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NBB Petitions EPA For Reconsideration And Stay Of CARBIO Approval

On March 30, 2015, the National Biodiesel Board (NBB) submitted a petition to EPA seeking reconsideration and a request for stay of EPA's approval of the Argentinian Camara Argentina de Biocombustibles (CARBIO) Alternative...more

Full And Frank Disclosure Obligation Breached But Injunction Upheld

In JSC Mezhdunarodniy Promyshlenniy Bank & anr v Sergei Viktorovich Pugachev [2014] EWHC 4336 (Ch), 19 December 2014, Mann J refused to discharge a GBP 1.2 billion worldwide freezing injunction despite finding, inter alia,...more

Rules that reflect different traditions

Some practitioners outside Germany have concerns about bifurcation. In a response to the previous article, Adam Cooke considers how it will work in practice in the UPC - Once the Unitary Patent and UPC come into effect...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation

Since the advent of the America Invents Act (“AIA”) in 2012, parties accused of patent infringement in district court cases have taken advantage of the newly established Inter Partes Review (“IPR”) procedure for challenging...more

Effect Of Agent's Surreptitious Dealing

In Tigris International NV v China Southern Airlines Co Ltd & anr [2014] EWCA Civ 1649, 17 December 2014, the Court of Appeal confirmed, obiter, that when a contract is terminated because of a party's surreptitious dealing...more

DIFC gains momentum towards implementation of a mechanism to permit conversion of DIFC court judgments into arbitral awards

The Dubai International Financial Centre (DIFC) is a separate and distinct jurisdiction established within the UAE in 2004 as a financial free zone, in which the civil and commercial laws of the UAE are disapplied. The DIFC...more

Alert: International Enforcement of English Asset Recovery Judgments

Civil proceedings brought by the state or a state entity are one mechanism to recover the proceeds of corruption, or to claim compensation for corrupt acts. Typically, substantial corruption cases are international in...more

ITC Section 337 Update - March 2015

Commission Files Brief In 833 Investigation Appeal Regarding Digital Models Qualifying As “Articles” – On February 18, 2015, the International Trade Commission filed its brief in an appeal to the Federal Circuit of the...more

Australia: Sauber Motorsports’ failed legal challenge sees driver Giedo van der Garde racing in Formula 1

On Monday 9 March 2015, F1 team Sauber launched a legal challenge in the Victorian Supreme Court to a previous decision by a Swiss arbitration court. The previous decision ruled that Sauber must uphold its contractual...more

January/February Recap

It’s interesting to look at the first two months of 2015 against the backdrop of the previous year. Judge Illston’s orders, for example, suggest that one should not expect much to change in ND Cal judges’ willingness to...more

Will the European Court of Justice Conclude that Antitrust Law Prohibits Royalties for Invalid Patents?

The European Court of Justice recently announced that it will issue a decision in Genentech Inc. v. Hoechst GmbH, in response to a request from the Paris Court of Appeals for clarification on whether European antitrust law...more

February 2015: Asia-Pacific Litigation Update: Injunctive Relief for SEPs Limited in Japan.

Injunctive Relief for SEPs Limited in Japan. Japan appears to be limiting injunctive and exclusionary relief for holders of Standard Essential Patents (SEPs) encumbered by Fair, Reasonable and Non-Discriminatory (FRAND)...more

German decision on collective redress

Cartel Damage Claims, a Belgian SPV for the collection of follow-on damages in antitrust litigation, has lost an appeal against six members of the so-called German cement cartel. On 18 February 2015, the Higher Regional Court...more

The case law of the German courts of lower instance for patent law and utility model law since the year 2013

The article is divided into three main parts. The first part (I.) deals with the substantive law, the second part (II.) deals with procedural law and the third part (III.) deals primarily with the question of costs and cost...more

Court awards as damages costs incurred as a result of a breach of a law and jurisdiction clause

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm) - The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to...more

Add Importers to Those Facing Expanding Whistleblower Claims under the False Claims Act

On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA)...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law - Updated March 2015

The High Court has held that where a clause provides for an “arbitration to be held” in a given jurisdiction, there is an implied choice that the laws of that place will be the curial law – that is, the law governing the...more

Abu Dhabi Global Market

On 6 January 2015, the Abu Dhabi Global Market (“ADGM”), the newly created free-zone and international financial centre located on Al Maryah Islands, Abu Dhabi, issued six consultation papers proposing new legislation for...more

In Nevada Court, Millions of Dollars Wasted in the Name of Macau Data Privacy Law

Clark County Nevada District Judge Elizabeth Gonzalez is considering further sanction against Sands China Ltd. for redacting “personal information” from about 2,600 documents the company produced in 2013 as part of an ongoing...more

BVI Arbitration Act interim relief

Following the Black Swan decision the British Virgin Islands (BVI) Court has exercised a power to grant free-standing injunctions to safeguard assets in support of foreign proceedings. ...more

Jurisdictional limits of cartel laws in Australia and the United States - ACCC v Air New Zealand and Motorola Mobility v AU...

Commerce may be increasingly global, but there remain limits on the extraterritorial application of cartel laws in individual countries. In late 2014, Courts in Australia and the United States (US) delivered judgments...more

French Social Taxes: Taxpayers Subject to Social Security Contributions in Another EU Member State Could Claim a Refund

EU resident individual taxpayers who have paid French social taxes (contribution sociale généralisée (CSG), contribution au remboursement de la dette sociale (CRDS) and prélèvements sociaux) on France-originating real estate...more

Collective Redundancy Consultation… “One Establishment” is Back

UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult representatives of...more

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