Tony Lathrop

Tony Lathrop

Moore & Van Allen PLLC

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House Judiciary Committee Copyright Hearing

House Judiciary Committee Copyright Hearing: On April 2, 2014, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing “Preservation and Reuse of Copyrighted Works.” ...more

4/16/2014 - Copyright Legislative Agendas

USPTO March 2014 Update to Guidance & Training for Evaluating Utility Patent Subject Matter Eligibility for Claims involving...

In response to recent U.S. Supreme Court decisions addressing utility patent subject matter eligibility under 35 U.S.C. § 101, the U.S. Patent & Trademark Office issued new guidance and training materials for patent examiners...more

4/3/2014 - Patent Litigation Patents SCOTUS USPTO

Class Arbitration Waivers Validated by the Eleventh Circuit in FLSA Actions

The Eleventh Circuit in Walthour v. Chipio Windshield Repair, LLC, No. 13-11309 (11th Cir. March 21, 2014) recently joined the Second, Fourth, Fifth, and Eighth Circuits in upholding class arbitration waivers in a Fair Labor...more

4/1/2014 - Arbitration Class Action Arbitration Waivers Employer Liability Issues FLSA

What if the Agreed Upon Arbitrator No Longer Conducts Arbitrations? The North Carolina Court of Appeals Answers in Torrence

Defining the power of arbitration agreements has been a hot topic at the federal and state levels for the past couple of years. In a recent post, we discussed two North Carolina Court of Appeals decisions that validated the...more

3/12/2014 - American Express v Italian Colors Restaurant Arbitration Arbitrators AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers SCOTUS

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

3/6/2014 - Class Action Class Certification Comcast Comcast v. Behrend Commonality Dukes v Wal-Mart Mold Litigation Predominance Requirement SCOTUS Wal-Mart Whirlpool

Concepcion and Amex Head South: In North Carolina Your Class Arbitration Waiver May Now Be Enforced Despite the State’s 2008...

The North Carolina Court of Appeals recently declared the enforceability of class arbitration waivers despite the North Carolina Supreme Court’s previous decision in Tillman v. Commercial Credit Loans, Inc., 362 N.C. 93, 655...more

3/4/2014 - Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers

Redefining the Power of Arbitration in Unfair Labor Practice Cases: NLRB Solicited Briefs on the Issue

In line with recent efforts in the courts to define the scope of power of the arbitral forum, the National Labor Relations Board (NLRB) recently took on the issue of whether to modify the standard it applies to determine...more

2/19/2014 - Arbitration Arbitration Agreements Compliance NLRA NLRB Unfair Labor Practices

February 15th Deadline to Comment on Proposed Amendments to Federal Rules of Civil Procedure

In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for...more

2/19/2014 - Deadlines Federal Rules of Civil Procedure Proposed Amendments

Foreign Companies Dragged into U.S. Courts Get Reprieve as U.S. Supreme Court Clarifies Limits on General Jurisdiction

In Daimler AG v. Bauman, 571 U. S. ____ (Jan. 14, 2014), the U.S. Supreme Court reiterated that general or “all-purpose” jurisdiction can be exercised over foreign corporations only “when their affilia­tions with the State...more

2/19/2014 - DaimlerChrysler DaimlerChrysler v Bauman Foreign Corporations Jurisdiction SCOTUS

House Judiciary Subcommittee Considers Copyright Fair Use

In a continuation of the House Judiciary Committee’s extensive review of U.S. Copyright law, the Subcommittee on Courts, IP, and the Internet held “The Scope of Fair Use” hearing on January 28, 2014. ...more

2/19/2014 - Copyright Fair Use

The Burden is on You: A Defendant Patent Holder Still Bears the Burden of Proving Infringement in a Declaratory Judgment Action...

For nearly 150 years, it has been established that a patent holder (“patentee”) ordinarily bears the burden of proving infringement. The U.S. Supreme Court’s recent decision in Medtronic v. Mirowski Family Ventures, LLC, 571...more

2/10/2014 - Burden of Proof Declaratory Judgments Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents SCOTUS

D.R. Horton Still Alive: NLRB Judge Says Employer’s Intent to Compel Employees to Waive Class Claims Renders Arbitration Clause...

Although the Circuit Courts of Appeals that have addressed the issue currently stand united in the view that class arbitration waivers in individual employment contracts do not violate the National Labor Relations Act...more

1/28/2014 - Arbitration Arbitration Agreements D.R. Horton D.R. Horton v NLRB Employment Contract Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB

“Loath to create a circuit split,” the Fifth Circuit Overturns NLRB’s D.R. Horton Ruling that Class Arbitration Waivers in...

The Fifth Circuit Court of Appeals recently rendered its long-awaited decision in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), revised December 4, 2013, which reversed the National Labor Relations Board...more

12/17/2013 - Class Action Class Action Arbitration Waivers D.R. Horton v NLRB Employment Contract NLRA NLRB Protected Concerted Activity Split of Authority

The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring...

This year several proposed amendments to the Federal Rules of Civil Procedure (“Civil Rules”) are under consideration. In a previous post, we highlighted the most recent proposed amendments to the Civil Rules which focus on...more

11/19/2013 - Discovery Federal Rules of Civil Procedure Rule 45 Subpoenas

A Look at Class Certification through the Lens of In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation:...

Several opinions issued by the U.S. Supreme Court during the past few years have made it more difficult for plaintiffs to obtain class certification. Despite the hurdles erected by the Supreme Court’s recent opinion in...more

9/27/2013 - Class Action Class Certification Comcast v. Behrend Commonality Dukes v Wal-Mart FRCP 23(b)(3) Predominance Requirement SCOTUS Wal-Mart Whirlpool

Federal District Courts Continue to Use Local Patent Rules

In our last post, we discussed proposed amendments to the Federal Rules of Civil Procedure recently published for comment by the Judicial Conference Advisory Committee. Two years ago, I sat on a similar advisory committee...more

9/13/2013 - Patent Infringement Patent Litigation Patents Rules of Civil Procedure

Proposed Amendments to Federal Rules of Civil Procedure Include Limitations on Discovery and Spoliation Sanctions, Published for...

The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on...more

8/30/2013 - Discovery Federal Rules of Civil Procedure Rule 37 Sanctions Spoliation

The U.S. Supreme Court Ended the Term with an Exclamation Mark at the End of Its Statement on Class Actions and Arbitration: The...

The Supreme Court’s October 2012 Term could rightly be named “The Year of the Class Action.” The High Court received many petitions for review and ultimately issued more than five decisions that tackled issues impacting the...more

7/15/2013 - American Express v Italian Colors Restaurant Arbitration Arbitrators Class Action Class Arbitration Federal Arbitration Act Oxford Health v Sutter Preemption SCOTUS Statutory Rights

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