time-Barred
On January 10, Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York dismissed a lawsuit brought by U.S. Bank National Association as trustee for Lehman XS Trust, Series 2006-4N against GreenPoint Mortgage Funding, Inc.
United States
27 Jan 2014
Motion To Dismiss Granted In Part In J.P. Morgan And WMC RMBS Trust Suit
On November 22, Justice Shirley Werner Kornreich of the Supreme Court of the State of New York partially dismissed a putback action brought by the trustee for the J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 against J.P. Morgan Chase & Co. and WMC Mortgage.
United States
17 Dec 2013
Chief Justice Roberts Puts Cy Pres Settlements On The Supreme Court’s Radar
In "Marek v. Lane", the U.S. Supreme Court refused to grant review of the 9th U.S. Circuit Court of Appeals’ denial of a challenge to a "cy pres" settlement.
United States
4 Dec 2013
Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners?
Every antitrust lawyer should be familiar with the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426, which overturned a 3rd U.S. Circuit Court of Appeals decision affirming an order certifying an antitrust class action under Federal Rule of Civil Procedure 23(b)(3).
United States
10 Oct 2013
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