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The Federal Trade Commission has approved for publication new rules requiring a filing under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act) in connection with certain acquisitions and transfers of interests in, and formations of, "unincorporated entities". Under the new rules, the term .unincorporated entity. includes, among others, partnerships, cooperatives, business trusts, and LLCs. The objective of the new rules is to reconcile, as far as practicable, the treatment o

The OCC issued a corporate decision ("Decision 2005-02") permitting a national bank to acquire a company engaged in global trade management services.

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

For at least 50 years, the Supreme Court has presumed that a patent necessarily confers market power in antitrust cases in which the plaintiff alleges that the patentee has unlawfully “tied” a non-patented product (the “tied product”) to its patented product (the “tying product”). Based on this presumption, the tying of unpatented goods to patented goods was deemed illegal per se under Section 1 of the Sherman Act, 15 U.S.C. § 1. The Supreme Court’s recent holding in Illinois Tool Works Inc. v.

Major operational changes and disruptions occasioned by COVID-19 have created a swell of contract disputes and new litigation in various industries.

The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act's definition of "employer" extends to the State of New Mexico and its agencies.

In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings.

The Supreme Court's landmark decision in Exxon Mobil Corp. v. Corporación CIMEX, S.A. fundamentally alters the landscape for litigation under the Helms-Burton Act by removing a critical jurisdictional barrier that has protected Cuban state-owned entities from U.S. lawsuits. This 6-3 ruling holds that the Act independently abrogates foreign sovereign immunity for Cuban agencies and instrumentalities, allowing U.S. nationals to pursue billions of dollars in claims for property confiscated by Cuba's commu

With less than a day before appropriated funding runs out for some federal agencies, confidence in avoiding a potential shutdown is waning.

Florida Appeals Court Decisions: Week of September 24 - 28, 2018

The Illinois Juvenile Court Act (JCA) (705 ILCS 405/1-1 et seq.) was amended significantly in late 2017.

On July 17, 2009, the U.S. District Court for the Northern District of Texas dismissed the U.S. Securities and Exchange Commission's insider trading case against Mark Cuban, the owner of the Dallas Mavericks.

Indian tribes ability to shield patents from review at the United States Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") took another blow at the Federal Circuit.

On January 13, 2004, the Supreme Court issued its decision in <I>Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP</I>, No. 02-682. The Court’s ruling represents a major decision in the area of monopolization under Section 2 of the Sherman Act and resolves perhaps the most important business case of the Term.

In the absence of a waiver or consent, state government entities and their employees generally enjoy immunity from liability while acting within the scope of their employment.

The Delaware Supreme Court upheld a ruling finding a financial advisor liable for aiding and abetting breaches of fiduciary duty by a target company's board of directors in connection with a $438 million buyout.