Quinn Emanuel Urquhart & Sullivan, LLP

865 S. Figueroa St., 10th Floor
Los Angeles, CA 90017, United States

  • 213-443-3000

Business Litigation Report -- August 2014

In This Issue: - Main Article: ..Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery - Noted With Interest: ..Delaware Court Finds Password…more
| Civil Procedure, Electronic Discovery, Immigration Law, Insurance, Intellectual Property

August 2014: ITC Litigation Update: ITC Tightens Domestic Industry Requirement for Licensors After Recent Federal Circuit Decisions: Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing Same, Inv. No. 337-TA-841 (Jan. 2014).

ITC Tightens Domestic Industry Requirement for Licensors After Recent Federal Circuit Decisions: Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing Same, Inv. No. 337-TA-841 (Jan…more
| Civil Procedure, Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

August 2014: EU Litigation Update

English Court of Appeal Confirms Extra-Territorial Reach of Contempt Proceedings Against Foreign Company Directors: Dar Al Arkan Real Estate Development Co. and Another v. Al Refai and Others [2014] EWCA (Civ.) 715, [2014] WLR…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, International Law & Trade

August 2014: Insurance Litigation Update

No Longer on the Hook for Indemnity: NY Court of Appeals Reverses Decision That Held Insurers Liable to Indemnify Where They Wrongly Refused to Defend a Claim. In a decision last year in K2 Investment Group, LLC v. American…more
| Civil Procedure, Commercial Law & Contracts, Insurance, International Law & Trade

Delaware Court Finds Password Protection for Electronic Documents Insufficient to Preserve Trade Secrets

Key questions in most trade secret cases are whether information was misappropriated and whether that information qualified as a trade secret in the first place. Under the Uniform Trade Secrets Act’s definition of a trade…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery

The escalating cost of discovery compliance is especially frustrating for non-parties who are subpoenaed for evidence allegedly relevant to litigation in which they have no stake. Responding to a broad subpoena may require…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Business Litigation Report -- July 2014

In This Issue: - Main Article: ..The Uniform Trade Secrets Act: Differences from the Common Law and from State to State - Noted With Interest: ..Enforceability of Settlement Terms in California…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Securities Law

The Uniform Trade Secrets Act: Differences from the Common Law and from State to State

Recently, Texas adopted the Uniform Trade Secrets Act (“UTSA” or “the Act”), with some minor modifications, S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013), becoming the 47th State (plus Washington, D.C. and Puerto Rico) to do…more
| Commercial Law & Contracts, Intellectual Property

Enforceability of Settlement Terms in California Courts

California’s public policy has long been to encourage settlement over litigation in the interests of efficiency and economy for the courts and for the parties involved. See, e.g., Kaufman v. Goldman, 195 Cal. App. 4th 734, 745…more
| Civil Remedies, Commercial Law & Contracts, Finance & Banking

July 2014: Securities and Structured Finance Litigation Update

U.S. Supreme Court to Review Tolling of Securities Act Claims. In Police & Fire Retirement System of the City of Detroit v. IndyMac MBS, Inc. 721 F.3d 95 (2d Cir. 2013) (“IndyMac”), the Second Circuit addressed the reach of the…more
| Civil Procedure, Finance & Banking, Securities Law

July 2014: Bankruptcy and Restructuring Update

Intellectual Property Licenses in Bankruptcy—Uncertainties Remain Following the Eighth Circuit’s En Banc Decision in Interstate Bakeries. The bankruptcy of a party to an intellectual property license presents serious challenges…more
| Bankruptcy, Commercial Law & Contracts, Intellectual Property

July 2014: Copyright Litigation Update

Courts Take More Expansive View of Copyright Fair Use. Due to increasing globalization and constant advances in technology, there exists today an unprecedented level of access to copyrightable material, which in turn has led to…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Securities Law

Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer

Companies that have valuable assets but also face significant liabilities will sometimes engage in restructurings to isolate, or “ring-fence,” the good assets from the liabilities. Often the companies are able to accomplish…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking, Business Torts

The Scope of Copyright Protection over Sherlock Holmes Characters Is Far from “Elementary”

The copyright clause of the U.S. Constitution incentivizes the creation of original works of art by granting authors exclusive rights in such works for “limited Times.” U.S. Const. art. I, § 8, cl. 8. The idea is to strike a…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property
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Areas of Practice
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