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Motion to Dismiss De Novo Standard of Review

McDermott Will & Emery

Just How Similar Must Competing Marks Be to Survive Dismissal?

McDermott Will & Emery on

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Wins Statute of Limitations Fight in Market Manipulation Enforcement Case, But Uncertainty Remains

On January 4, 2019, the United States District Court for the District of Maine handed the Federal Energy Regulatory Commission (FERC or “the Commission”) a victory in FERC v. Silkman, a long-running market manipulation...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Hands FERC Procedural Victory in Market Manipulation Enforcement Case While Confirming Statute of Limitations is a...

On September 24, 2018, the U.S. District Court for the Eastern District of Virginia denied defendants’ motion to dismiss the Federal Energy Regulatory Commission’s (FERC or “the Commission”) complaint in FERC v. Powhatan...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Upholds FERC’s Expansive Use of Anti-Market Manipulation Rule in Power Market “Gaming” Case

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an order substantially denying defendants’ Motion to Dismiss the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Complaint...more

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