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  • Article

    Lessons For Intellectual Property Owners

    Federal Trade Commission Finds That Rambus, Inc. Distorted the Standard Setting Process By Engaging in Exclusionary Conduct
    United StatesAntitrust/Competition Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Rx for the Prescription Drug Battle

    For the uninsured and elderly in the United States, Canada might provide a solution to obtaining more affordable prescription medications.
    United StatesConsumer Protection
    Hodgson Russ LLP
    Hodgson Russ LLP
  • Article

    Tortilla Slotting Fees Tested -- Verdict For Defendant

    On December 23, in a strongly worded opinion, United States District Judge, Kenneth M. Hoyt of the Southern District of Texas (Houston Division), granted defendant's motion for summary judgment and dismissed plaintiffs' antitrust case (<I>El Aguila Food Products Inc. v. Grama Corp</I>., S.D. Tex., No. H-03-0427, 12/24/03).
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    Proskauer Defeats Motion To Dismiss Filed Against Immigrant Mother And Daughter Affected By Family Separation Policy

    In April 2022, Proskauer, with co-counsel Public Counsel and Squire Patton Boggs, filed suit in Arizona federal court on behalf of a Guatemalan mother and daughter...
    United StatesImmigration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sovereign Immunity And IPR's: And Now, The Rest Of The Story

    Radio great Paul Harvey would always leave listeners hanging during his broadcast, then return from a commercial with "the rest of the story".
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    State Infringement Of Copyright Cannot Proceed In Federal Court, Fifth Circuit Says

    When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in...
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Congress Overturns Presidential Veto On FSIA, Authorizing Suits Against Saudi Arabia For September 11

    The U.S. Congress overturned a veto by President Obama allowing families of the victims of September 11 to sue Saudi Arabia in U.S. courts.
    United StatesLitigation, Mediation & Arbitration
    BakerHostetler
    BakerHostetler
  • Article

    Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

    In a unanimous opinion, the Michigan Court of Appeals affirmed the retroactive application of strict notice requirements under Michigan's Court of Claims Act...
    United StatesLitigation, Mediation & Arbitration
    Butzel Long
    Butzel Long
  • Article

    Dismissal of Price Fixing Claim Affirmed by 11th Circuit

    According to a decision by the U.S. Court of Appeals for the Eleventh Circuit (<I>Prewitt Enterprises, Inc. v. Organization of Petroleum Exporting Countries</I>, 11th Cir., No. 03-11580, 12/18/03), there are no means available under the Federal Rules of Civil Procedure ("FRCP") to serve the Austrian headquarters of the Organization of the Petroleum Exporting Countries ("OPEC") with a complaint of illegal price fixing, absent the consent of OPEC.
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    Foreign Sovereign Immunity In International Construction

    For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    In Newport News School Board V. Z.M. The Supreme Court Of Virginia Leaves No Doubt That Sovereign Immunity Is "Alive And Well" For School Boards Across The Commonwealth Of Virginia

    In the 1960 case of Kellam v. School Board of the City of Norfolk, the Supreme Court of Virginia affirmatively held that school boards are protected from suit for tortious claims by the doctrine of sovereign immunity.
    United StatesLitigation, Mediation & Arbitration
    Pender & Coward
    Pender & Coward
  • Article

    Texas Supreme Court Declines To Waive Sovereign Immunity In Premises Defect Case

    The Supreme Court of Texas recently upheld a Thirteenth Court of Appeals' judgment finding that the plaintiffs in a premises defect case brought against the Texas Department of Transportation (TxDOT)...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Tribal Sovereign Immunity Cannot Bar IPR Review: Federal Circuit

    The Federal Circuit ruled on Friday July 20, 2018 that tribal sovereign immunity cannot bar inter partes review (IPR) proceedings before the U.S. Patent and Trademark Office (PTO) ...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    U.S. Supreme Court Denies Review Of County's Tax Dispute With Cayuga Nation

    On June 7, 2021, the United States Supreme Court denied Seneca County's (New York) petition for certiorari
    United StatesLitigation, Mediation & Arbitration
    Snell & Wilmer
    Snell & Wilmer
  • Article

    WTO Appellate Body Upholds Special Safeguard Measure Imposed By The United States On Certain Chinese Tires

    On September 5, 2011, the Appellate Body of the World Trade Organization (WTO) published its report on United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (DS399).
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Year In Review — Highlights From 2023

    First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.
    United StatesLitigation, Mediation & Arbitration
    Steptoe LLP
    Steptoe LLP
  • Article

    Supreme Court Strikes Down Statute Abrogating State Sovereign Immunity From Copyright Infringement Lawsuits

    On Monday, March 23, in the case of Allen v. Cooper, No. 18-877, the Supreme Court held that states and state entities cannot be sued for copyright ...
    United StatesIntellectual Property
    Arnold & Porter
    Arnold & Porter
  • Article

    Antitrust Agencies Focus On The Health Care Industry

    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    PETA’s Monkey Speech Claim Fails

    As we previously reported, animal rights group, People for the Ethical Treatment of Animals (PETA), sued the National Institutes of Health and Mental Health in federal court seeking to compel the defendants...
    United StatesLitigation, Mediation & Arbitration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

    The enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations...
    United StatesLitigation, Mediation & Arbitration
    IR Global
    IR Global

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