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  • Article

    More About Defining Parentheticals!!

    Let's talk some more about using defining parentheticals. *Yay!* Last week's column suggested that defining parentheticals are usually unnecessary because the reader doesn't need help figuring out...
    United StatesLitigation, Mediation & Arbitration
    Markowitz Herbold PC
    Markowitz Herbold PC
  • Article

    Second Circuit Affirms Halkbank's Lack Of Foreign Sovereign Immunity In Criminal Prosecution

    The US Court of Appeals for the Second Circuit recently addressed whether and when foreign sovereigns are immune from criminal prosecutions inside the United States.
    United StatesLitigation, Mediation & Arbitration
    Arnold & Porter
    Arnold & Porter
  • Article

    U.S. Supreme Court To Weigh Sovereign Immunity Defense For "State-Created Entities" Sued In Foreign States

    On July 3, 2025, New Jersey Transit (NJT) was granted a writ of certiorari to the United States Supreme Court regarding the issue of whether states...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • 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

    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

    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

    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

    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

    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

    Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff's Sole Remedy For Injuries Arising From Open Manhole Was State's Highway Defect Statute

    Hartford, Conn. (May 26, 2021) - Section 13a-149 of the Connecticut General Statutes, commonly known as Connecticut's highway defect statute...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Massachusetts Appeals Court Affirms That The Mashpee Wampanoag Tribe Is Protected By Tribal Sovereign Immunity

    In a decision issued on February 15, 2023, the Massachusetts Appeals Court affirmed a trial court ruling that the doctrine
    United StatesLitigation, Mediation & Arbitration
    Rich May, P.C.
    Rich May, P.C.
  • Article

    If You Are On A State Regulatory Board Or Regulated By One, Read This Article

    State governments are often immune from antitrust liability, but a recent U.S. Supreme case demonstrates that is not always the case.
    United StatesAntitrust/Competition Law
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    FFF Sovereign Immunity Series

    In this week's Fund Finance Friday, we release the first installment of our Sovereign Immunity Series, a new series in which we examine, in alphabetical order,
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    2018 In Review – Inter Partes Review Developments, Part 2 Of 2

    Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board's (PTAB) authority to invalidate patents by inter partes review (IPR).
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Patent Infringers Can Be Sued In A Venue Where They Do Not Own Own Or Lease Property If They Hold Themselves Out To The Public As Having Property Or Facilities In That Venue

    A state's sovereign immunity does not allow its agencies to avoid the requirements of the patent venue statute.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Shiver Me Timbers! States Can't Be Sued For Copyright Infringement

    Ahoy, Mateys! Earlier this week, in Allen v. Cooper the United States Supreme Court held that the Copyright Remedy Clarification Act of 1990, a federal statute stripping states of their sovereign immunity from ...
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit

    Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period.
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    ITAR License Exemptions for UK and Australia Co-Opted by "Expedited" Licensing Process

    During the past few years, the United States has been negotiating bilateral agreements with the United Kingdom and Australia that would create a license exemption for exports to those countries of most items controlled by the International Traffic in Arms Regulations (ITAR) (such as defense articles, including commercial satellites, and related technical data).
    United StatesLitigation, Mediation & Arbitration
    DLA Piper Rudnick Gray Cary
    DLA Piper Rudnick Gray Cary
  • Article

    Relators Can Bring Federal FCA Claims . . . In State Court?

    As if the False Claims Act did not already give companies that do business with the government enough to worry about
    United StatesLitigation, Mediation & Arbitration
    Arnold & Porter
    Arnold & Porter

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