Civil Remedies International Trade

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Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition

Who does not like a good discount? Well, manufacturers, like Omega, for one. Fortunately for consumers, in Omega S.A. v. Costco Wholesale Corp., (January 20, 2015, 11-57137) ___ F.3d ___, the Ninth Circuit recently affirmed a...more

Contrary to Popular Opinion, North Carolina Courts Will Enforce Non-Competes

Employers regularly report that they are not convinced of the utility of non-compete agreements because “courts don’t enforce them.” Their distrust is well-earned because judicial opinions often state that non-compete...more

Newsletter: January 2015

In This Issue: - Main Article: ..EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement - Noted With Interest: ..The Strategy of Lone Pine Orders: Timing...more

Protecting Polka Dots and Zebra Stripes Through Copyright: Eleventh Circuit Affirms Ruling that Boot Designs are Infringed (But...

A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...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

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

Convention on Supplementary Compensation for Nuclear Damage to Take Effect

Japan recently submitted its instrument of acceptance to the International Atomic Energy Agency’s Convention on Supplementary Compensation for Nuclear Damage, triggering the CSC’s entry into force on April 15, 2015....more

Canada Begins Border Enforcement for Counterfeits

On January 1, 2015, the Government of Canada declared into force new border controls designed to prevent counterfeit and copyright infringing goods from entering and exiting Canada. The new border controls empower officers of...more

Credit Crunch Digest - December 2014

This issue of the Credit Crunch Digest focuses on Libor civil penalties; three former ICAP brokers pleading not guilty to criminal Libor charges; a large whistle-blower award to a former Countrywide Financial Corp. executive;...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

No Freezing Order Against Subsidiary Of Arbitration Award Judgment Debtor

In an important decision for anyone trying to enforce an arbitration award, in Cruz City 1 Mauritius Holdings v Unitech Ltd & 7 ors [2014] EWHC 3704 (Comm) Males J ruled that the English court did not have jurisdiction to...more

Illegal “Wash Sales” in Futures Contracts Result in $35 Million Fine

On December 18, the U.S. District Court for the Southern District of New York entered a Consent Order against a foreign bank (the “Bank”), imposing a civil monetary penalty of $35 million and enjoining future violations by...more

ITC Section 337 Update – December 2014

GAO Issues Report Evaluating Customs’ Exclusion Order Enforcement Processes – On November, 2014, the U.S. Government Accountability Office (“GAO”) issued a Report entitled Intellectual Property: U.S. Customs And Border...more

Clear Sailing Ahead For Class Counsel in California Settlement

In Laffitte v. Robert Half International, Inc., No. BC321317, ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee...more

SEC Files Settled FCPA Action Centered On Improper Travel

A “world tour” was at the center of FCPA violations by two employees of FLIR Systems, Inc., In the Matter of Stephen Timms, Adm. Proc. File No. 3-16281 (Nov. 17, 2014). Travel was also the focus of the Commission’s latest...more

Chevron-Lago Agrio: the risks of third-party funding in multijurisdictional disputes

As third-party funding continues to become more common in international disputes, particularly international arbitration, new concerns continue to emerge for parties and counsel who have sought to make use of this new...more

Supreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates

The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian affiliate of that...more

Gamasonic Seeks Lights Out For Solar Goes Green “Copycat” Solar Powered Light

Gamasonic Ltd. (“Gamasonic”), an Israeli corporation with a place of business in Tel Aviv, filed a patent infringement action on September 30, 2014 against Solar Goes Green, LLC (“Solar”), an Indiana corporation, with a...more

Enforcement of Arbitration Award by Equitable Execution over Foreign Assets

In Cruz City Mauritius Holdings v Unitech Ltd & ors [2014] EWHC 3131 (Comm), 2 October 2014, Males J allowed the application of the claimant for the appointment of receivers by way of equitable execution over the foreign...more

Commission publishes Private Antitrust Damages Directive

On 5 December 2014 the Commission’s Directive on rules governing actions for damages for infringements of competition law (the Damages Directive) was published. Member States will now have two years plus twenty days (until...more

New EU Directive Promoting Antitrust Damage Claims

Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful...more

December 2014: Securities and Structured Finance Litigation Update

Recent Cases Signal That Victims of Terrorist Attacks May Be Able to Collect Damages from Financial Institutions. A pair of decisions from the United States Court of Appeals for the Second Circuit and United States District...more

Global HR Hot Topic—December 2014: Overseas Business Travel Liability and the Duty of Care in Times of Ebola

As of late 2014, the United States faced no Ebola pandemic whatsoever. The odds of catching Ebola in an American workplace remained statistically zero. Only a handful of Ebola cases had made their way to the United States,...more

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