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The future of sportsbetting after Stanleybet decision

The decision of the European Court of Justice in the Stanleybet case might affect the future of the Italian sportsbetting market during a period when CTDs are still on time to “cure” their status....more

Free Speech: Paris Mayor Off-Message by Threatening Fox News Suit

The scene of the Charlie Hebdo attacks in Paris ten days later. I returned from Paris on Tuesday after a short vacation.  As a bit of a news junky, it was admittedly an exciting time to be there.  When I arrived on Friday, we...more

EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement

The private enforcement of competition law within the EU continues its inexorable rise and plaintiff opportunities abound. Small and medium size businesses throughout Europe are joining larger companies in initiating...more

Orrick's Financial Industry Week in Review

ESMA Publishes Final Technical advice on the MiFID II Directive and MiFIR - On December 19, 2014, the European Securities and Markets Authority (ESMA) published final technical advice (ESMA/2014/1569) to the European...more

Mainbrace - January 2015 No. 1

In this issue: - A Sea Change Sweeps over Congress: A Look Back and a Look Ahead - Shipping & International Trade Law (Second Edition 2015) - Congress Passes Coast Guard Bill in Waning Hours of 113th...more

“Brillante Virtuoso” held to have been a Constructive Total Loss

The High Court recently held that the “Brillante Virtuoso” (the “Vessel”) was a constructive total loss (“CTL”) following an attack by pirates in July 2011. Mr Justice Flaux made important key findings in the CTL claim, which...more

International Trade Commission Clarifies the Requirements for Standing in a Patent Infringement Investigation at the ITC

The International Trade Commission (ITC) recently issued an opinion clarifying the requirements for standing in patent infringement suits at the ITC. On January 7, 2015, the Commission issued the public version of its opinion...more

Second Circuit Denies Petition for En Banc Review of Fairfield Decision

On January 13, 2015, the U.S. Court of Appeals for the Second Circuit denied a petition for en banc review of the Second Circuit’s September 2014 panel decision holding that bankruptcy courts are required to review the...more

Federal District Court Ruling in Fukushima Daiichi Case Has Implications for Global Nuclear Liability Management

A recent ruling in Cooper v. Tokyo Electric Power Company, No. 12-CV-3032, S.D. Cal., Oct. 28, 2014, one of three lawsuits filed in the United States related to the 2011 incident at the Fukushima-Daiichi nuclear power plant,...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

ITC Section 337 Update – January 2015

Amicus Curiae United States Moves To Present Oral Argument In Suprema – On January 15, 2015, the United States filed an unopposed motion for leave to participate in oral argument before the en banc Federal Circuit in Suprema...more

An American Attorney in Canada (Part 3: Letters of Request in Patent Litigation)

A recent Ontario court decision (Arctic Cat Inc. et al. v. Peter Watson, 2014 ONSC 6874 (CanLII)) dealt with a foreign letter of request, or “letter rogatory” in a cross-border patent infringement case involving the invention...more

Patenting Your Basement Fusion Reactor: Utility Requirements Under U.S. Patent Law

Multiple projects are currently underway to demonstrate feasibility of fusion energy. The goal of the ITER multinational project in southern France (of which the United States is a participant) is to deliver ten times the...more

Conducting Depositions in Sweden

One of the jewels of the Scandinavian region of Europe, the Kingdom of Sweden,is a highly frequented country for taking depositions. Not only is the country full of interesting history and breathtaking beauty, it is also a...more

ExxonMobil Decision by ICSID: A win for ExxonMobil or Venezuela?

On 9 October 2014, an International Centre for Settlement of Investment Disputes (ICSID) tribunal comprised of H. E. Judge Gilbert Guillaume (President), Professor Gabrielle Kaufmann-Kohler and Dr. Ahmed Sadek El-Kosheri...more

Seventh Circuit to Motorola: No Rehearing En Banc

On December 1, 2014, we wrote about the Seventh Circuit’s decision in Motorola Mobility LLC v. AU Optronics Corp., which affirmed dismissal of the vast majority of Motorola’s claims regarding LCD panels....more

Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration

The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other...more

Preparing for the Roll Out of the European Patent Reforms

In this lw.com interview, Latham & Watkins counsels Charles Courtenay and Christian Engelhardt and associate Donald McCombie discuss the impact of the new Unified Patent Court (UPC) on existing European Patents and outline...more

USCIS Seeks Feedback on RFE Template for Multinational Executive and Manager Category

In April 2010, U.S. Citizenship and Immigration Services (USCIS) launched its Request for Evidence (RFE) Project, an initiative to review and revise the agency’s Service Center RFE templates. Since then, USCIS has published...more

Complex Commercial Litigation Update: New York’s Separate Entity Rule and the Reemergence of Florida as a Potential Gateway for...

All too often a judgment-creditor hits a roadblock when a judgment-debtor attempts to evade enforcement of a money judgment by shielding the debtor’s assets located outside of the jurisdiction where the judgment was obtained,...more

The Guards Who Couldn’t Shoot Straight: Fourth Circuit Endorses “Implied Certification” Theory Under False Claims Act

Does the federal False Claims Act (“FCA”) require the submission of an “objectively false statement” to the government? When does a company’s knowing failure to comply with contractual terms amount not just to a breach of...more

Staging a Multi-front Patent War

Although the United States may still occupy a leading position when companies are deciding where to enforce their patent rights worldwide, patentees who hold patent rights in multiple countries have started opening up...more

D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S....more

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more

Orrick's Financial Industry Week in Review

EIOPA Updates Risk Dashboard - On December 18, the European Insurance and Occupational Pensions Authority ("EIOPA") published an updated version of its risk dashboard (dated December 19), together with a background...more

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