The Federal Circuit’s decision in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., has garnered significant attention, especially concerning the application of the “safe harbor” provision under 35 U.S.C. § 271(e)(1)…
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/ Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology
The June 4, 2024 Ninth Circuit Court of Appeals decision in Sidibe v. Sutter Health marks a potential shift in how rule of reason antitrust cases are approached and adjudicated. The opinion underscores the significance of…
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/ Antitrust & Trade Regulation, Business Torts, Consumer Protection, Health
In the first part of this article, we discussed why we need experts in international arbitration, how to find the right expert to instruct, and some practical guidance on how to work with experts for the best results. In this…
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/ Alternative Dispute Resolution (ADR)
Although Google fought tooth and nail against it, a win for an underdog video game developer means the Google Play Store could likely soon look a lot different for Android users. Google met its match in December when Epic Games,…
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/ Antitrust & Trade Regulation, Civil Procedure, Science, Computers, & Technology
Experts can make or break a case. In this two-part article, we consider how to get the best results at trial looking at the why, the who and the how of working with experts…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, International Law & Trade
Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to the…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade
In this article series, we look at key arbitration related decisions from the past year and draw out the key lessons for users of arbitration.
Arbitral awards are rarely set aside by national courts but the 2023 English…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade
The New York Court of Appeals recently endorsed the trial court’s discretion to grant leave to amend a complaint under CPLR 3025 (b), holding that when the appellate court dismisses the plaintiffs’ complaint without prejudice,…
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/ Business Organizations, Civil Procedure
The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law…
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/ Civil Procedure, Law Practice Products & Services
Earlier this month, in Herrera v. Cathay Pacific Airways Ltd., a divided Ninth Circuit panel reversed the district court’s order denying Cathay Pacific Airways Ltd.’s motion to compel arbitration of a putative class action…
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/ Alternative Dispute Resolution (ADR)
Earlier this month, President Biden announced the formation of a “Strike Force on Unfair and Illegal Pricing.” This strike force will be an interagency group co-chaired by the FTC and DOJ. President Biden stated the group will…
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/ Antitrust & Trade Regulation, Health
Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a dispositive…
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/ Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology
An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own…
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/ Alternative Dispute Resolution (ADR), Intellectual Property
The Federal Trade Commission’s Bureau of Competition and the Department of Justice Antitrust Division released a joint statement reiterating document preservation obligations for companies and individuals that are the subject of…
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/ Civil Remedies, Communications & Media Law, Criminal Law, Privacy
On March 4, 2024, the California Supreme Court ruled in Niedermeier v. FCA that consumers forced to trade in or sell their defective vehicles due to a manufacturer’s failure to comply with the Song-Beverly Consumer Warranty Act,…
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/ Civil Procedure, Consumer Protection
