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  • Article

    DOJ Asserts That State-Owned Enterprises Are "Instrumentalities" Of A Foreign Government

    Last year, two former executives of Terra Telecommunication Corp. were convicted in federal district court in Florida of bribing employees of Haiti Teleco for the purpose of securing better calling rates and ensuring continued phone connection to Haiti.
    United StatesAntitrust/Competition Law
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Supreme Court Decision In PennEast Pipeline Co. V. New Jersey Is Major Win For Pipelines

    The U.S. Supreme Court held that natural gas companies holding a Section 717f(e) certificate have the power to condemn state-owned land under the Natural Gas Act.
    United StatesEnergy and Natural Resources
    Alston & Bird
    Alston & Bird
  • Article

    The Nickel Report: The Shutdown Trickle Down Effects

    With the federal government shutdown finally over after five weeks, the long-term effects are likely to have a lingering impact on regulatory ...
    United StatesEnergy and Natural Resources
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    Court Requires More Specificity For Public Records Requests Seeking E-Mail

    In a recent case, the Indiana Court of Appeals has ruled that state law requires those seeking access to public e-mail must provide the details of what type of e-mail they are seeking.
    United StatesGovernment, Public Sector
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Government Contractors Do Not Enjoy "Governmental Immunity" When They Violate Both Federal Law And Explicit Government Instructions

    Government contractors, while performing work under their federal contracts, may enjoy a form of "derivative sovereign immunity" from private litigation provided certain prerequisites are met.
    United StatesGovernment, Public Sector
    Duane Morris LLP
    Duane Morris LLP
  • Article

    CRS Examines IP Rights Abroad, Considers State Sovereign Immunity In Copyright Suits

    In separate reports, the Congressional Research Service provided an overview of (i) intellectual property rights and international trade and (ii) copyright and state sovereign immunity.
    United StatesIntellectual Property
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Senate Moves To Strip PTAB Sovereign Immunity Defenses

    Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) along with Senators Pat Toomey (R-Pennsylvania), Joni Ernst (R-Iowa), David Perdue (R-Georgia) introduced...
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Smooth Sailing For States To Infringe Copyrights

    The U.S. Supreme Court recently ruled 9-0 that a 1990 law intended to provide a means of redress against States that commit copyright infringement is unconstitutional as written...
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    U.S. Supreme Court Says States Are Immune To Claims For Damages In Copyright Infringement Suits

    The U.S. Supreme Court has ruled that North Carolina, and other states in the U.S., are generally immune from copyright infringement suits that seek compensatory damages unless Congress enacts appropriate legislation.
    United StatesIntellectual Property
    Pearl Cohen Zedek Latzer Baratz
    Pearl Cohen Zedek Latzer Baratz
  • Article

    Bad Bullets Brings Sixth Circuit In Line With Siblings: The Commercial Activity Exception To The Foreign Sovereign Immunities Act

    On March 7, 2016, the Sixth Circuit Court of Appeals joined its sibling circuits by affirming a ruling from the Southern District of Ohio...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Lawsuits Against Colleges And Universities For Transitioning From In-Person To Online Classes: The Latest Wave Of Covid-19 Litigation

    An Auburn University student claims he did not get what he bargained for in being relegated to distance learning instead of having an in-person educational experience.
    United StatesLitigation, Mediation & Arbitration
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    Qualified Immunity And Deadly Car Chases: Is The Pendulum Heading The Other Way?

    The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video.
    United StatesLitigation, Mediation & Arbitration
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Seyfarth Shaw Policy Matters Newsletter - December 13, 2018

    Still Waiting for that Budget. With just over a week to go on the current continuing resolution, we once again find ourselves waiting to see ...
    United StatesLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Sovereign Immunity Available In Virginia Human Rights Act Cases

    On Sept. 19, 2023, the Virginia Court of Appeals held in Fogleman v. Commonwealth of Virginia, that the General Assembly has not waived sovereign immunity under the Virginia Human Rights Act...
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Third Circuit Rules The FCRA Waives U.S. Sovereign Immunity

    On August 24, 2022, the U.S. Court of Appeals for the Third Circuit held that the plain text of the Fair Credit Reporting Act (FCRA) operates as a waiver of sovereign immunity, widening...
    United StatesLitigation, Mediation & Arbitration
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    Fourth Circuit Breaks From 11th Circuit, Holds Clean Air Act Is An Unambiguous Waiver Of Sovereign Immunity

    In State v. United States, North Carolina sued to collect a punitive civil penalty assessed against the Marine Corps under the Clean Air Act for state air permit violations.
    United StatesEnvironment
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    CFTC Refuses To Comply With OCC Subpoena

    The CFTC declined to authorize compliance with a subpoena for documents issued by an OCC administrative law judge ("ALJ") after a finding that the subpoena was invalid and otherwise objectionable.
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Supreme Court Reverses Lower Court And Holds That The Government Did Not Waive Its Sovereign Immunity Under The FCRA Pursuant To The Little Tucker Act

    Because the FCRA has a detailed remedial scheme, only its own text can determine whether the damages liability extends to the Federal Government.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    If The Shoe Doesn't Fit: Supreme Court Rejects "Minimum Contacts" For Personal Jurisdiction Under FSIA

    The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to confirm international arbitration awards, but important questions remain.
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    WhatsApp's Lawsuit Against NSO In US Federal Court Survives Motion To Dismiss

    A US federal district court in California decided that Facebooks lawsuit alleging that NSO Group technology was used to spy on thousands of WhatsApp users may proceed following NSOs motion to dismiss.
    United StatesLitigation, Mediation & Arbitration
    Pearl Cohen Zedek Latzer Baratz
    Pearl Cohen Zedek Latzer Baratz

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