Elections & Politics Civil Procedure

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Irrigation District Sues, Says State Board Lacks Jurisdiction to Curtail Senior Water Rights

On June 26, the Byron-Bethany Irrigation District (BBID) filed a petition for writ of mandate in Contra Costa County Superior Court requesting that the Court set aside the State Water Resources Control Board’s June 12, 2015...more

Blog: What States Should Know About Breach Of Fiduciary Duty

Who can be sued? In England and other common law countries a civil claim for breach of "fiduciary duty" can usually be made against senior public officials involved in corruption. When does it apply? A claim for...more

Delaware House of Representatives Bars Fee-Shifting Provisions but Approves Forum-Selection

There has been considerable interest over the last year about whether a fee-shifting provision in the charter or bylaws of a Delaware corporation is enforceable. On Thursday, June 11, 2015, the Delaware House of...more

Catching-Up On House Judiciary Committee’s Revised Innovation Act

Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more

CFAA and SCA Do Not Prohibit Creation Of A Fake Facebook Page

The defendants in a case pending in Chicago federal court were accused of contravening Facebook’s terms of use by accessing its computers in order to create a phony page and then using it to ridicule someone. In Bittman v....more

Utah Legislative Update: 2015 Water Law Legislation

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Supreme Court Decides Zivotofsky v. Kerry

On June 8, 2015, the U.S. Supreme Court decided Zivotofsky v. Kerry, No. 13-628, holding that the President of the United States has the exclusive power to grant formal recognition to a foreign sovereign. ...more

Back from the Dead: Procedural Changes Coming to CHRO and New Protections for Domestic Workers

So in a post earlier on Friday, I recapped most of the employment law legislation that passed — except one. That bill, Senate Bill 446, was titled “AN ACT CONCERNING THE DEFINITION OF THE TERM “DOMESTIC WORKER”. ...more

Senate Judiciary Committee approves PATENT Act

Thursday, we reported on the manager’s amendments to the Protecting American Talent and Entrepreneurship Act, or “PATENT Act,” a bi-partisan patent reform bill introduced by Senator Leahy and several other Senators. After...more

Appellate Court Confirms that Convicted Felon Cannot Run for School Board Seat

On May 13, 2015, the Illinois Appellate Court’s First District held that the former Board President of an Illinois high school district’s Board of Education was ineligible to fill a vacancy on the board following his previous...more

Privilege for Patent and Trademark Agents

As a result of Bill C-59, when passed, clients will enjoy a statutory privilege in their confidential communications with Canadian patent and trademark agents. This will provide Canadian clients who use patent and...more

Canada Retaliates Against U.S. Country of Origin Labelling Requirements

Since 2008, the Canadian government has challenged country of origin labelling (COOL) requirements imposed by the United States Department of Agriculture (USDA). On May 18, 2015, the World Trade Organization (WTO) Appellate...more

Clean Water Act: New Rule Significantly Expands Reach of Federal Jurisdiction

On May 27, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) finalized the long-anticipated Clean Water Rule. The Rule defines the term “waters of the United States” as used by...more

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

Does the Supreme Court’s latest move further obviate patent reform efforts?

One of the key components of patent reform has been increased disclosure requirements for patent complaints. Patent infringement defendants have long derided the sparsity of information provided by patent infringement...more

Federal Court Rejects Challenge to Contractor Labor Posting Requirements

In 2010, President Obama issued Executive Order 13496 requiring federal contractors to post a new notice of employee federal labor rights. Among other things, the posting advised contractors’ employees of their rights to...more

Fee-Shifting Prohibition Clears a Hurdle

Last week, the Delaware Senate, in response to a prior Delaware Supreme Court ruling, voted to approve legislation that would prohibit corporations from adopting charter or bylaw provisions that shift a corporation’s legal...more

Insurer Wrongfully Passed Sequestration Cuts Through to Providers

A Pennsylvania judge found, on May 6, 2015, that a Medicare Advantage Plan had no right under its participation agreements to pass CMS sequestration reductions through to participating providers. Judge R. Stanton Wettick Jr....more

Delaware Senate Upholds Ban on Fee-Shifting Provisions in Corporate Governing Documents

The Delaware Senate has passed a bill that would amend the Delaware General Corporation Law (DGCL) to prohibit Delaware stock-based companies from adopting bylaws or articles of incorporation that shift legal fees to the...more

Delaware Senate Passes Bill Prohibiting Bylaws on Fee Shifting

Tuesday, the Delaware Senate passed legislation prohibiting publicly-traded corporations from adopting bylaws that force shareholders to pay legal fees if they bring internal corporate claims against the company in court and...more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

SB 75 May Prove To Be Delaware’s Seven Sisters

A century ago, New Jersey was the state in which to incorporate. Long before former Iraqi President popularized the expression “Mother of Battles” (“Um El-Ma’arek“), the famed legal scholar Adolph A. Berle, Jr. bestowed the...more

Bills Propose to Reverse National Labor Relations Board Jurisdictions over Indian Tribal Governments

The National Labor Relations Act (“NLRA”) was enacted by Congress in 1935. The Act, also known as the Wagner Act after its champion, New York Senator Robert F. Wagner, passed the Senate in May 1935, the House in June 1935,...more

CAFA Filings Spike in 2013

On February 18 2005, Congress enacted the Class Action Fairness Act (CAFA), P.L. No. 109-2 (28 U.S.C. §§ 1332(d), 1453, and 1711 – 1715). In enacting the CAFA, Congress sought to protect consumers and investors from...more

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