Public Interest

News & Analysis as of

District Court Grants Indicative Ruling to Vacate Judgment Based on Settlement of the Parties

In this patent infringement action, the parties reported that they had settled their dispute while it was pending before the Federal Circuit. The settlement was contingent upon the district court's granting an indicative...more

A transatlantic consideration of recent developments in corporate self-reporting

More carrot, less stick? On 5 April 2016, the Fraud Section of the US Department of Justice’s (DOJ) Criminal Division issued an Enforcement Plan and Guidance (the DOJ Guidance), setting out the steps that it is taking to...more

Medical Non-Competes in Rhode Island: No Clean Bill of Health

The Rhode Island Superior Court recently refused to enforce a non-compete agreement against a local physician because it was against the public interest. Medicine and Long Term Care Associates, LLC v. Khurshid, PC 2015-0458,...more

Copyright Injunction Covers Vancouver Aquarium Video

The Vancouver Aquarium brought an injunction application to stop the online publication of a critical video entitled “Vancouver Aquarium Uncovered”, which used the Aquarium’s copyright-protected materials in a “derogatory...more

The sky’s the limit…

What would you do if; - ..your property development business had obtained planning permission to construct a 62 storey tower comprising 200,714 sq.m; ..you had secured funding in principle to commence the...more

Right of Publicity Claim over Straight Outta Compton Gets Kicked Straight Outta Court

In August 2015, the film Straight Outta Compton was released. It’s a biopic about the struggles of several young African American males who formed the musical group “N.W.A.” back in the 1980s. ...more

The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs

In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using...more

“Citizen Suits” Under China’s Revised Environmental Protection Law: A Watershed Moment In Chinese Environmental Litigation?

A little over a year ago, on January 1, 2015, China’s amended Environmental Protection Law (“EPL”) went into effect, representing a significant aspect of China’s concerted effort to place greater emphasis on environmental...more

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Waterbury hydro need and economics

A recent order issuing a new hydropower license to Green Mountain Power Corporation's Waterbury Hydroelectric Project sheds insight into the project's operations and economics. The Waterbury project is located at a dam...more

FERC relicenses Waterbury hydro project

More than 16 years after Green Mountain Power Corporation applied to the Federal Energy Regulatory Commission for a new license to continue operation and maintenance of its Waterbury Hydroelectric Project on the Little River...more

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the...

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more

US China Trade War – Dueling US China Antidumping Cases, China’s NME Status, TPP, Aluminum and Congress Failure to let TAAF Fix...

I have been in China for two weeks working on the Solar Cells and Steel Sinks cases. This is an abbreviated February newsletter, which will cover trade and trade policy, including the new trade cases filed in the United...more

Consultation Launched on Corporate Social Responsibility

The European Commission is currently consulting on how large public-interest entities should disclose environmental and other non-financial information, as required by Directive 2014/95/EU Corporate Social Responsibility...more

China Progresses with Increased Environmental Accountability for Industry and Government Authorities

This January, China’s Supreme People’s Procuratorate (SPP), the country’s most senior prosecution and investigation authority, issued a statement analysing the initial six months of its pilot programme launched in July 2015,...more

ClientEarth loses court challenge and is denied access to documents on EU environment policy

The EU General Court recently issued a judgment finding that the Commission was justified in refusing to grant ClientEarth access to documents. The importance of this case is that it again shows there are clear limits to the...more

Liability of Regulators for Negligence

Salehi v. Association of Professional Engineers of Ontario, 2015 ONSC 7271 (CanLII) (Ont Sup Ct), claim of regulatory negligence during registration struck on basis of no private law duty of care - Mr. Salehi, a foreign...more

Are We Witnessing A Pushback By Courts To Anti-SLAPP Motions?

As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?...more

Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more

The Latest "Trojan Horse" in The Judicial War on The Deliberative Process Privilege

In a decision issued December 21, 2015 (Caldecott v. Superior Court of Orange County (Newport- Mesa Unified School District)), the California Court of Appeal ruled that a former school district employee is entitled to records...more

Recent Buy America Developments

At the end of 2015, two modal administrations of the United States Department of Transportation (US DOT) have encountered changes to their Buy America programs. Both the Federal Transit Administration (FTA) and the Federal...more

Will Newspapers Evolve as Nonprofits?

Saying newspapers have struggled over the past decade – even longer, really – will shock no one. Readership and print advertising have declined precipitously in the face of digital competition....more

Checklist: Does the Anti-SLAPP Statute Apply?

An anti-SLAPP motion to strike is generally available when one of the causes of action in a case is based on an act of a person in furtherance of the person’s constitutional right of petition or free speech in connection with...more

Another Court Imposes a “Public Interest” Requirement for anti-SLAPP motions

After my post on the Vermont Supreme Court’s decision, requiring all motions under Vermont’s anti-SLAPP statute to be based upon speech made in connection with an issue of public interest, a reader sent me a decision from a...more

Is there a “Public Interest” Requirement for anti-SLAPP Motions?

Does a party moving under the DC anti-SLAPP statute need to show that the claim arises from a statement made in connection with an issue of public interest?  While the text of the DC anti-SLAPP statute suggests the answer is...more

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