Injunctions

News & Analysis as of

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

The 4-Hour Plaintiff: Author/Speaker/Podcaster Tim Ferriss Secures Default Judgment

Order Granting In Part And Denying In Part Plaintiffs’ Motion For Default Judgment, Timothy Ferriss, et al. v. Alliance Publishing, Inc., et al., Case No. 15-cv-05675 (Judge Edward M. Chen) - Tim Ferriss is known for...more

Injunction Remanded Against Dismissed Party for Further Fact-Finding

On December 6, 2016, the Federal Circuit remanded, in part, a district court’s grant of a permanent injunction in order to develop additional facts relating to the appropriate reach and scope of the injunction. Asetek Danmark...more

D.C. Court of Appeals Denies Emergency Request to Halt Conflict of Interest Rule and Related Exemptions | Employee Benefits &...

On December 15, 2016, the U.S. Court of Appeals for the District of Columbia Circuit denied the emergency request from the National Association for Fixed Annuities (“NAFA”) for an injunction blocking the implementation of the...more

Extra! Extra! Read All About It! Publication Notice of Claims Bar Date Satisfies Due Process Requirements

In a recent decision involving the adequacy of publication as a means of notice to creditors, the United States Bankruptcy Court for the Southern District of New York reaffirmed the importance of a thorough bar date noticing...more

European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties

Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more

Injunction Against Dismissed Party Remanded to Make Sure it Had its Day in Court

In Asmark Danmark A/S v. CMI USA Inc., [2016-1026, 2016-1183] (December 6, 2016), the Federal Circuit affirmed the district court’s rulings on infringement, invalidity and damages, but remanded as to the injunction insofar as...more

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

Real Property & Title Insurance Update: Weeks Ending November 18 & 25, 2016

REAL PROPERTY UPDATE - Settlement/Waiver: borrowers permitted to raise affirmative defenses and counterclaims against lender where subject Loan Modification Agreement failed to include waiver of claims, affirmative...more

Texas Judge Blocks DOL Persuader Rule with Nationwide Permanent Injunction

On November 16, 2016, a Texas federal judge permanently blocked the U.S. Department of Labor (“DOL”) from enforcing its persuader rule in National Federation of Independent Business, et al. v. Thomas E. Perez, et al., Case...more

Overtime Rule: Court to Decide Request for Injunction by November 22, 2016

The federal district court judge who heard arguments yesterday on the new overtime rule said he intends to rule by Tuesday (Nov. 22) on the motion for preliminary injunction filed by 21 states attorneys general and several...more

Texas Federal Court’s Ruling on Whether to Block New DOL Overtime Rules Expected Soon

On November 16, 2016, a Texas federal judge announced at a hearing that his decision on whether to block the U.S. Department of Labor’s(“DOL”) new overtime rules from taking effect would be made by November 22, 2016. Earlier...more

Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez...more

The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber

From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons with disabilities. ...more

Assessment of damages under a cross-undertaking

The enforcement of a cross-undertaking in damages, provided by a claimant in order to obtain a freezing injunction against a defendant, can mean a substantial liability for a claimant. This ruling illustrates that damages...more

Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection

In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in...more

Plan to Grant Work Authorization to Millions Remains on Hold After Supreme Court Denies Request for Rehearing

On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more

Texas Fiduciary Litigation Update: 2015-2016

The fiduciary field in Texas is a constantly changing area. Over time, statutes change, and Texas courts interpret those statutes, the common law, and parties’ documents differently. This paper is intended to give an update...more

Apotex Prevails in Neulasta Biosimilar Litigation, Files for Cert on 180-Day Issue

Among the first generation of biosimilar litigation under the Biologics Price Competition and Innovation Act (BPCIA) is a dispute between Amgen and Apotex over Apotex’s proposed biosimilar versions of Amgen’s Neupogen...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #4

D. Canadian court recognizes new tort of public disclosure of embarrassing private facts and awards damages totaling $100,000 and issues an injunction against the Defendant. Jane Doe 464533 v. D.(N.), 2016 ONSC 541, per...more

Argentina’s New Leadership and How it Affects Insurance

Following last year’s elections, the political and economic landscape is changing in Argentina. Where new economic opportunities arise, (re)insurance follows. Along with new demand for commercial insurance products, the legal...more

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Sanctions Imposed on Five Attorneys for Class Settlement Forum Shopping

Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse...more

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the...more

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