Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
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
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
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
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
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
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
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
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
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
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
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
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
Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more
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
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
In This Issue:
- Whistleblower protections and in-House Counsel
- The Dodd-Frank Act
- The False Claims Act
- Common Law Wrongful Discharge Claims
- The Ethical...more
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
In this presentation:
- Update January 15, 2013 Presentation.
More investigation notices, more lawsuits filed, more decisions reached.
Trends are becoming more apparent in hindsight.
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
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
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
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
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
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
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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