Civil Remedies Updates

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Federal Circuit Remands Issue of Enhanced Damages for Determination Whether this was an Egregious Case of Misconduct Beyond...

In WesternGeco LLC v. Ion Geophysical Corp., [2013-1527, 2014-1121, 2014-1526] (September 21, 2016), the Federal Circuit, on remand from the Supreme Court after Halo Electronics, Inc. v. Pulse Electronics, Inc., vacated the...more

EU: Injunctions against intermediaries available also in the offline world

The Court of Justice of the European Union (CJEU) recently confirmed that the ability of rightholders to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual...more

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

How Appraisal Protects Against Texas Insurance Code Abuse

Insurance practice in Texas has become somewhat rote. Typically, a petition is filed against both an insurance company (that is often not based or incorporated in Texas) and a local adjuster. In addition to a breach of...more

DOL Overtime Rule Update: Breaking News!!!!!

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more

UK Supreme Court: Fraud Trumps the Finality of Settlements

In a recent decision that can have equal application in the United States, the UK Supreme Court ruled that fraud trumps the public policy arguments of finality and encouragement of settlements....more

Supreme Court Corner: Q3 2016

CASES WE ARE WATCHING - Lee v. Tam TRADEMARK – Cert. Pending Pro-Football, Inc. v. Amanda Blackhorse, et al. TRADEMARK – Cert. Pending ISSUE: Whether the Lanham Act’s disparagement clause violates the...more

Willfulness After Halo: Now What?

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result...more

Copyright and Trademark Case Review: RunDMC, Stem Cells and Pirates

Copyright Opinions - Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) - Wood, J. In a suit alleging copyright infringement through...more

Commercial or Consular? State Immunity Frustrates Enforcement of Arbitral Award

In its recent decision in L R Avionics Technologies Limited v. The Federal Republic of Nigeria & Attorney General of the Federation of Nigeria, the Commercial Court found that that premises owned by Nigeria were not “in use...more

Texas Roadhouse Restaurant, Management Company to Pay $1.4M to Settle EEOC Sexual Harassment and Retaliation Suit

Columbus Restaurant's Manager Subjected Class of Female Employees, Including Teens, to Abuse, Including Pressure for Sexual Favors, Federal Agency Charged - CLEVELAND - The owner/operator and management company for a...more

Maryland Employers: Are You Ready? The Maryland Equal Pay for Equal Work Act Goes Into Effect October 1, 2016

Maryland’s Equal Pay for Equal Work Act (the “Act”) is scheduled to take effect on October 1, 2016. The Act amends Maryland’s existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex...more

Nuclear Liability in the UK: Implementation of the 2004 Protocols

On May 4, 2016, the Nuclear Installations (Liability for Damage) Order 2016 (the “2016 Order”) entered into force in the United Kingdom. The 2016 Order, which implements the 2004 Protocols1 to the Paris Convention and...more

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

Judge Oetken Holds That Forum-Selection Clause in License Agreement Does Not Trump First-to-File Rule Altogether

On September 16, 2016, District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Comcast Corp.’s (“Comcast”) motion for a preliminary injunction seeking to enjoin defendant Rovi Corp. (“Rovi”) from continuing to litigate its...more

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Preliminary Injunction Granted Due to Weakened Invalidity Defense in Light of Inter Partes Review Decision

A judge in the Northern District of California has enjoined a group of defendants from selling a laboratory DNA sequencing machine. The plaintiff first asserted the patent against one defendant in litigation in the District...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

Interim Regulations Issued on Investigations of Evasion of Anti-Dumping and Countervailing Duties

The anti-dumping (AD) and countervailing duty (CVD) laws provide companies that manufacture products in the United States with a remedy for the injury caused by imports of products that are dumped (i.e., sold at unfairly low...more

Stop them in their tracks: key points in seeking a preliminary injunction against medical device infringers

In 2006, the US Supreme Court reversed years of jurisprudence by eliminating the presumption of irreparable harm in patent litigations,1 which previously had resulted in virtually automatic grants of injunctions to prevailing...more

English High Court allows recovery of third party funding costs in ICC arbitration proceedings

The use of third party funding in arbitration has grown significantly in recent years, with many funders now reporting that their portfolio of funded cases is evenly split between litigation and arbitration matters....more

Do You Really Want To Use That Power Of Attorney To Give Yourself Something?

In Georgia, an agent acting under a power of attorney can give himself the principal’s property at the principal’s direction. The Georgia Supreme Court reaffirmed that maxim in Anderson v. Anderson....more

Trendy Shoemaker Cannot Slay the Fashion King

Plaintiff LVL XIII Brands Inc. (“LVL XIII”) must not have heard of the old saying: “Never strike a king unless you are sure you shall kill him.” The New York start-up sneaker company decided to take on fashion king Louis...more

A Fee Apart: The How, When, & Who in Awarding Attorney’s Fees

In a compensable claim, defendants were ordered to pay for prior attendant care services that were performed by plaintiff’s partner. The deputy commissioner approved an attorney fee of 25% of the award of the retroactive...more

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

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