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On March 19, 2013, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court held that the "first sale" doctrine applies to copies of a copyrighted work lawfully made abroad.

Contracting with the U.S. government is one of the best vehicles both large and small companies can use to expand their business in overseas markets. Companies must be mindful of compliance with U.S. export control laws, the Foreign Corrupt Practices Act, and anti-boycott laws, as well as rules unique to government contracting, such as compliance with cost accounting standards, bid protests, and terminations for convenience. This article focuses on recent events in Iraq, which provide an illustr

The U.S. Supreme Court granted certiorari in Comcast Corp. v. Behrend, No. 11-864, to decide how closely the trial court must examine the plaintiff’s proposed proof of damages.

On April 17, 2012, the U.S. Supreme Court held that the Hatch-Waxman Act provides a generic drug manufacturer (generic) with a counterclaim to force the branded drug manufacturer (brand) to correct a use code that inaccurately describes the brand’s patent as covering a particular use for the drug.

On December 6, 2011, Aetna, Inc. (Aetna) filed a complaint against Blue Cross Blue Shield of Michigan (Blue Cross), claiming that its use of most favored nation (MFN) clauses in contracts with hospitals across the state violates Section 1 of the Sherman Act and Section 2 of the Michigan Antitrust Reform Act.

The U.S. Department of Justice (DOJ) Antitrust Division issued an updated version of its Policy Guide to Merger Remedies.

In a recent opinion, the Ninth Circuit provided important clarifications regarding the scope of two exceptions to the general rule set forth in "Illinois Brick".

On Tuesday, July 31, 2012, the U.S. District Court for the District of Columbia1 ruled that the U.S. Environmental Protection Agency (EPA) overstepped its statutory authority under the Clean Water Act (CWA) and the Surface Mining Control and Reclamation Act (SMCRA).

On September 28, the United States District Court for the District of Columbia struck down a new position limit rule that the U.S. Commodity Futures Trading Commission (CFTC) had promulgated in response to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

The U.S. Department of Justice (DOJ) recently provided valuable guidance regarding whether members of royal families qualify as "foreign officials" under the U.S. Foreign Corrupt Practices Act (FCPA).

On May 30, 2012, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s grant of summary judgment of obviousness in a case involving a patent.

The U.S. Federal Circuit recently affirmed an award of attorneys' fees and sanctions against plaintiff Eon-Net in excess of $630,000. (Eon-Net LP, v. Flagstar Bancorp, Case No. 2009-1308).

The Federal Courts Jurisdiction and Venue Clarification Act of 2011, H.R. 394, quietly went into effect this month. This Act may be titled a "clarification" of federal jurisdiction and venue provisions, but it deserves attention because it will significantly increase the number of cases that a defendant may remove from state court to federal court by eliminating procedural roadblocks to federal jurisdiction.

The Internal Revenue Service has released four qualifying income private letter rulings for publicly traded partnerships regarding end-user sales, wholesale marketing, olefins activities, and real property rents.