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Supreme Court Reverses Apple’s $400 Million Damage Award Against Samsung

On December 6, 2016, the Supreme Court ruled unanimously, in an opinion by Justice Sotomayor, that an award of total profits for infringing a design patent need not be calculated based only on the end product sold to an ordinary…more

More Departures Announced by Top SEC Officials

Following up on our earlier report that Mary Jo White, the chair of the Securities and Exchange Commission, will step down at the end of the Obama administration, news of other departures within the SEC has begun to spread. The latest…more

The Anatomy of Law Firm Pitches

A colleague recently posted in an online legal marketing forum, seeking advice on “best practices for pitching” for an upcoming partner training. Experienced legal marketers chimed in with numerous good ideas of what to do and what not…more

SCOTUS Upsets the Apple Cart?: The High Court Answers Key Question on Design Patent Damages, But Leaves Many Unanswered

The United States Supreme Court today overturned a $400 million verdict in a highly-publicized and long-waged patent battle between Apple and Samsung. Samsung Elcs. Co., Ltd. v. Apple Inc., 580 U.S. __ (Dec. 6, 2016). In doing so, it…more

EPIC Recommends Privacy Standards For Automated Vehicles

On November 23, 2016, the Electronic Privacy Information Center (“EPIC”) issued a 17-page comment document to the National Highway Traffic Safety Administration (“NHTSA”) to highlight the privacy risks of automated vehicles and to…more

Blog: Hitting Populist Note, U.K. Proposes Enhancements To Corporate Governance — Will The New U.S. Administration Follow The Populist Playbook?

One of the prevailing narratives of the recent Presidential election was that the same gestalt that drove the Brits to vote for Brexit also animated the pro-Trump forces and led to his presidential victory. Why then, when it comes to…more

ICC Announces New Expedited Rules for Smaller International Arbitrations

On Nov. 4, the International Court of Arbitration of the International Chamber of Commerce (ICC) announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure for smaller…more

Biodiversity reforms debated in NSW Parliament

The biodiversity reform package contains both contentious and long awaited reforms to the threatened species and native vegetation regimes. Dentons provides a snapshot of some of the key reforms currently being debated in the NSW…more

ECB Publishes Guidance on Leveraged Transactions

On 23 November 2016, the European Central Bank (“ECB”) published draft guidance on leveraged transactions (the “Guidance”) for public consultation. The consultation period will end at midnight on 27 January 2017, during which time…more

IP Licenses & Bankruptcy Laws (Part 1)

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one of the…more

No-Action Relief Allowing Use of Consolidated Risk Disclosure Statement

On November 30, 2016, the U.S. Commodity Futures Trading Commission‘s Division of Swap Dealer and Intermediary Oversight provided no-action relief to futures commission merchants (FCMs) and introducing brokers (IBs), allowing them to…more

Seventh Circuit Says Student Athletes Are Not Employees

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were therefore…more

The Gig Workforce Train … Even More “Traditional” Workplaces AreMaking Sure That They Don’t Get Left Standing on the Platform

Much has been written about sharing economy companies such as Uber and the like whose very core is fueled by a contingent workforce connected to consumers through a digital platform. But a recent report stresses that even more…more

Who Votes As Proxy For Shares Standing In The Name Of Another Corporation?

The Proxy Season blog yesterday discussed the following question from the Q&A Forum of TheCorporateCounsel.net..…more

Did Trump’s Election Increase the Odds of NPDES Delegation in Massachusetts? I Sure Hope So.

As I noted last spring, the Baker administration had filed legislation to support NPDES delegation to Massachusetts. At the time, I supported the delegation effort and pleaded with my friends in the environmental community to support…more

Supreme Court Addresses Design Patent Damages for First Time in 120 Years: New Era of Design Patent Damages Dawn

On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the value of…more

Divergent Views on Class Discovery

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies. In Weiner…more

Legal Insight: Overview of PPP laws/frameworks in selected African jurisdictions

Uganda - In July 2014, Uganda joined the list of African countries that have implemented Public Private Partnership or “PPP” laws, by passing the Public Private Partnership Bill 2012 (Uganda PPP Law). As in many African countries…more

Boletín Mensual de Comercio Internacional: Noviembre Información con Énfasis en la Regulación Comercial y de Arbitraje Internacional

Durante el mes de noviembre destacan los siguientes temas: Comercio, Prácticas Desleales, Competencia Económica, Compras de Gobierno, Subsidios, Solución de Diferencias, Comercio Electrónico…more

Spreading Good Cheer: What Employers Should Know About Holiday Pay For Nonexempt Employees

December ushers in the hustle and bustle of the holiday season. From office parties to school holiday pageants to gatherings with family and friends, employers and employees have many holiday activities on their minds. Despite a more…more

Supreme Court Decision Regarding Damages for Design Patent Infringement

In a unanimous decision, the U.S. Supreme Court yesterday overturned a $400 million jury award to Apple for Samsung's infringement of certain Apple design patents relating to smartphones (Samsung Electronics Co. Ltd. et al. v. Apple…more

Recent Litigation Against Product Manufacturers Shows the Reach of Cybersecurity Liability

Plaintiffs have increasingly sought to hold companies accountable through litigation for security breaches or hacks of their computer systems that store personal information. Two recent court decisions in California demonstrate the…more

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union, and your…more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not required to…more

Arbitrator finds employer violated OHSA workplace-violence obligations

A labour arbitrator has found that a mental health organization violated the Occupational Health and Safety Act when it failed to take certain workplace-violence precautions. The organization provided services to persons with…more

Appellate Court Determines that Student Handbook is not a Contract

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies in its…more

GIR Asia Pacific Investigations Review 2017: Australia Chapter - Internal Investigations

