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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).
Winston Taylor
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DOJ Whistleblower Programs: How We Got Here
While law enforcement uses a variety of tools to identify and disrupt fraud and public corruption schemes, no tool is more important than identifying people with knowledge of such schemes and incentivizing them to report on them.Winston Taylor - Article
Who Will Be An Excepted Investor Under The Proposed CFIUS Regulations?
Before the proposed regulations were posted on September 17, practitioners and investors were keenly interested in whether CFIUS would develop a "white list" or a "black list."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.Winston Taylor - Article
JMOL On Validity Vacated Because A Party Joined To An Instituted IPR Is Not Estopped From Raising Grounds Not In The IPR
Network-1 sued several defendants, including HP, for infringement of the U.S. Patent No. 6,218,930 in the US District Court for the Eastern District of Texas.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...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 appealWinston 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.Winston Taylor - Article
The Supreme Court Preserves The PTAB And Provides For Greater Oversight Over PTAB Judges
On Monday, in United States v. Arthrex, Inc., the Supreme Court delivered a split opinion whereby it preserved the Patent Trial and Appeal Board (PTAB) with certain modifications to its structure.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.Winston Taylor - Article
Do Not Delay, Arbitrate Today: Prejudice No Longer Necessary To Find Waiver Of Arbitration Agreement
Thanks to a new Supreme Court decision, the risk of implicitly waiving the right to arbitrate just became a lot greater. In a unanimous decision issued this week in Morgan v. Sundance, the Supreme Court of...Winston Taylor - Article
Federal Jury Finds No Liability For SuperValu In FCA Case Remanded For Trial By SCOTUS
Subsequent to remand from the U.S. Supreme Court, United States ex rel. Schutte v. SuperValu Inc., 598 U.S. 739 (2023) (SuperValu) was tried to a jury. On March 5, 2025, the jury found that SuperValu...Winston Taylor - Article
Illinois District Court Rules That Reasonable Costco Customers Are Flavor Savvy
Consumers may have a lot of choices while grocery shopping, but according to a district court in Illinois, the reasonable consumer knows the difference between "flavor" and "ingredient."Winston Taylor - Article
Federal Appeals Court Concludes That Florida Law Prohibiting Florida Real Estate Ownership By Chinese Persons Likely Violates Federal Law
On February 1, 2024, a unanimous panel of the United States Court of Appeals for the Eleventh Circuit (the Eleventh Circuit)...Winston Taylor - Article
U.S. Asks For Input To Shape Global AI Strategy
On October 28, the U.S. Department of Commerce's International Trade Administration released a request for information (the RFI) to guide its formulation of the American AI Exports Program (the Program)...Winston Taylor - Article
Chinese E-Commerce Company Sues Amazon Europe Under China's Anti-Monopoly Law
On August 22, 2023, the Guangzhou Intellectual Property Court announced that it has accepted a case brought by Mengbian, a Chinese e-commerce firm that operates an online store on the Amazon marketplace.Winston Taylor - Article
Top Antitrust Enforcers Signal Increased Scrutiny Of Private Equity
In a recent interview, the head of the Department of Justice's (DOJ) Antitrust Division emphasized DOJ's intent to examine closely certain private equity transactions.Winston Taylor - Article
Does The State Of Washington Recognize A ‘Direct-to-Consumer' Exception To The Learned-Intermediary Doctrine?
A federal court has asked the supreme court of Washington to address the scope of that state's learned-intermediary doctrine.Winston Taylor - Article
Trump Administration Considers Requiring Banks To Collect Citizenship Information From Their Customers
On February 24, 2026, several media outlets reported that the Trump administration is internally considering requiring banks to collect citizenship...Winston Taylor - Article
EPA Finalizes Regulations Ending "Once-In-Always-In" Policy
The final rule represents the EPA's withdrawal of the once-in-always-in policy and codifies EPA's 2018 guidance on this topic.Winston Taylor
