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  • Article

    Arbitrator’s Failure To Disclose Voids $125 Million Award

    Evident partiality is a ground for vacating an arbitration award under both the Federal Arbitration Act and the Texas Arbitration Act.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Spiders Have to Play by the Rules

    The Internet is the world’s largest repository of information. To cull the Internet trove efficiently, many parties have deployed automated search tools, often referred to as crawlers or spiders, to "mine" data residing on other Web sites.
    United StatesIntellectual Property
    Nixon Peabody
    Nixon Peabody
  • Article

    Ethical Issues For Attorneys Providing Services To The Cannabis Industry

    It is estimated that the legal cannabis industry could reach $30 billion in sales and employ nearly half a million full-time workers by 2023. In one year, cannabis companies raised $13.8 billion in funding.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Nixon Peabody
    Nixon Peabody
  • Article

    Protecting a Lessee’s Section 365(h) Right to Possession after Rejection From a Sale of the Underlying Real Estate Free and Clear Of Interests

    Ever since the 7th Circuit’s decision in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC, 327 F. 3rd 537(7th Cir. 2003), bankruptcy practitioners and lessees have wondered if, in the context of a debtor-in-possession or a trustee sale of real estate free and clear of any interests in the property under Section 363(f), they could protect the lessee’s Section 365(h) right to remain in possession of leased real estate when the lease is rejected.
    United StatesFinance and Banking
    Nixon Peabody
    Nixon Peabody
  • Article

    Second Circuit Refuses To "Waive" Good-Bye To Class Actions

    Reports that franchisors could avoid class actions through arbitration appear to have been greatly exaggerated.
    United StatesLitigation, Mediation & Arbitration
    Nixon Peabody LLP
    Nixon Peabody LLP
  • Article

    Hedge Fund Due Diligence: A US Litigator’s Perspective

    Litigation, by its very nature, is backward looking.Trial counsel act as legal archeologists, attempting to determine what went wrong and when.Thus, litigation offers a unique opportunity to examine, with 20/20 hindsight, the issues and actions that led to failure.
    United StatesFinance and Banking
    Nixon Peabody
    Nixon Peabody
  • Article

    D.C. Circuit Upholds Attorney-Client Privilege In Internal Compliance Investigation

    The D.C. Circuit's decision clarifies that an attorney-client communication is protected as long as a significant purpose of the communication is obtaining or providing legal advice.
    United StatesCorporate/Commercial Law
    Nixon Peabody
    Nixon Peabody
  • Article

    Hedge Funds: Lessons Learned From The "Radnor" Decision

    There’s a new player seated at the financial table: hedge funds. While hedge funds "were originally designed to invest in equity securities and use leverage and short selling to ‘hedge’ the portfolio’s exposure to movements of the equity markets, hedge funds utilize a wide variety of investment strategies and techniques."
    United StatesFinance and Banking
    Nixon Peabody
    Nixon Peabody
  • Article

    Pot Luck: Marijuana Legalization Drives Budding Practices

    William Bogot and Donna B. More was featured in The American Lawyer article, "Pot Luck: Marijuana Legalization Drives Budding Practices."
    United StatesFood, Drugs, Healthcare, Life Sciences
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    The Unsecured Creditors Committee of Sparrer Sausage Company, Inc. v. Jason's Foods, Inc.

    The Seventh Circuit reverses, holding the bankruptcy court applied too narrow of a baseline payment range to the creditor's ordinary course defense in this preference action.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    U.S. Supreme Court Upholds State Law Rights Of Trademark Licensees And Other Non-Debtor Contract Parties In Bankruptcy

    On May 20, 2019, the U.S. Supreme Court issued an 8-1 ruling in the case of Mission Product Holdings, Inc. v. Tempnology, LLC.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Camofi Master LDC v. U.S. Coal Corp. (In re Licking River Mining, LLC)

    The bankruptcy court grants the trustee's motion to dismiss the creditors' adversary proceeding. The claims asserted by the creditors were property of the estate and thus the trustee has the exclusive right to assert the claims.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    The Inevitability Of Hedge Fund Regulation In The US

    There is a high likelihood that some regulations will be imposed on hedge funds in the US. The question is not so much if there will be regulation, but when and how much. This article considers the factors driving regulation.
    United StatesCorporate/Commercial Law
    Nixon Peabody
    Nixon Peabody
  • Article

    Kudos To Purvi Patel On Being Named SABA-SC's 2019 Mentor Of The Year

    MoFo litigation partner Purvi G. Patel was presented with the 2019 Mentor of the Year Award during the South Asian Bar Association of Southern California's (SABA-SC)
    United StatesLaw Department Performance
    Morrison Foerster
    Morrison Foerster
  • Article

    M&A Deal Terms - What's Market?

    There’s an ever-growing list of reports and studies that collect, analyze and scrutinize various deal terms and other aspects of M&A transactions – or at least it feels that way.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Redesigning Firm-Wide Support Functions

    Recognizing in 2010 that Kaye Scholer's New York office lease would terminate in April 2015 after more than 50 years in the same building, firm members began studying whether and how to move certain firm-wide functions from its Manhattan office to an external operations center.
    United StatesLaw Practice Management
    Arnold & Porter
    Arnold & Porter
  • Article

    Inventor Islam's Omni MedSci Hits Fossil, OnePlus, Oura, Samsung, In One East Texas Complaint

    Omni MedSci, Inc. has filed a single Eastern District of Texas complaint against Fossil, OnePlus, Oura Health, and Samsung (2:24-cv-01070), alleging infringement of five patents...
    United StatesIntellectual Property
    RPX Corporation
    RPX Corporation
  • Article

    Patenting Antibodies In The US And Europe

    Is the USPTO now stricter than the EPO on antibody claims? A consideration of recent developments from both sides of the pond.
    GlobalIntellectual Property
    HGF Law
    HGF Law
  • Article

    The Whistleblower Protections Of The Defend Trade Secrets Act Could Have A Broad Impact---But Only If Employees Are Told About Them

    With no fanfare whatsoever, the U.S. Congress has passed legislation, signed into law by President Obama on May 11, 2016, that could encourage more employees to become SEC, CFTC or false claims act whistleblowers.
    United StatesEmployment and HR
    The Law Offices of Daniel J. Hurson, LLC
    The Law Offices of Daniel J. Hurson, LLC
  • Article

    How Content Creators Can Take Control Of Monetization

    You have the power to monetize directly through your audience, but with that power comes the need for financial discipline and business structure.
    United StatesMedia, Telecoms, IT, Entertainment
    MGO CPA LLP
    MGO CPA LLP

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