Commercial Law & Contracts

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania
Appeal Trial Court - What To Do When a Party Loses or is Unhappy with a Decision Made by the Trial Court - Kathi Sandweiss discuss
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy

April 2013: Life Sciences Litigation Update: Will the Supreme Court Resolve Circuit Split on Settlement of ANDA Disputes?

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/5/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more

McAfee & Taft tIPsheet - March 2013: Is your trade secret safe with me? Trade secrets and the federal Freedom of Information Act

by Rachel Blue | McAfee & Taft on 3/8/2013

Most states have adopted some version of the Uniform Trade Secrets Act, which is designed to prevent the disclosure of trade secrets. FOIA, or the Freedom of Information Act, allows individuals to access records collected by...more

Eighth Circuit Rules That a “Perpetual” Trademark Licensing Agreement Is an “Executory” Contract Subject to Rejection Under...

by Casey Servais | Cadwalader - Financial Restructuring on 11/20/2012

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under...more

Twenty-Six Years Later, a Lubrizol Split by the Seventh Circuit

by Cadwalader - Financial Restructuring on 11/2/2012

Chief Judge Frank Easterbrook of the Seventh Circuit recently created a split of authority regarding the rejection intellectual property licenses in bankruptcy by upholding a decision protecting a trademark licensee’s ability...more

Permanent Injunctions and The Erie Problem

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/26/2012

God help us all! I am discussing the Erie v. Tompkins case from 1938. This was like the fourth most annoying case from law school, and I thought I left it once and for all in Champaign, Illinois in 1997....more

Amici File Briefs Supporting Certiorari in K-Dur Case -- Part II

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/11/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), the Washington Legal Foundation, self-described as...more

Amici File Briefs Supporting Certiorari in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/9/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), two "public interest" groups have also filed amicus...more

GPhA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/4/2012

The Generic Pharmaceutical Association (GPhA) filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Characterizing the issue as being "profoundly...more

Urging Supreme Court Review of Antitrust Challenges to Patent Settlements Between Pharmaceutical Companies

by Dechert LLP on 10/2/2012

Dechert LLP submitted an amicus brief to the Supreme Court of the United States on behalf of the Washington Legal Foundation urging the Court to review the Third Circuit’s decision in In re K-Dur Antitrust Litigation. K-Dur...more

"Rejection of Perpetual, Royalty-Free, Exclusive Trademark License Permitted by Eighth Circuit Ruling: Lewis Brothers Bakeries...

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/1/2012

The U.S. Bankruptcy Code generally limits a Chapter 11 debtor-licensor’s ability to reject intellectual property licenses, but trademark licenses are not subject to such limitations. Trademark license agreements that are...more

PhRMA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 9/27/2012

The Pharmaceutical Research and Manufacturer's of America (PhRMA) have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Not surprisingly,...more

Merck Asks Supreme Court to Review Third Circuit K–Dur Decision

by McDonnell Boehnen Hulbert & Berghoff LLP on 8/29/2012

Last month, the Federal Trade Commission accomplished a decade-long goal: getting a Federal Circuit Court of Appeal (the 3rd Circuit) to support its position that so-called "reverse payments" (also known as "pay-for-delay"...more

Third Circuit Provides Friendly Environment for FTC and Plaintiffs Challenging Certain Patent Litigation Settlements

by Bradley Arant Boult Cummings LLP on 8/15/2012

Originally published on The National Law Review. On July 16, 2012, the U.S. Court of Appeals for the Third Circuit announced its decision in In Re K-Dur Antitrust Litigation, a case involving so-called "reverse payment"...more

Third Circuit Creates Reverse Payments Split among the Circuits

by Proskauer Rose LLP on 7/26/2012

Rejecting the test established by three separate courts of appeal, the Third Circuit's recent decision in In re K-Dur Antitrust Litigation has created a circuit split regarding the legality of, and application of antitrust...more

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

by Pillsbury Winthrop Shaw Pittman LLP on 7/25/2012

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more

Third Circuit Breathes New Life into FTC Efforts to Block Pharmaceutical Patent Settlements

by Wilson Sonsini Goodrich & Rosati on 7/25/2012

The antitrust debate over the legality of "reverse payment" or "pay-for-delay" pharmaceutical patent settlements has raged on for over a decade. Last week's K-Dur decision has pushed this debate to the boiling point, as the...more

Seventh Circuit Allows Trademark Licensees to Continue Using License After Rejection of Licensing Agreement

by Dechert LLP on 7/18/2012

The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, recently issued a decision that holds contrary to the only other court of appeals that has addressed the issue —...more

Scandalous trademarks, same-sex divorces, contracts and more!

by Neil Guthrie on 3/15/2012

A summary of recent developments in the law you may find interesting or relevant -- or both....more

BLG Monthly Update for February 2012

by Neil Guthrie on 2/14/2012

Flying body parts, kitty litter and some neat contracts cases: all this and more in the BLG Monthly Update for February 2012...more

Pennsylvania District Court Denies Motion to Dismiss and for a More Definite Statement

by Katten Muchin Rosenman LLP on 12/22/2011

Plaintiff Kimberton Healthcare Consulting, Inc. d/b/a DialysisPPO (DPPO), a provider of benefits consulting services, brought an action alleging breach of contract, violation of the Pennsylvania Uniform Trade Secrets Act...more

9th Circuit: California Idea-Submission Claims Not Preempted by Copyright Act

by Davis Wright Tremaine LLP on 6/2/2011

The 9th Circuit giveth and the 9th Circuit taketh away. Last year, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit breathed life into copyright preemption as a defense to idea-submission claims under...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - May 18, 2011

by Loeb & Loeb LLP on 5/19/2011

Table of Contents •Harney v. Sony Pictures Television, Inc. •Forest Park Pictures v. Universal Television Network, Inc. Harney v. Sony Pictures Television, Inc., USDC D. Massachusetts, May 12, 2011 •District...more

DIFC Courts

by Jane Lambert on 1/7/2011

The governments of the United Arab Emirates and Dubai have established a free zone for financial services in Dubai known as the Dubai International Financial Centre ("the DIFC") in the hope that it will become a major...more

China Promulgates Specific Conflict Law Governing Foreign-Related Civil Relations

by McDermott Will & Emery on 12/29/2010

The enactment of this new law is intended to upgrade and systematise the existing Chinese conflict laws, in order to help parties to international civil and commercial transactions choose the proper governing laws, and to...more

The Empire Strikes Back: Recent UK Decision Highlights Uncertainties in Protecting and Enforcing IP Rights Abroad

by Ryan Siney on 12/6/2010

A recent UK decision highlights the difficulties in protecting and enforcing intellectual property rights outside the United States....more

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