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  • Article

    Judge Albright Denies Amazon And Eero's Motion To Dismiss For Improper Venue And To Transfer Venue To The Northern District Of California

    On November 6, 2023, Judge Albright denied Defendants Amazon Services LLC and eero LLC's Motion to Dismiss for Improper Venue and to Transfer Venue to the Northern District of California.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Dismisses IngenioShare's Case Against Epic Games For Improper Venue

    On June 25, 2021, IngenioShare, LLC ("IngenioShare") sued Epic Games, Inc. ("Epic") for direct and indirect patent infringement in the Western District of Texas ("WDTX").
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Courts Considering New Defense To Mass Arbitrations

    In recent years, large companies have faced an onslaught of "mass arbitrations," a tactic used by the plaintiffs' bar to leverage against valid class-action waivers and arbitration provisions in consumer agreements.
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Overdraft Fee Litigation May Follow Renewed Regulatory Interest

    On December 1, 2021, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra took broad aim at overdraft fees, making the sort of remarks that often get quoted in class-action complaints.
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Biden Administration Moves Offshore Wind Installation Vessels To The Head Of The Financing Line

    The Biden Administration announced today a new federal-state offshore wind partnership to spur the installation of electricity generating wind turbines off the U.S. coast. Among the initiatives...
    United StatesTransport
    Winston Taylor
    Winston Taylor
  • Article

    U.S. Customs Revises Jones Act Guidance For Offshore Wind Turbine Foundation Installation

    U.S. Customs and Border Protection modified earlier Jones Act guidance on the installation of foundations for offshore wind turbines on September 14. The "Jones Act" is a popular term for several laws which...
    United StatesTransport
    Winston Taylor
    Winston Taylor
  • Article

    DOJ Continues False Claims Act Enforcement Of PPP Loans Into 2026

    These actions are not just limited to the companies that sought to participate in the program. Lenders and other companies that support the financial services industry have also been targeted because of allegations that these entities knew that applicants were ineligible but still processed or approved the applications.
    United StatesCriminal Law
    Winston Taylor
    Winston Taylor
  • Article

    Congress Passes Corporate Transparency Act Requiring Small Businesses To Report Beneficial Ownership Information

    On December 11, 2020, as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), the U.S. Senate passed the Corporate Transparency Act (CTA).
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    Corporate Transparency Act: Treasury Department Halts All Enforcement Of Its CTA Rules And Announces That Future CTA Rules Won't Apply To Domestic Reporting Companies

    On Thursday, February 27, 2025, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced that it would not "issue any fines or penalties or take any other enforcement actions.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    SEC Greenlights Exchanges To List Ether ETFs

    On May 23, 2024, in a surprise move, the Securities and Exchange Commission (SEC) issued an order that will allow exchanges to list Ethereum-based exchange-traded funds (ETFs).
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    In Another Blow To Contracted Venue, The Federal Circuit Directs That Uber Be Transferred To Northern California

    In re: Uber Technologies, Inc., On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas in No. 6:20-cv-00843-ADA, Judge Alan D. Albright.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Denies Amazon's And Target's Rule 12(c) Motion For Judgment On The Pleadings Under The Kessler Doctrine

    On August 8, 2022, Defendant Amazon.Com, Inc. (Amazon) and Defendant Target Corporation (Target) both filed Rule 12(c) Motions for Judgment on the Pleadings. Both Amazon and Target argued that under the Kessler doctrine...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Ninth Circuit Reverses Class Certification In Copyright/Bootlegging Dispute

    In a case that bodes well for defendants in putative copyright class actions, the Ninth Circuit last week, after granting a motion for interlocutory appeal
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    NPE's Attorneys And Principals May Be On The Hook For Litigation Conduct

    On the heels of the seminal 101 win and oft-cited Federal Circuit 101 decision, SAP v. InvestPic, and an award of attorney fees upheld by the Federal Circuit, SAP and Winston & Strawn won yet another important victory.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Trump Hosts Modi To Discuss Trade Arrangements

    On February 13, 2025, President Trump hosted the Prime Minister of India, Narendra Modi, at the White House.
    United StatesInternational Law
    Winston Taylor
    Winston Taylor
  • Article

    FTC's Settlement Requires Greater Advance Notice Requirements For Future Transactions In Continued Focus On Private Equity Roll-Up Transactions

    In a recent settlement agreement with JAB Consumer Partners (JAB), the Federal Trade Commission (FTC) continued the trend of increased regulatory scrutiny of private equity "roll-up" transactions (see here and here) ...
    United StatesAccounting and Audit
    Winston Taylor
    Winston Taylor
  • Article

    FTC Says "We Are Watching" For Anticompetitive Conduct During Pandemic, In One Of Many Signs Of More Aggressive Antitrust Approach Under Biden Administration

    During a panel hosted by the OECD on February 24, 2021, acting FTC Chair Rebecca Kelly Slaughter said that the agency is focused on "opportunistic economic conduct" as businesses attempt to recover from the COVID-19 pandemic.
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    Preparing For The Next Time: Health Care Consolidation And Antitrust Strategies After The Pandemic

    By all accounts, the consolidation that has dominated the health care provider industry will continue—if not accelerate—after the pandemic subsides. At its 2021 Health Care and Life Sciences Summit...
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    SEC Greenlights Nasdaq's Proposed Rule Change On Bid Price Compliance

    On October 7, 2024, the U.S. Securities and Exchange Commission (SEC) approved a Nasdaq-proposed amendment to Nasdaq Rule 5810(c)(3) (the Amendment), which impacts Nasdaq's minimum bid price requirement...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    SEC Proposes Temporary Rules To Facilitate Participation By Certain "Platform Workers" In Compensatory Offerings Under Rule 701 And Form S-8

    I was not going to post another blog before Thanksgiving, but today the SEC voted 3-2 to propose rules that, on a temporary basis and subject to conditions.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor

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