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  • Article

    New Arguments In Momenta On Standing To Appeal IPR Loss Before Filing A Biosimilar Application

    In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co., No. 17-1694 (Fed. Cir. argued Dec. 5, 2017), BMS challenges Momenta's standing to appeal a PTAB decision upholding the validity of BMS's patent ...
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Circuit Limits Reach Of Recent Career Offender Decision

    In McCloud v. United States, the Second Circuit (Walker, Raggi, Nardini) rejected the petitioner's contention that a development in Circuit
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Second Circuit Sidesteps Supervised Release Challenges

    In United States v. Birkedahl, 19-2304, the Second Circuit (Sullivan, Park, Nardini) rejected Defendant-Appellant Eric Birkedahl's challenges to the conditions of his supervised release...
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    California Enacts First-Ever State IoT Security Law

    California is leading the pack. Once again. On Friday, Governor Jerry Brown signed into law SB 327, the first- ever state legislation aimed at governing Internet of Things (IoT) devices.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Top Components Of Effective Antitrust Corporate Compliance Programs, Part 1

    With DOJ's Antitrust Division and the FTC ramping up antitrust enforcement, it is critical for companies to take a hard look at their compliance programs and update them on a regular basis to avoid potential antitrust violations and discover antitrust malfeasance early on so a company can have the option of self-reporting and applying for leniency under DOJ's leniency program.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    SEC Proposes Amendments Affecting Ratings By Credit Rating Agencies

    In response to the recent sub-prime mortgage crisis and resulting credit crunch, the United States Securities and Exchange Commission (SEC) proposed at an Open Meeting held on June 25, 2008, to eliminate references in certain of its rules and forms to credit ratings by Nationally Recognized Statistical Rating Organizations (NRSROs) to reduce reliance by market participants on NRSRO credit ratings and to encourage investors to make independent judgments.
    United StatesFinance and Banking
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Third Circuit Affirms FTC's Authority Over Companies' Cybersecurity Practices

    This is the first federal appellate decision finding that the FTC has broad cybersecurity enforcement authority under Section 5 of the FTC Act.
    United StatesPrivacy
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Who Is A U.S. Person? Disparities Between U.S. Tax And Immigration Law

    The question of who is a U.S. person has always been relevant for tax purposes.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Credit Checks On The Chopping Block: NYC Restricts Credit Inquiries During Hiring

    Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related information.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Ninth Circuit Affirms Dismissal Of Netflix Antitrust Suit

    Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    New York DFS Announces First Cybersecurity Enforcement Action

    The New York Department of Financial Services ("DFS") recently initiated its first enforcement action against a company for violating DFS's first-in-the-nation cybersecurity regulation.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Does Market Share Still Matter?

    The DOJ’s ongoing challenge of American Express’s merchant rules as a violation of the Sherman Antitrust Act may clarify the significance of market share calculations.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Expert Testimony: Additional Insights From AU Optronics

    The Ninth Circuit issued its long-awaited AU Optronics decision addressing the requirements of the Foreign Trade Antitrust Improvements Act.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    O’Bannon v. NCAA Case Update: Judge Finds NCAA Policies Violate Antitrust Law

    On Friday, August 8, Judge Claudia Wilken of the Northern District of California issued her much-anticipated findings of fact and conclusions of law in O'Bannon v. NCAA. (Read our prior coverage of the case here.)
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Second Circuit Affirms Ruling Against Apple In E-book Price-Fixing Case

    We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to raise the price of e-books.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FDA Denies Amgen’s Citizen’s Petition Awaiting Guidance From The Courts

    As we have discussed before, the first generation of biosimilar litigation under the Biologics Price Control and Innovation Act addresses whether the BPCIA’s patent dispute resolution procedures are mandatory.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    All In A Day's Work. Belk Achieves Confirmation Of Pre-Packaged Plan In Record Time

    On Wednesday, February 23, just after 5:00 p.m., Belk, Inc. – a North Carolina-based department store chain – and its affiliates filed voluntary petitions under Chapter 11 of the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Impact Of Supreme Court’s Commil v. Cisco?

    On March 31, the Supreme Court heard oral argument in Commil USA LLC v. Cisco Systems Inc.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The Truth Hurts: Two Circuits Now Recognize That Consumer Surveys Cannot Be Used To Dispute Unambiguous Advertising Claims

    The Third Circuit has joined the Seventh Circuit in holding that a false advertising plaintiff cannot rely upon a consumer survey to alter the clear meaning of words in an ad.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Corporate Behavior, Hackers And Socially-Responsible Investing

    Should a public company's cyber and breach disclosure practices matter to Wall Street and socially-responsible investment funds?
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP

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