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  • Article

    Federal Circuit Holds Patent Over Tying Product Creates Rebuttable Presumption Of Market Power In Antitrust Tying Action

    In the context of a "tying" claim under antitrust laws, a patentee’s intellectual property rights trigger a presumption that the patent owner has market power over the patentee’s product.
    United StatesIntellectual Property
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Making The Case For Tribal Forestry Breach Of Trust Claims

    The United States Bureau of Indian Affairs has mismanaged Tribal forests in the Pacific Northwest for decades, but Tribes are fighting back.
    United StatesLitigation, Mediation & Arbitration
    Galanda Broadman
    Galanda Broadman
  • Article

    Supreme Court Addresses Interplay Of Sovereign Immunity And Insolvency Statutes

    In two cases in as many months, the Supreme Court tackled the application of sovereign immunity in two separate insolvency statutes. Two separate government-like entities suffered conflicting fates while the Court...
    United StatesLitigation, Mediation & Arbitration
    Reed Smith
    Reed Smith
  • Article

    UK Home Office Ramps Up Modern Slavery Statement Expectations – Recent Developments And Compliance Recommendations For Multinationals

    Over the last month, the UK Home Office has sent letters to more than 17,000 companies that it believes are required to publish an annual statement under the UK Modern Slavery Act.
    United StatesCorporate/Commercial Law
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    The Evolving Definition Of Sex(ual Orientation) Under Title VII

    On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, ...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    The Supreme Court's Business Docket For The October 2018 Term

    On September 26, 2018, Skadden hosted a webinar titled "US Supreme Court October 2018 Term."
    United StatesLitigation, Mediation & Arbitration
    Skadden, Arps, Slate, Meagher & Flom LLP
    Skadden, Arps, Slate, Meagher & Flom LLP
  • Article

    Retailers Line Up Behind Costco at the Supreme Court

    In its 2008 decision in Omega v. Costco, the Ninth Circuit held that the "first-sale" doctrine of copyright law does not apply to goods manufactured and first sold abroad.
    United StatesIntellectual Property
    Williams Mullen
    Williams Mullen
  • Article

    Comity Or Condemnation: Supreme Court To Decide Whether State-Owned Bank Is Immune From Criminal Prosecution Under The Foreign Sovereign Immunities Act

    The Supreme Court of the United States is set to determine whether the United States can prosecute a commercial bank, which is majority-owned by the Republic of Turkey, for allegedly...
    United StatesCriminal Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    California Law Requires Retailers And Manufacturers To Disclose Efforts To Eliminate Human Trafficking And Slavery From Supply Chains

    Beginning Jan. 1, 2012, the California Transparency in Supply Chains Act of 2010, or "S.B. 657," will require retail sellers and manufacturers "doing business" in California to post certain disclosures on its websites.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    SEC Approves Soft Dollar Interpretive Release

    The SEC approved the issuance of an interpretive release regarding the safe harbor afforded by Section 28(e) of the Securities Exchange Act of 1934, as amended. The SEC has not made the interpretive release itself available, but did issue a press release providing some details (summarized within article) regarding its forthcoming soft dollar guidance.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Sovereign Immunity, The 11th Amendment, And Intellectual Property

    The conflicts over sovereign immunity date back to our country's founding when states were concerned about possible overreaching by a central government.
    United StatesLitigation, Mediation & Arbitration
    Volpe Koenig
    Volpe Koenig
  • Article

    Supreme Court To Interpret Key Language In The Foreign Sovereign Immunities Act's Expropriation Exception And Consider The Pleading Standard For Invoking Exceptions To Sovereign Immunity

    The Supreme Court will also likely address whether plaintiffs or defendants bear the burden to trace proceeds from expropriated property to their current location and use.
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    U.S. Enforcement Of International Arbitral Awards: Is Forum Non Conveniens A Viable Defense?

    Are there circumstances in which forum non conveniens is a viable defense in the U.S. to a petition to confirm an arbitration award that is subject to the Convention on the Recognition and Enforcement
    United StatesLitigation, Mediation & Arbitration
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Arnold & Porter Discusses Supreme Court Decision Easing Prosecution Of Foreign States In U.S.

    On April 19, 2023, the Supreme Court removed two key potential obstacles to the criminal prosecution of foreign states and their agencies and instrumentalities in U.S. courts. In Turkiye Halk...
    United StatesLitigation, Mediation & Arbitration
    Arnold & Porter
    Arnold & Porter
  • Article

    Federal Trade Commission Initiates Rulemaking Proceeding for Business Opportunity Rule

    The Federal Trade Commission will shortly publish in the Federal Register a Notice of Proposed Rulemaking for the FTC’s long-awaited business opportunity rule (Bus Opp Rule). The Bus Opp Rule, if and when promulgated, will replace the business opportunities coverage under the current and proposed amended Franchise Rule.
    United StatesAntitrust/Competition Law
    DLA Piper Rudnick Gray Cary
    DLA Piper Rudnick Gray Cary
  • Article

    Enforcing Arbitral Awards Against Sovereigns In The United States: Recent DC Circuit Court Decision Limits A State's Defense Of Sovereign Immunity

    Under US law, a foreign state's sovereign immunity is restricted: one of the important exceptions in the Foreign Sovereign Immunities Act ("FSIA") is the state's consent to private arbitration.
    GlobalLitigation, Mediation & Arbitration
    Milbank
    Milbank
  • Article

    Second Circuit Vacates $16.1 Billion Judgment In Long‑Running Litigation Against Argentina: Practical Takeaways For U.S. Sovereign Litigation And Enforcement Strategy

    On March 27, 2026, the U.S. Court of Appeals for the Second Circuit in Petersen Energía Inversora S.A.U. v. Argentine Republic1 reversed the U.S.
    GlobalLitigation, Mediation & Arbitration
    WilmerHale
    WilmerHale
  • Article

    November 2018 Bid Protest Roundup

    For this month's bid protest roundup, we have identified four diverse bid protest decisions coming out of the Government Accountability Office ("GAO") and the U.S. Court of Federal Claims
    United StatesCorporate/Commercial Law
    Morrison Foerster
    Morrison Foerster
  • Article

    Medimmune v. Genentech: Noerr-Pennington Doctrine Applies to Patent Settlement And PTO Proceedings

    Noerr-Pennington </I>doctrine immunizes petitioning conduct protected by the First Amendment from the antitrust laws.
    United StatesIntellectual Property
    Sheppard
    Sheppard
  • Article

    State Actors, Sovereignty And Securing Enforcement In Australia, Hong Kong And Singapore

    The Situation: Through the expansion of sovereign wealth funds, the promotion of domestic industries and the growing commercial activity of state-owned entities, state actors are becoming increasingly
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Showing 401–420 of 536 results

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