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General Business Civil Procedure

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Music Performing Rights Organizations and the “Full-Work” vs. “Fractional” Licensing Dispute: Government Seeks to Overturn...

by Brooks Pierce on

On Thursday, the United States filed its brief (link is external)in its appeal of a decision by the district court for the Southern District of New York (link is external), which rejected the US Department of Justice’s...more

State Supreme Courts Continue to Try to Chip Away at FAA Preemption; The United States Supreme Court Is Not Amused

The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended to be the exclusive codified arbitration law in all circumstances. However, the United States...more

Litigation Alert: Supreme Court Announces New Limits on Venue in Patent Cases, Blunting Key Troll Tool

by Fenwick & West LLP on

For the past 27 years, plaintiffs have been able to bring patent-infringement suits against most corporations almost anywhere in the United States. So-called non-practicing entities, also known as patent “trolls,” have taken...more

A New Limit on Patent Litigation Venue

by Stinson Leonard Street on

A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a...more

Supreme Court Unanimously Changes Where Patents May Be Litigated

Monday, in TC Heartland LLC v. Kraft Foods Group Brands, No. 16-341, the United States Supreme Court significantly changed the geography where future patent infringement suits can be filed....more

Caveat Emptor in the Information Age?

by McGuireWoods LLP on

Commercial litigator Brooks Gresham and products liability litigator Trent Taylor bring us some timely thoughts about reliance from a recent decision by the U.S. District Court for the Northern District of California in a...more

Supreme Court Reins in Venue for Patent Cases

by Burr & Forman on

For nearly three decades, patent owners have been able to file patent infringement lawsuits in any court that had personal jurisdiction over the accused infringer. This broad approach to venue led to the rise of remote...more

Intellectual Property Update: U.S. Supreme Court: Patent Infringement Lawsuits Should Be Filed in Defendant’s State of...

by Sherman & Howard L.L.C. on

On May 22, 2017, the United States Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which had held that a claim for patent infringement could be brought in nearly any federal...more

Bid Farewell to Texas...

by Hodgson Russ LLP on

On May 22, 2017, the Supreme Court significantly narrowed where a patent infringement lawsuit may be brought against a United States corporation. In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court agreed...more

Section 1111(b) Election Not Available When Collateral Is Sold Post Petition

by Dechert LLP on

The facts in Salamon are straightforward. Salamon (“Buyer”) purchased real property from Behrend (“Seller”) that was already subject to two liens (the “Preexisting Debt”). Instead of paying cash at closing, the Buyer executed...more

IP Alert: "Supreme Court Restricts Where Patent Suits May Be Filed"

by Porter Hedges LLP on

Yesterday the U.S. Supreme Court tightened the reins on where patent infringement lawsuits may be filed. In a closely watched case, the Court reversed the decades-old Federal Circuit interpretation that permitted patent...more

Third Circuit Permits Limited Discovery On Issue Of Validity Of Arbitration Agreement

by Carlton Fields on

In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank’s motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause was not referenced...more

There's No Place Like Home: SCOTUS Rules on Patent Venue Issue

by Ballard Spahr LLP on

The U.S. Supreme Court yesterday upended the status quo for venue in patent cases. For nearly three decades, with some limitations, corporate patent infringement defendants were deemed to "reside"—and thus venue was proper—in...more

U.S. Supreme Court Says: We Mean It--You Can’t Single Out Arbitration Agreements for Disfavored Treatment

by Foley & Lardner LLP on

On Monday, May 15, 2017, the Supreme Court issued its latest reminder to state and lower federal courts that they must treat arbitration agreements as equally valid as all other contracts. In Kindred Nursing Centers Limited...more

In Landmark Decision, U.S. Supreme Court Limits Patent Venue

by Hogan Lovells on

On May 22, 2017, the Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC on the hotly contested issue of patent venue reform. The patent venue statue provides two grounds for laying venue....more

Reasonable Endeavours and Implied Duties of Good Faith: A Case Update

by Reed Smith on

This alert focuses on clauses in commercial contracts which require a party to use ‘all reasonable endeavours’ and their relationship with the limited implied duty of good faith under English law. We look in particular at the...more

Patent Litigation Development for Manufacturers: U.S. Supreme Court Limits where Corporations can be Sued for Patent Infringement

The United States Supreme Court just limited where corporations can be sued for patent infringement in a case called TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (U.S. May 22, 2017). Manufacturers sued for...more

An 8-0 Decision by the U.S. Supreme Court in TC Heartland v. Kraft Foods Limits Venue Shopping in Patent Suits

Today, May 22, 2017, in the TC Heartland v. Kraft Foods opinion written by Justice Clarence Thomas, the U.S. Supreme Court held that the proper venue for a patent infringement lawsuit is (1) the state of incorporation for the...more

Supreme Court Decides TC Heartland LLC v. Kraft Foods Group Brands LLC

by Faegre Baker Daniels on

On May 22, 2017, the U.S. Supreme Court decided TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, holding that, for purposes of the patent venue statute, 28 U.S.C. § 1400(b), a domestic corporation resides only in...more

Supreme Court Decides Water Splash, Inc. v. Menon

by Faegre Baker Daniels on

On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague...more

Litigation Funding and Its Implications for US and UK Insurers

by Sedgwick LLP on

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be...more

Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,...more

Top 10 Things Defense Lawyers Need to Know About Lack of Good Faith Claims

by Pessin Katz Law, P.A. on

By now, every Maryland defense lawyer knows that there is a cause of action that can be leveled against insurers for lack of good faith. Most even know that this cause of action is based on Md. Code Ann., Cts. & Jud. Proc. §...more

The Inadvertent Settlement Agreement (and How to Avoid it)

The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client, or equally problematic, one that is...more

Liability Coverage Policies: Property of the Estate to Which the Automatic Stay Applies

by Best Best & Krieger LLP on

When a chapter 7, 11, 12 or 13 case is filed, two key items spring into life. The first is a new entity called the bankruptcy estate which is comprised of all of the debtor’s non-exempt legal or equitable interests in...more

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