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  • Article

    Your Competitors are Watching: False Claims and Customs Compliance

    Although U.S. Customs and Border Protection has been consistently urging companies to develop written internal Customs compliance programs under Customs’ informed compliance/shared responsibility principles, a recent federal case has provided another reason for companies to implement or strengthen internal customs compliance controls—Qui Tam liability under the False Claims Act.
    United StatesGovernment, Public Sector
    Reed Smith
    Reed Smith
  • Article

    Patent Trial And Appeal Board Determined That University Of Minnesota Waived Sovereign Immunity By District Court

    As previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Tribal Sovereign Immunity Does Not Apply To IPR

    In a matter of first impression, the Patent and Trial Appeal Board (PTAB) denied a Native American tribe's motion to terminate a finding that tribal sovereign immunity does not apply to inter partes review (IPR) ...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Federal Court In Texas Denies Ford Motor Company’s Motion To Dismiss In $42 Million Customs Recordkeeping Lawsuit

    In a decision that could send shockwaves down the operations of every business taking advantage of NAFTA’s preferential duty treatment, the Federal Court for the Western District of Texas handed down an order yesterday denying defendant Ford Motor Company’s motion to dismiss a $42 million recordkeeping lawsuit brought by Customs and Border Protection ("Customs").
    United StatesInternational Law
    Katten
    Katten
  • Article

    Government Shut Down= E-Verify Shut Down

    Over the past few days, I've received a large number of emails and calls from stressed out clients asking about the lack of access to E-Verify.
    United StatesLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • 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

    In The Hill, Arshi Siddiqui And Brendan Dunn Write Bipartisanship Is A Possibility For New Congress

    The Hill has published illthe article "Despite a divided government, the next Congress will provide opportunities for cooperation," ...
    United StatesLitigation, Mediation & Arbitration
    Akin
    Akin
  • Article

    Maryland Legislature Instructs AG To Battle Trump Administration

    In Maryland, unlike in some other states, the attorney general has historically required the governor's or legislature's express permission to undertake legal action against the federal government.
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    PTAB Revokes Filing Privileges For Repeated Rules Violations

    In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc.
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Supreme Court Issues Important Decision On Retroactive Effect Of Amendment To Foreign Sovereign Immunities Act

    A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States.
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • 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
  • Article

    DOJ's Reinterpretation Of The Wire Act Draws Swift Lottery And State Opposition

    As noted in a prior post, on January 15, 2019, the Department of Justice's OLC issued an opinion dated November 2, 2018, replacing the OLC's 2011 interpretation of the federal Wire Act, 18 U.S.C. § 1084.
    United StatesMedia, Telecoms, IT, Entertainment
    Lewis Roca
    Lewis Roca
  • Article

    Eleventh Circuit Upholds Defense Contractor Dismissal While Questioning DOHSA Precedent

    Eleventh Circuit Upholds Defense Contractor Dismissal while Questioning DOHSA Precedent.
    United StatesGovernment, Public Sector
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Georgia Appellate Court Opens the Door for Trade Secret Misappropriation Suits Against State Entities

    In Board of Regents of the University System of Georgia v. One Sixty Over Ninety, the Georgia Court of Appeals held recently that a state entity is not immune from trade secret claims brought under the Georgia Trade Secrets Act.
    United StatesIntellectual Property
    Fenwick
    Fenwick
  • Article

    Sovereign Immunity Again Applied To IPR

    For the third time, the Board applied sovereign immunity as a defense to IPR. In Reactive Surfaces Ltd. v. Toyota Motor Corporation (IPR2017-00572 & IPR2016-01914), the Board determined that a public university...
    United StatesLitigation, Mediation & Arbitration
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Sovereign Immunity And The New York Statute Of Limitations

    Patricia Reid (Defendant) obtained a mortgage from BAC Home Loans Servicing, L.P. (BAC) for certain real property located in Queens, New York.
    United StatesLitigation, Mediation & Arbitration
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Sovereign Wealth Funds – Preserving Sovereign Immunity

    In order to minimize the risk of litigation arising from investments in the United States, sovereign wealth funds ("SWFs") should take care to avoid inadvertent or unnecessary waiver
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    Suing The Government In Texas Requires Thinking Beyond The Merits

    The Texas Supreme Court's decision in Paxton v. City of Austin reveals a procedural trap for businesses suing the government: winning the right to be heard can paradoxically freeze the entire case. When governmental defendants challenge a court's jurisdiction and lose, they can immediately appeal, putting all proceedings on hold—potentially for months or years.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Supreme Court Declines To Consider Reversing The Republic Of France's Successful Assertion Of Sovereign Immunity

    Last March, a unanimous panel of the Fourth Circuit Court of Appeals held for Carter Ledyard client the Republic of France and dismissed a trademark infringement lawsuit brought by France.com, Inc.
    United StatesLitigation, Mediation & Arbitration
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    The Use Of Sovereign Immunity As A Defense In AIA Proceedings

    Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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