Jurisdiction

News & Analysis as of

Federal Circuit Review | March 2015

Patent Office’s Decision To Institute IPR Not Reviewable - In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more

Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus....more

Provider Reimbursement Review Board Issues First Favorable Jurisdictional Decision Following May 2014 Alert 10 Announcement

On March 19, 2015, the Provider Reimbursement Review Board (Board) issued a decision in which it accepted jurisdiction over an appeal in which an Ohio hospital sought to add to its Medicare DSH calculation inpatient days that...more

Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct

On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which...more

FTC Focuses on Emerging Technologies Amid Congressional Efforts to Expand Data Security Enforcement

Monday the Federal Trade Commission’s (FTC) Bureau of Consumer Protection (BCP) announced the creation of the Office of Technology Research and Investigation (OTRI), a new initiative focused on consumer protection in emerging...more

March Madness for Foreign Companies: Supreme Court asked to resolve Circuit Split on Reach of FTAIA

The Supreme Court has been urged to resolve a circuit split concerning the reach of the Foreign Trade Antitrust Improvements Act (FTAIA) to foreign conduct that may affect U.S. commerce. Motorola this week filed a petition...more

The Class Action Chronicle - Spring 2015

In This Issue: - Nexium and the Problems of Overbroad Class Actions - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to Strike/Dismiss...more

Texas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”

In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the...more

US giants in trouble with new EU privacy rules

The European Council approved the “one-stop-shop” privacy rule which might cause relevant issues to companies operating in different EU countries, including large American Internet and technology companies, where separate...more

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

Court Rejects Kentucky Wage-Hour Representative Actions

The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court...more

Gavel to Gavel: Rulings could limit jurisdiction

“Can we be sued there?” Our firm’s business clients ask this question frequently. Lawyers and courts have debated the answer for decades. Jurisdiction over a corporation can be complicated, especially for companies that...more

NLRB Jurisdictional Ruling Clears Path for Unionization of Religious Schools

A National Labor Relations Board (“NLRB”) Regional Director recently issued a ruling that could clear the way for more unionization of faculty members at private, religious schools. The Regional Director for NLRB Region 19...more

Starting a Hedge Fund in 2015

Hedge funds are well into the transition from bastions of alternative investment to being accepted into the mainstream investment marketplace. It is now estimated that global hedge fund assets under management amount to in...more

USCIS Resumes Processing of H-2B Petitions

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Essentially, in Perez v. Perez, No....more

Highlights from the Admiralty Law Institute

The 25th Biennial Admiralty Law Institute kicked off with great success on March 11, 2015. Informative presentations continued on March 12-13, building on the theme of this year’s conference, “Symposium on Maritime Personal...more

Court Decides Dissolved Corporation “Still Exists”

Some may view dissolution as the final curtain for a corporation and its shareholders.  But unlike mere mortals, a corporation does not strut and fret its hour upon the stage and then is heard no more....more

Litigant Consent and the Power of the Bankruptcy Court

The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is “whether...more

Delaware (again) proposes sledgehammering fee-shifting bylaws

As part of the annual update cycle for Delaware’s General Corporations Law (DGCL), the Delaware Bar has returned to last year’s controversy on fee-shifting provisions in bylaws and certificates of incorporation to propose,...more

OSC Affirms Breadth of Inter-Jurisdictional Enforcement Power, Limits on Sanctions in Conrad Black Case

The recent decision in Re Conrad M. Black et al. illustrates how the Ontario Securities Commission (OSC) will use its inter-jurisdictional enforcement authority to impose sanctions relating to conduct in other jurisdictions...more

Cyprus becomes “Equivalent Jurisdiction” under Cayman Money Laundering Regulations

On 21 November 2014 the Cayman Islands gazetted an amendment to the Money Laundering Regulations (Regulations) to include Cyprus in the Third Schedule to the Regulations which lists countries and territories with equivalent...more

Financial Action Task Force Publishes Updated List of Deficient Jurisdictions

On February 27, the Financial Action Task Force (FATF), which is an inter-governmental body established to set standards and promote effective implementation of legal, regulatory and operational measures for combating money...more

Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015

One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more

Please Shut the Gate: High Court Decision on Important Jurisdictional Gateway

The English Civil Procedure Rules specify a number of “jurisdictional gateways” by which a foreign defendant may be brought within the jurisdiction of the English courts under the so-called common law rules. Amongst these is...more

Why the FTC Can Go After Companies For Insufficient Data Security Allegations

The FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, it had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley...more

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