Article III

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

by Kirk Jenkins | Sedgwick LLP on 4/24/2013

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and...

by Paul Bond, Mark Melodia | Reed Smith on 3/1/2013

In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty...more

In Fontainebleau Appeal, Eleventh Circuit Confirms That Term Lenders Lack Standing To Enforce Revolving Lenders’ Commitments

by Julian Chung, Matthew Craner, Joseph Frank, Jason White | Orrick, Herrington & Sutcliffe LLP on 3/1/2013

Last week, the Eleventh Circuit Court of Appeals held that lenders in syndicated credit facilities do not have standing to enforce the funding commitment that other lenders owe to the borrower in the absence of specific...more

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

by Linda Goldstein | Dechert LLP on 2/20/2013

The United States Court of Appeals for the Second Circuit issued an opinion on February 14, 2013, holding that the civil liability provision of the Anti-Terrorism Act of 1990, 18 U.S.C.§ 2333(a) (the “ATA”) does not permit...more

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

by Craig Hoffman | BakerHostetler on 2/20/2013

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system. Global Payments later disclosed that Track 2 data (card...more

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

by Kevin Bell, Scott Chambers, B. Dell Chism, Richard Oparil | Patton Boggs LLP on 2/11/2013

In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema...more

And After All That Work!: The Dreaded U.S. Supreme Court “DIG”

by Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 2/8/2013

Originally published in The Washington Legal Foundation’s The Legal Pulse, on January 31, 2013. In the last days of the 2011 Term, fresh off its decisions in the Patient Protection and Affordable Care Act cases, the...more

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

by Audrey Aden Doline, Sharon J. Richardson, Michael Stevens | Cadwalader - Financial Restructuring on 1/25/2013

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern...more

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Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and...

In Fontainebleau Appeal, Eleventh Circuit Confirms That Term Lenders Lack Standing To Enforce Revolving Lenders’ Commitments

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

And After All That Work!: The Dreaded U.S. Supreme Court “DIG”

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

A Covenant Not to Sue May Avoid Invalidity Claims

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

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