Administrative Agency Civil Procedure International Trade

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Can SOX Go Overseas? The Debate Continues

The continuing controversy over whether retaliation claims under the Sarbanes-Oxley Act ("SOX") cover activities outside the United States continues to play out in the courts and administrative bodies. The two leading cases...more

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

Taxpayer Wins New York Bank Tax Case: Division of Tax Appeals Determines that Department Violated its Own Published Guidance

In a recent decision, the New York State Division of Tax Appeals soundly rejected a determination by the New York State Department of Taxation and Finance (the "Department") that it could treat a banking corporation’s...more

October 2013: International Trade Commission Update - ITC Unveils New Pilot Program Aimed at Early Resolution of 337...

The United States International Trade Commission recently unveiled a new pilot program aimed at faster, less expensive resolution of 337 investigations. As part of the pilot program, the Commission “will identify, at...more

ITC Section 337 Update - April 15, 2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

Is the legal environment changing for Russia-related transactions? What new challenges will parties face and how should they...

A dynamic market - Russia is a dynamic, developing growth market, with a constantly changing legal environment. Right now Russia is seeing an upturn of activity in corporate transactions of all kinds: mergers and...more

UK Employment Reforms in 2013

The UK’s Department for Business, Innovation and Skills has issued the ‘Fifth Statement of New Regulations’ (the “Statement”), which provides details of regulatory reforms and implementation dates for 2013. Whilst the...more

Orrick's Financial Industry Week in Review - January 7, 2013

In This Issue: *Financial Industry Developments - OCC Guidance on Transition Periods under Section 716 of the Dodd-Frank Act - CFTC Reporting of Swap Transactions and Swap Dealer Registration - Department...more

News from Abroad: Availability of Documents at the EPO -- EPO Board of Appeal Decision T1839/11

Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more

Three-Year Deadline for Recovery of Invalid Anti-Dumping Duties

The judgment of the Court of Justice of the European Union in CIVAD (C-533/10, 14 June 2012) reminds all importers that even if the Court declares an anti-dumping duty or countervailing duty invalid, an importer will not be...more

Upcoming Patent Law Changes Will Put Pressure on Patents

Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or...more

Top Stories of 2012: #8 to #11

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

A further (small) step forward towards an EU-wide unitary patent system

On 11 December 2012, Advocate General Bot gave his Opinion on Joined Cases C- 274/11 and 295/11, proposing that the Court of Justice of the European Union (“ECJ”) dismiss the cases brought by Spain and Italy challenging the...more

Changes to patent entitlement in Australia and New Zealand

Entitlement in Australia and New Zealand - The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can...more

An easy guide to Australia’s new patent law under the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Introduction - The most significant amendment to Australia’s patent legislation since enactment of the current Patents Act 1990 (Cth) has now come into effect with the passing of the Intellectual Property Laws Amendment...more

Orrick's Financial Industry Week in Review - November 12, 2012

In This Issue: Financial Industry Developments - Federal Reserve Board Launches 2013 Capital Planning and Stress Testing Program - Joint Agency Guidance on Regulatory Capital Rulemakings - Rating Agency...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Fall 2012 - Volume 10, Issue 4

In This Issue: Conducting Efficient Patent Litigation Discovery - The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront...more

Canada Modernizes Copyright Legislation

Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more

News from Abroad: Progress for Single European Patent and Litigation System

Originally published in Forresters life sciences newsletter on November 10, 2012. Unitary European Patent - European Union (EU) FlagThe European Union (EU) Parliament is close to approving new regulations for a...more

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

"The 2012 U.S. Supreme Court Term: Business Cases to Watch"

The U.S. Supreme Court's new term began on the first Monday of October, its first public meeting since the Court's high-profile health care decision in June, and there already are a number of cases that will have a...more

Federal Courts Bars Extraterritorial Application of Dodd-Frank’s Anti-Retaliation Provision to Whistleblowers Employed Abroad

In Asadi v. G.E. Energy (USA), LLC, a federal district court in Texas held that Dodd-Frank’s anti-retaliation protections for SEC whistleblowers do not apply to employees stationed abroad. Although the Asadi holding may not...more

Iranian Sanctions Extended by Executive Order

Foreign subsidiaries of U.S. parent companies are deemed fully subject to U.S. jurisdiction regarding all Iranian sanctions. On October 9, an Executive Order was issued by President Barack Obama, fully implementing...more

ITC Proposes New Limitations on Discovery

In a recent Notice of Proposed Rulemaking, the U.S. International Trade Commission (ITC) promulgated for comment revisions to its Section 337 discovery procedures. If implemented largely as proposed, which is likely given the...more

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