Civil Procedure | JD Supra

New York State Trial Courts Issue Opposing Opinions On MBS Claims Statute Of Limitations

by BuckleySandler LLP on 5/24/2013

This week, two New York trial court justices issued diverging opinions on when the statute of limitations begins to run on claims related to the repurchase obligations of securitizers under certain MBS pooling and servicing...more

CEQA Reform? What's In and What's Out with SB 731 (And What's Next...)

by Richard Costigan, III, Kristina Lawson, Sean Matsler, Brady McShane | Manatt, Phelps & Phillips, LLP on 5/24/2013

Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces...more

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

by Daniel Corbett | Orrick - Trade Secrets Group on 5/24/2013

This Memorial Day weekend, we would like to stop and honor the sacrifice that American servicemen and women have made, and take a brief look at an early case involving the military and trade secrets....more

Reinsurance Redux - May 2013

by Braden A. Borger, Amy S. Kline, Patrick Nugent, Sean T. O'Neill, Brian Simons, Matthew Smith | Saul Ewing LLP on 5/24/2013

In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more

No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’...

by Lia Bruschetta, Jennifer Dolman, Éric Préfontaine, Gillian Scott | Osler, Hoskin & Harcourt LLP on 5/24/2013

In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada...more

A Not-So-Good Domestic Asset Protection Trust Case

by Charles (Chuck) Rubin on 5/24/2013

Several states have adopted asset protection trust statutes that allow a grantor to establish a trust that is protected from the grantor’s creditors, even though the grantor is a discretionary beneficiary....more

Real World - May 2013: Residential service charges – mixed news for landlords on statutory consultation

by Scott Curtis | Dechert LLP on 5/24/2013

The decisions in Phillips & Goddard v Francis and Daejan Investments Ltd v Benson cause further uncertainty in already muddied waters for landlords seeking to pass on the cost of works to residential tenants....more

Patent Watch: Ateliers de la Haute-Garonne v. Broetje Automation USA Inc.

by Lawrence M. Sung | BakerHostetler on 5/24/2013

"There is no requirement in 35 USC 112 that an applicant point out which of his embodiments he considers his best mode; that the disclosure includes the best mode contemplated by the applicant is enough to satisfy the...more

Illinois Supreme Court Holds TCPA Damages Not Punitive

by Traub Lieberman Straus & Shrewsberry LLP on 5/24/2013

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

English court supports enforcement of arbitral award, granting worldwide injunction requiring disclosure of assets

by Amanda Cowell, Jason Yardley | White & Case LLP on 5/24/2013

This morning, Mr Justice Field handed down his decision in the case of Cruz City 1 Mauritius Holdings v Unitech Limited and others [2013] EWHC 1323 (Comm), confirming the jurisdiction of the English courts to order a...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/24/2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor...more

Legal Alert: Holder of Deed Need Not Be Holder of Note to Foreclose, Georgia Supreme Court Rules

by Thomas Byrne, Greg Traylor | Sutherland Asbill & Brennan LLP on 5/24/2013

The Georgia Supreme Court held this week that the holder of a security deed need not also hold the underlying note to exercise the power of sale in accordance with the terms of the security deed. You v. JP Morgan Chase Bank,...more

Second Highest Penalty in FCPA History Comes with a Caution from the Bench about the Limits of the Act’s Jurisdiction

by Jennifer Beidel, Christopher R. Hall | Saul Ewing LLP on 5/24/2013

In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more

Texas Puts its Lone-Star Spin on Trade Secret Protection

by Jonathon K. Hance, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D., Jeffrey S. Whittle | Bracewell & Giuliani LLP on 5/24/2013

Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more

Louboutin International Trademark Dispute

by Anjali Shankar | Winthrop & Weinstine, P.A. on 5/24/2013

Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more

Another Blow Is Struck Against Monetization of Copyright Enforcement Claims

by Michael P. Boudett | Foley Hoag LLP - Trademark, Copyright &... on 5/24/2013

In a decision issued earlier this month, the Ninth Circuit held that the right to bring copyright claims cannot be transferred without an accompanying transfer of copyright ownership itself....more

NLRB v. Noel Canning: confirmation that no brief in opposition to certiorari will be filed

by Keith R. Fisher | Ballard Spahr LLP on 5/24/2013

Based on a Reuters article quoting counsel for Noel Canning, Gary Lofland, I had previously indicated that the Respondent would not oppose certiorari in the case. ...more

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

by Anne Calverley, Jehad Haymour, Sophie Virji | Dentons on 5/24/2013

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to...more

What Is The Statute Of Limitations For Personal Injury In New Jersey?

by Berry, Sahradnik, Kotzas & Benson on 5/24/2013

Have you or someone you love been involved in an accident and suffered injury? If so and if you would like to take legal action against whoever is responsible for your condition, time may be running out....more

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/24/2013

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

Advocay in Mediation - The Art of the Opening Statement

by Elliot Hicks | Spilman Thomas & Battle, PLLC on 5/24/2013

People have commented so often on the loss of opportunities actually to try cases that little more needs to be said about it. Discovery seems unrestrained, costing so much and taking up so much time that after paying for it,...more

Florida Business Litigation Update: Florida Appeals Court Requires Insurer to Provide Separate Counsel for Multiple Insureds Under...

by Fuerst Ittleman David & Joseph, PL on 5/24/2013

In Univ. of Miami v. Great Am. Assur. Co., 38 Fla. L. Weekly D392 (Fla. 3d DCA 2013), Florida’s Third District Court of Appeals announced a ruling in a case of first impression that will have a substantial impact in Florida’s...more

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