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  • Article

    U.S. Supreme Court Update, October 2020

    Debra Herman is the author of the U.S. Supreme Court Update, a monthly column for Thomson Reuters Checkpoint's Journal of Multistate Taxation and Incentives.
    United StatesLitigation, Mediation & Arbitration
    Hodgson Russ LLP
    Hodgson Russ LLP
  • Article

    CAFC Affirms That Bringing Infringement Suit Waives Sovereign Immunity To Related Defenses In UFRF V. GE

    In University of Florida Research Foundation, Inc. v. General Electric Company, No. 18-1284 (Fed. Cir. Feb. 26, 2019),
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Tribal Sovereign Immunity, Its Origins And Development

    Jana Simmons (Of Counsel-Michigan) co-authored "Tribal Sovereign Immunity, Its Origins and Development," the first in a series of articles to be provided by DRI's Native Nations Law Task Force.
    United StatesLitigation, Mediation & Arbitration
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Criminal Immunity Under FSIA, And Civil RICO Liability For Foreign Sovereigns

    The Foreign Sovereign Immunities Act, 28 U.S.C. §1602 et seq. (FSIA), is silent on the issue of criminal immunity for foreign sovereigns.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Exculpatory Release Granting Municipal Immunity For Violation Of Duty To Maintain Public Roadways Violated Public Policy.

    The plaintiff was injured during a charity bike ride through the City of Philadelphia when he rode into a known, unmarked and un-barricaded sinkhole.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Video

    In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

    In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court.
    United StatesLitigation, Mediation & Arbitration
    WilmerHale
    WilmerHale
  • Article

    When Political Subdivision Installs Lighting As Part Of Real Estate, Sovereign Immunity Is Waived If Agency's Negligent Installation And Design Creates Dangerous Condition.

    A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Sixth Circuit Affirms IRS Immunity In Financial Privacy Case

    On July 5, the Sixth Circuit Court of Appeals affirmed a district court decision from the Eastern District of Michigan regarding a "John Doe" ...
    United StatesPrivacy
    Jones Day
    Jones Day
  • Article

    MoForecast: Predictions On U.S. Enforcement Trends In Asia

    James Koukios speaks with Tim Blakely, Dan Levison, and Chen Zhu about what to expect from U.S. enforcement in Asia under the upcoming Biden Administration.
    WorldwideLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    Will The Supreme Court Abrogate Sovereign Immunity For A State's Infringement Of Intellectual Property Rights?

    In 1990, Congress passed the Copyright Remedy Clarification Act ("CRCA"), and in 1992 passed the Trademark Remedy Clarification Act ("TRCA") and the Patent and Plant Variety Protection Remedy Clarification Act.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    SCOTUS Grants Cert To Resolve Split On Sovereign Immunity For Fraudulent Conveyance Claims

    This morning, the United States Supreme Court granted the U.S. government's certiorari petition in U.S. v. David L. Miller Order List (06/24/2024) (supremecourt.gov).
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Bringing Infringement Suit Waives Sovereign Immunity To Defenses

    In University of Florida Research Foundation, Inc. v. General Electric Company, No. 18-1284 (Fed. Cir. Feb. 26, 2019),
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    State Sovereign Immunity Does Not Apply To IPR Challenges

    In Regents of the University of Minnesota v. LSI Corp., Nos. 18-1559 et al. (Fed. Cir. June 14, 2019), the Federal Circuit reversed the PTAB's decision
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Transfer Of Patents To Tribe May Preclude PTAB Scrutiny

    The Saint Regis Mohawk Tribe (the Tribe) in New York viewed these decisions as a business opportunity. Assuming its tribal government sovereign immunity would bar exposure to any IPR proceeding...
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    Arbitration - The World In U.S. Courts: Summer-Fall 2018

    Hardy acquired an interest in a joint venture between the Government of India and private companies for the development of oil and gas reserves off the coast of India.
    United StatesLitigation, Mediation & Arbitration
    Orrick
    Orrick
  • Article

    Partner Maria Kostytska Authors The U.S. Chapter On Cross-Border Enforcement Of Judgments Against States

    The U.S. chapter is part of the new guide to cross-border enforcement of judgments against state released by the International Bar Association.
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    This Week's Florida Appeals: Week Of December 10 - 14, 2018

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Podcast

    The Property Line: Navigating Foreign Sovereign Immunity In Real Estate Transactions (Podcast)

    Foreign sovereigns frequently engage in real estate transactions in the US, ranging from embassies and consulates leasing property for their offices to sovereign wealth funds investing in real estate.
    United StatesReal Estate and Construction
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Sovereign Debt Update - October 7, 2013

    On October 7, 2013, the U.S. Supreme Court denied Argentina’s petition for the court to review a October 26, 2012 ruling by the U.S. Court of Appeals for the Second Circuit (see NML Capital, Ltd. v. Republic of Argentina, 699 F.3d 246 (2d Cir. 2012)) upholding a lower court’s orders barring Argentina from paying holders of debt restructured in 2005 and 2010 without also paying in full holdout bondholders holding $1.5 billion in defaulted bonds
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    U.S. Supreme Court Rules That The FSIA Does Not Grant Foreign State-Owned Entities Immunity From Prosecution

    The Court held that the Foreign Sovereign Immunities Act ("FSIA") does not apply to criminal prosecutions, but left open the possibility that instrumentalities of foreign states ...
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day

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