General Business Civil Procedure Civil Remedies

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Did The Judge’s Ruling Truly Decimate The Defendant’s Contention?

Yesterday’s post concerned Justice M. Kathleen Butz’ recent holding in Yee v. Am. Nat’l Ins. Co., 2015 Cal. App. LEXIS 257 (Cal. Ct. App. 2015).  The case involved the California Controller’s attempt to examine the records of...more

Supreme Court Explains Again The Limits Of The Fair Dealing Covenant

This is yet another Supreme Court decision marking the bounds of the covenant of good faith and fair dealing. The covenant is not to be used to modify the terms of a contract, to add terms the parties chose to not include or...more

Removal of Arbitrator for Impartiality Doubts under English Arb Act

In Sierra Fishing Company and others v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English Court removed an arbitrator under section 24 of the Arbitration Act 1996. Under that provision, a party to an arbitration...more

If Receiver’s Sales Aren’t Foreclosures, What Are They?

When no statute specifically authorizes a court-appointed receiver to sell real property, what type of sale is it? The Supreme Court of Nevada recently addressed this question, holding that “a receiver sale of real property...more

Gotta Dance? Apparently Not -- A Biosimilar Update

United States District Judge Seeborg of the Northern District of California denied Amgen's motion for a preliminary injunction today in the Amgen v. Sandoz case, thereby paving the way for the marketing of the first...more

Locating Time Frames for the Hypothetical Negotiation

In determining a reasonable royalty for patent infringement damages, district courts often use the hypothetical negotiation analysis: that is, what is the royalty rate that the patent owner and the infringer would have agreed...more

Proving Your Business Income Loss: Defeating Insurance Company Challenges to Policyholder Evidence

Courts commonly observe that the purpose of Business Interruption or Business Income insurance is to put the policyholder in the same position it would have been in had there been no interruption. The Business Interruption...more

Solicitor General Argues that Antitrust Principles Do Not Warrant Overturning Brulotte

On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more

Are Restrictive Covenants in Sale Agreements Enforceable?

The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45)....more

Delaware (again) proposes sledgehammering fee-shifting bylaws

As part of the annual update cycle for Delaware’s General Corporations Law (DGCL), the Delaware Bar has returned to last year’s controversy on fee-shifting provisions in bylaws and certificates of incorporation to propose,...more

Injunction in Aid of Class Action Settlement Addressed by Seventh Circuit

Defendants who are defending multiple class actions involving the same issue in different jurisdictions can sometimes be faced with a quandary when they want to settle....more

Sweet Ending for Plaintiffs in Food Labeling Class Action Against Ghirardelli

A California district court certified a Rule 23(b)(3) food labeling class action against chocolatier Ghirardelli and approved a proposed settlement. The genesis of Plaintiffs’ claim is that defendant mislabeled its “White...more

3 New Developments in Whistleblower Retaliation (Hint: Preventing Retaliation Takes More Than an Anonymous Whistleblower Hotline)

I find the ethics and compliance industry full of paradoxes. First, it has a reputation for being dry, dull… full of ‘heretofores’ and ‘thou-shall-nots’. But I think it’s anything but dull. Whistleblowers, bribery,...more

Harrison Decision: Cabot Oil Denied Equitable Extension of Oil and Gas Lease

The decision marks another departure by the Pennsylvania Supreme Court from “mainstream” oil and gas jurisprudence. On February 17, the Pennsylvania Supreme Court (the Court) unanimously ruled that state law does not...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

Insurance Act 2015 Changes To Disclosure And Warranties

On 12 February 2015 the Insurance Act 2015 received royal assent. The Act makes important formal changes to the centuries-old laws of disclosure and warranties in insurance contracts. ...more

New Jersey Supreme Court Upholds “Fairly Debatable” Standard for Establishing Insurer Bad Faith for Uninsured Motorist Coverage

In a pair of recent decisions addressing first-party claims for uninsured motorist coverage , Wadeer v. N.J. Mfrs. Ins. Co., A-48-12, 2015 N.J. Lexis 132 (N.J. Sup. Ct. Feb. 28, 2015) and Badiali v. N.J. Mfrs. Ins. Group,...more

Commercial Lease “Co-Tenancy” Clauses: Unconscionable, Penalty, or Enforceable?

When a court of appeal announces that it is tackling a new commercial lease issue for the first time ever in a published decision, it’s wise to pay attention....more

U.S. Supreme Court’s Decision in Direct Marketing – Out of State Retailers may be in for a Shock!

The U.S. Supreme Court has ruled in one of the three state and local tax cases argued in this term - Direct Marketing Association v. Brohl, 575 U.S. __(2015) At first glance, the Court’s ruling adds clarity to the Tax...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

U.S. Supreme Court Holds DMA’s Action Is Not Barred By Tax Injunction Act

The U.S. Supreme Court unanimously held that the Tax Injunction Act does not bar Direct Marketing Association’s federal court challenge to Colorado’s sales and use tax notice and reporting requirements....more

Court considers the documents required to be supplied in support of a demurrage claim under BPVOY4

Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd [2015] EWHC 318 (Comm) - Owners and Charterers had entered into a voyage charter on the BPVOY4 form. The charter contained the following provisions: -Clause 19.7.1:...more

Blog: In Re Numoda Corporation Shareholders Litigation: Delaware Court Addresses The New Delaware Ratification Statutes

A recent Delaware opinion, In Re Numoda Corporation Shareholders Litigation, decided on January 30, 2015, appears to be the first opinion to resolve questions under the new Delaware statutes, Sections 204 and 205, which...more

Must a Company Reveal Trade Secrets to Prove Trade Secret Theft

When you learn a former employee has stolen your trade secrets to take them across the street to benefit a competitor, your quickest remedy is to sue him and try to shut him down through an injunction. Oftentimes, the new...more

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