It goes without saying that wrongful conduct in a corporate setting can have drastic and irreparable legal, commercial and reputational consequences for the individuals and entities involved. Internal investigations, which can be…more

Court Of Chancery Addresses Who Is To Do Post-Closing Adjustments

Many contracts for the sale of a company have a provision addressing how the parties should resolve disagreements concerning post-closing adjustments to the sale price. Exactly who is to resolve those disputes (be it an accountant, an…more

Mine Safety Agency Issues Hand-Injury Advisory

The Mine Safety and Health Administration has issued an advisory warning to mine operators and employees about the dangers of hand injuries. The agency said that from January 1, 2010, through August 31, 2016, there were 5,678 hand…more

Connected or Automated Vehicles: The European Commission Presents its Strategy for Europe

On 30 November 2016 the European Commission (“Commission” or “EC”) presented its Communication on connected cars for Europe, under the more formal denomination “A European Strategy on Cooperative Intelligent Transport Systems…more

California Court Rejects Attempt to Overturn Judgement Based on Spokeo

A defendant who lost a bench trial in a certified class case alleging that it violated the Electronic Funds Transfer Act by forcing the plaintiff and class to use electronic funds transfer services to obtain loans sought to upend the…more

The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design patent…more

SEC Taking a Closer Look at Non-GAAP Financial Reporting

According to Tatyana Shumsky at the Wall Street Journal, the Securities and Exchange Commission has increased efforts to regulate the use of accounting metrics that do not conform to the U.S. Generally Accepted Accounting Principles…more

The Chairman’s Flight and the US Corrupt Practices Act

Earlier this week a most interesting non-Foreign Corrupt Practices Act (FCPA) bribery and corruption enforcement, actions was announced by the Securities and Exchange Commission (SEC). It involved a clear quid pro quo benefit was…more

Copyright Office Establishes New Electronic DMCA Agent Registration

Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required to designate…more

UK Court Considers Whether Later Conduct Stemming From A Loss Event Should Be Considered A Loss Under An Excess Of Loss Reinsurance Policy

This case considers an appeal against an arbitration award concerning whether health claims from persons involved in cleaning up the 9/11 World Trade Center site should be considered to be multiple claims or should be aggregated as…more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – November 2016

Updates on the EU: German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers. On June 7, 2016, the European Commission adopted the EU-U.S. Privacy Shield. One question that many…more

Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of “Final” Overtime Rule

On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States Department of Labor ("DOL") from implementing and enforcing its new and…more

Home Depot Cyber Derivative Action Shuttered: Another Data-Breach Derivative Suit Fails to Clear Fundamental Corporate Law Hurdles

The recent dismissal of a Home Depot derivative action ends a string of high-profile derivative suits stemming from large-scale corporate data breaches. On November 30, the Northern District of Georgia dismissed a shareholder…more

Gatekeeping - stops class action cold!

On 16 November 2016, Madam Justice Dillon issued her decision in Harrison v. Afexa Life Sciences Inc., 2016 BCSC 2123, denying the certification of a class action against the makers of Cold-Fx under the Class Proceedings Act, R.S.B.C…more

[Video]Cookies & Consumer Privacy in Online Advertising

One method providers and their partners employ to collect online consumer data is the use of cookies. While there are various types of cookies, they serve the same overall function: tracking consumer behavior for browser experience…more

Sanctions for Failure to Conduct a Reasonable Inquiry Into Factual/Legal Basis for Discovery Responses

Recently in Rodman v. Safeway, Inc., 2016 WL ­­­5791210 (N.D. Cal. Oct. 4, 2016), U.S. District Judge Jon S. Tigar imposed monetary sanctions of $688,644 because of the failure of Safeway and its counsel to conduct a reasonable inquiry…more

New real property record-keeping obligations for Ontario corporations

On December 10, 2016, Bill 144, the Budget Measures Act, 2015 (Ontario) will come into force and the Forfeited Corporate Property Act, 2015 (FCPA) will be enacted. The enactment of the FCPA will have the effect of amending the Business…more

The OCC Launches Its New FinTech Charter Initiative

Whether the long and arduous chartering process, ongoing examination and supervision requirements, substantial capital requirements and limitations on initial rapid growth will outweigh the benefits of the bank partnership model or…more

With President-Elect Trump, What Happens Next for the CFPB?

The Consumer Financial Protection Bureau (CFPB) will have its hands full in the coming months with the combined one-two punch it has suffered at the hands of a decision from the U.S. Court of Appeals in PHH Corporation v. CFPB and the…more

Implications for Bank Creditors: the Latest EU Banking Reform Proposals

The European Commission recently announced an extensive package of banking reform proposals. Of particular interest to bank creditors, proposed amendments to the Bank Recovery and Resolution Directive aim to amend the creditor…more

Supreme Court’s Apple Decision Opens a Can of Worms on Patent Awards

Today the Supreme Court found an ambiguity in the Patent Act, reversing Apple’s $399 million infringement award against Samsung…more

Corporate Individual Creating a Privileged Communication May Not Control Waiving it

While companies, like people, are entitled to protect privileged communications with their counsel, companies only can act through individuals. So what happens when the former CEO wants to disclose a privileged communication he had…more

OCC Explores Special Purpose National Bank Charter for Fintech Companies

On December 2, 2016, the Office of the Comptroller of the Currency (“OCC”) announced its plans to move forward with a proposal to consider applications from financial technology (“fintech”) companies to receive charters as special…more

Ownership of rigs at risk in PNG

Papua New Guinea is one of the bright spots on the horizon for the oilfield services industry but a recent change in the law has reversed long-standing principles of ownership rights to leased oilfield equipment…more

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