535 results found

On January 20, 2016, the Supreme Court clarified the scope of "Yearsley immunity" – a form of derivative sovereign immunity available to qualifying government contractors – in its decision in Campbell-Ewald Co. v. Gomez.

In Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.

When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...

Under the Copyright Act, "there is no time limit on monetary recovery" for a timely claim. So held the Supreme Court last week in Warner Chappell Music, Inc. v. Nealy.

The U.S. Copyright Office published a Full Report on its State Sovereign Immunity Study, announced in the wake of the U.S. Supreme Court's decision in Allen v. Cooper.

The Obama Administration has filed a supplemental amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum arguing for significant limitations on the application of the Alien Tort Statute ("ATS") to conduct outside the United States.

Many developing countries with little or no access to money and banking that have commonly traded raw materials, such as iron for chickens, or grain for coffee, may soon have the opportunity to participate in a global economy that uses a common platform and unit of exchange.

In a unanimous, precedential opinion issued on September 10, 2019, the United States Court of Appeals for the Third Circuit held that the Natural Gas Act (NGA), 15 U.S.C. § 717, et seq., does not abrogate state sovereign immunity ...

The Customs-Trade Partnership Against Terrorism, known as "C-T PAT," isn't the first time Uncle Sam has buddied up with the international trade industry toward a common goal. The erstwhile U.S. Customs Service of the Department of the Treasury, on a couple occasions sought to incentivize, or at least entice, the private sector into streamlining entry by dangling certain goodies before players' noses. But C-T PAT is by far the most important initiative, in terms both of purposes served an

On March 11, 2011, the Appellate Body (AB) of the World Trade Organization (WTO) issued a much-anticipated ruling in the case United States—Definitive Anti-dumping and Countervailing Duties on Certain Products from China (DS379), which overturned a number of key findings made by a WTO panel in October 2010.

Although often used interchangeably, the terms sovereign immunity and governmental immunity involve two distinct concepts. Sovereign immunity protects the State and divisions of state government ...

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857...

As I pointed out before the holidays, given the practical need to litigate patents in today's monetization environment, the Board's litigation waiver decision in Ericsson v. Regents of the University of Minnesota ...

The America Invents Act of 2011 (AIA) created three new post-grant patent review proceedings, generally making them available to any "person" who is not the patent owner

The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed the Patent Trial & Appeal Board's (PTAB's) ...

On December 3, 2024, the U.S. Supreme Court heard argument in Republic of Hungary v. Simon. The case involves Hungary's theft of valuable items from Jewish families during the Holocaust.

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.