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  • Article

    Oil States Moves Toward Resolution

    In November the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, oral argument held, 2017 WL 5680363 (U.S. Nov. 27, 2017).
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    E-Discovery Abuses Result In Permissive Adverse Inference Instruction

    At 3:40 on the morning of April 3, 2003, Tamara Greene, an exotic dancer, was shot multiple times and killed while sitting in a car at the intersection of Roselawn and West Outer Drive in Detroit. According to the complaint filed by Greene’s next of kin in Flagg v. City of Detroit and Kwame Kilpatrick, (E.D. Mi. Nov. 7, 2005), the head of the Internal Affairs Department of the Detroit Police Department was fired a mere nine days following Ms. Greene’s murder.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Three Key Trends For Alternative Asset Managers

    Emerging managers' fund terms, extending credit in a rising interest rate environment, and the supervisory regime for third-party AIFMs are among the topics discussed...
    United StatesFinance and Banking
    McDermott Will & Schulte
    McDermott Will & Schulte
  • Article

    Braintree Labs Defeats Novel Labs In Ongoing Patent Infringement Case

    On June 2, 2015, WilmerHale obtained a significant victory for Braintree Laboratories, Inc. (Braintree) in a patent infringement matter at the US District Court for the District of New Jersey.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    First decision by Workers Compensation Commission on lump sum amendments to pre-2002 injuries

    Discussion of the decision in Greene v BHP Australia Pty Ltd [2012] NSWWCC.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Table Manners – Recipes for Negotiators: #2 The Mandate

    Another integral aspect of the negotiating process is the mandate. Legal counsel as well as other individuals, often represent clients either as an individual or in a larger groups.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    A Private Right Of Action For Abuse Of Dominance

    David Vaillancourt was invited by the C.D. Howe Institute to submit an "Intelligence Memo" concerning his views on a private right of access for abuseThe abuse of dominance provisions of the Competition Act have historically been under-enforced. of dominance proceedings in Canada.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Indirect Purchaser Decisions Now Ripe For Release

    The Supreme Court of Canada has announced that it will release its long-awaited decisions in three cases that raise the issue of whether indirect purchasers can sue for damages on Thursday, October 31.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Top Court Rejects Retroactive Application Of Insurance Act Amendment To Claim Arising From Cannabis-Caused Fire

    The event at the heart of the case involved cannabis use gone awry.
    CanadaInsurance
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Crane Rental Operater Hoisted by Restrictive Covenants

    Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    From Ink To Emojis: The New Era Of Enforceable Contract Signatures

    In its recent decision in Achter Land & Cattle Ltd. v South West Terminal Ltd., 2024 SKCA 115, the Saskatchewan Court of Appeal upheld the Court of King's Bench decision in finding an enforceable contract relating to the sale of grain between two parties and that a thumbs-up emoji satisfied the signature requirements of s.6 of The Sale of Goods Act, RSS 1978, c S-1.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Superior Court Finds Arbitration Agreement For Crypto Trading Platform Unenforceable

    In the recent decision, Lochan v. Binance Holdings Limited, 2023 ONSC 6714, the Ontario Superior Court of Justice has demonstrated that the courts will find an arbitration agreement unenforceable...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Florida Government and Politics Weekly Update (Week of August 16, 2010)

    Florida will hold its 2010 primary elections on August 24, 2010, but early voting began on August 9. Early voting apparently continues to gain in popularity.
    United StatesGovernment, Public Sector
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    SCOTUS Agrees To Hear Constitutional Challenge Of Inter Partes Review Procedure For Patents

    Canadian hydraulic fracturing technology ("fracking") is at the center of a controversial US case about inter partes review ("IPR") of patents.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    A Public Icon: Marilyn Monroe Estate Loses Appeal For Publicity Rights

    Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Condominium Corporations Benefit From Business Judgment Rule Just Like For-Profit Corporations

    In the case of 3716724 Canada Inc. v. Carleton Condominium Corporation No. 375, the Ontario Court of Appeal held that decisions of boards of non-profit condominium corporations are owed the same deference as are those of for-profit corporations, relying on the "business judgment rule."
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Oil States: The Constitutionality of the Current Patent Regime

    On June 12, 2017, the Supreme Court granted certiorari in the case of Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, with respect to the first question presented:
    United StatesIntellectual Property
    A&O Shearman
    A&O Shearman
  • Article

    How Serious Must A Breach Of Privacy Be To Certify A Class Action?

    In 2012, the Ontario Court of Appeal changed the face of privacy law in Ontario by creating a tort called "intrusion upon seclusion".
    CanadaPrivacy
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Influencer Marketing And Competition Law In Canada: The Basics

    The world of marketing and advertising has evolved – last year, U.S. companies spent an estimated $13.5 billion on social media marketing alone.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Online Reviews & Endorsements Guidance Issued

    The International Consumer Protection and Enforcement Network (ICPEN) has published three sets of guidelines on online reviews and endorsement...
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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