Injunctions

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth...

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/22/2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more

Wielding A Scalpel, Court Grants Injunction In Favor Of Surgical Instrument Manufacturer

by Gary Mouw | Varnum LLP on 5/20/2013

Headquartered in Kalamazoo, Michigan, Stryker Corporation is a manufacturer of surgical instruments, including image guided "navigation software and hardware" that enables surgeons to precisely insert implants or perform...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Patent Watch: Versata Software, Inc. v. SAP Am., Inc.

by Lawrence M. Sung | BakerHostetler on 5/7/2013

On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more

Federal Courts Can Enjoin State Court Litigation Of Arbitrable Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/3/2013

In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or...more

Franchising Newsletter – April 2013

by Kathy Dalton, Murray Deakin, Sam Jackson, J. Michael Keyes, Michaela Moloney, Sylvia Ng, Chris Nikou, Anna Trist | K&L Gates LLP on 5/2/2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

by Jeff Ifrah on 4/23/2013

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are...more

Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/18/2013

More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act. ...more

Cyprus: To Litigate or Not to Litigate?

by Pavlos Aristodemou | Harney Westwood & Riegels on 4/17/2013

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

by David Henry, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 4/11/2013

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

Remedies of a Commercial Landlord

by Matthew J. Wilson | Lerners LLP on 4/2/2013

If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s...more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Kallick v. SandRidge Energy, Inc., C.A. No. 8182-CS (Del. Ch. Mar. 8, 2013) (Strine, C.)

by Potter Anderson & Corroon LLP on 3/29/2013

In this opinion, the Court of Chancery granted a stockholder of SandRidge Energy, Inc. (“SandRidge” or the “Company”) injunctive relief after concluding that defendant-directors of SandRidge likely violated their fiduciary...more

Attacks on Proxy Statement Compensation Disclosure: An Update on the Gathering Storm

by Lawrence D. Levin, William M. Regan, Jennifer Ryan, Richard Zelichov | Katten Muchin Rosenman LLP on 3/27/2013

In this presentation: - Update January 15, 2013 Presentation. More investigation notices, more lawsuits filed, more decisions reached. Trends are becoming more apparent in hindsight. - Say-on-pay. -...more

Advertising Law -- Mar 21, 2013

by Manatt, Phelps & Phillips, LLP on 3/22/2013

In This Issue: Manatt Advertising Litigation Team Twice Defeats Efforts to Enjoin TurboTax Television Commercials; Sen. Rockefeller Tries Again with Do Not Track; NAD: Price Match Offer by Toys “R” Us Needs a Change;...more

Board Enjoined from Impeding Hostile Consent Solicitation Without First Approving Rival Director Slate under Credit Agreement...

by Michael O'Bryan, Jeffrey Silver | Morrison & Foerster LLP on 3/18/2013

The Delaware Chancery Court recently enjoined a board of directors from impeding a stockholder’s solicitation of written consents to replace the board, unless the board first approved the stockholder’s nominees for purposes...more

Kardashians Caught Without Makeup, But Not The Way You’d Expect

by Brent Lorentz | Winthrop & Weinstine, P.A. on 3/15/2013

For those of you that came looking for pictures of Kim without face paste, this isn’t your post. (Try this one. Yikes.) But if you’re interested in trademarks and the cult of personality, read on....more

Federal Court Grants Injunction Against A.C. Widenhouse in EEOC Race Harassment Cast

by U.S. Equal Employment Opportunity Commission... on 3/11/2013

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WINSTON SALEM, N.C. - Following on the heels of a legal victory for the U.S. Equal Employment...more

FSA not required to compensate banks for damages caused by wrongly granted injunctions

by John Reynolds | White & Case LLP on 3/7/2013

The Supreme Court last week issued its judgment in The Financial Services Authority v. Sinaloa Gold plc (and others) and Barclays Bank plc1. The decision confirms that, whereas private parties seeking an injunction must...more

The Balance Of Convenience In Applications For Interlocutory Injunctions: Embertec Pty Limited v Energy Efficient Technologies Pty...

by Ronelle Geldenhuys | Freehills Patent Attorneys on 3/5/2013

Embertec and Energy Efficient Technologies (EETECH) are competitors in the market for the sale and supply of standby power controllers (SPCs). On 14 August 2012 Embertec applied for an interlocutory injunction based on a...more

Trade Secrets Injunction Order Demonstrates Difficulty of Balancing Competing Interests

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/4/2013

One of the more difficult aspects of trade secrets law is determining how long to enjoin competitive conduct that infringes trade secret rights of the owner....more

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