Remedies

News & Analysis as of

"Antitrust and Competition: Trends in US and EU Merger Enforcement"

Merger activity in 2015 was at its highest level in years, and competition authorities in the U.S. and European Union continued to be very aggressive, challenging a number of high-profile deals in court and causing some...more

New EU Directive on the Protection of Trade Secrets to Come

On December 15, 2015, the European Commission, the Council and the European Parliament (EP) reached a full compromise on a new EU directive on the protection of trade secrets ("Directive"). The text of the Directive in this...more

Appellate Division Rules that Town Cannot Use Contract Law Provisions to Recover Taxes

In Town of Amherst v Brewster Mews Hous. Co., Inc and Town of Amherst v. Pepper Tree Hgts. Hous. Co., Inc. (4th Dept. 2015), the Appellate Division held that a taxing jurisdiction could not use contract remedies to recover...more

Infringement Case Shows Difficulty of Protecting Intellectual Property

KFx Medical Corp. filed its patent applications like any startup would and with the same goal: protecting its intellectual property. Sometimes, that’s not an easy thing to do, especially if the infringing company is...more

Law À La Mode - Landmark Case for Counterfeit Goods Infringement in China

In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China’s new trademark law in favor of French-Italian luxury outwear maker...more

State and Local Tax Alert - Deadline to File for Chicago Lease Tax Relief is 1/1/16: Remotely Accessed Software Providers Take...

After a slew of negative publicity and business community backlash in the wake of the June 2015 issuance of Lease Tax Ruling #12, the Chicago Department of Finance has offered relief for prior non-payment of the Chicago Lease...more

Happy Birthday To You: Blow the Candles Out

On two previous occasions, I wrote about the court battle and decision regarding the copyright status of the lyrics to the song, Happy Birthday to You. As noted in my September 2015 post, the U.S. District Court in California...more

So I Got This Letter Claiming Infringement. I Didn’t Even Know the Picture Was Copyrighted . . .

... but now the sender wants a lot of money. What should I do? Did I really stumble into a multi-thousand dollar problem just by using an image I found on the Internet? I’ve heard of patent trolls. Is this some sort of...more

Deed by a Disabled Person is Void, Not Voidable

The Maryland guardianship laws do not fully describe the consequences of a disabled person’s entry into a transaction without the knowledge of their guardian. Is the transaction void or voidable? Is one who advances funds...more

SHE Matters: The Consumer Rights Act 2015

This year has seen the advent of a key new piece of legislation, which has boosted the statutory rights of consumers in the UK. The Consumer Rights Act 2015 (Act), the main provisions of which entered into force on 1 October...more

Mayflower Seafood of Goldsboro, Inc. Sued By EEOC for Sexual Harassment and Retaliation

Female Employee Subjected to Unwanted Sexual Touching, Comments by Male Employees, Then Reduced Work Hours for Complaining About Harassment, Federal Agency Charges - RALEIGH, N.C. - Mayflower Seafood of Goldsboro, Inc.,...more

California’s Auto-Renewal Law Leads to Wave of California Consumer Class Actions

California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer...more

Tommie Copper Hurts While the FTC Finds Relief

Tommie Copper advertised its copper-infused compression garments with the slogan: “Life Hurts. Find Relief.” Now, the company is itself hurting, after the FTC announced a settlement that requires it to pay over $1 million in...more

New York Employers Should Be Aware of Laws Protecting Employees Who Are Victims of Domestic Violence

This article, reporting on a significant settlement of a claim of wrongful termination of an employee who was a victim of domestic violence, should serve as a reminder for all New York employers. As reported by the New York...more

Indiana Court Weighs in Deficiency Judgments

The Indiana Court of Appeals recently held that creditors must move for an in personam remedy in the original foreclosure judgment or forfeit their right to collect deficiency funds. In Elliott v. Dyck O’Neal, the bank...more

Remedies in multijurisdictional merger control: Curse or cure?

The rising number of enforcers imposing remedies in international merger control increases the level of uncertainty around whether and in what form a complex deal can be navigated through competition authorities....more

"MOFCOM Lifts Hold-Separate Remedies for the First Time"

In late 2011 and early 2012, China’s Ministry of Commerce (MOFCOM) introduced a new and unique merger control remedy with far-reaching implications. In two separate decisions involving nearly simultaneous global acquisitions...more

Insights: The Delaware Edition - October 2015

We are pleased to share with you the inaugural issue of Insights: The Delaware Edition, a periodic publication addressing significant Delaware deal litigation and corporation law developments. In This Issue: - Q&A...more

"Dole Ruling Serves as Cautionary Tale for Take-Private Deals"

Earlier this year, in a consolidated breach of fiduciary duty and appraisal action, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued a post-trial opinion that includes many important takeaways for...more

Are Big Changes on the Horizon for Trade Secrets Litigation?

Identical bills pending in the U.S. House and Senate are aimed at expanding and altering the substantive and procedural remedies available to businesses seeking to defend their valuable trade secrets through litigation. On...more

Remedies for Non-Payment of Child Support

There are several remedies in Arizona Courts for parents who are not receiving child support that is owed. Recently, the Maricopa County Superior Court has changed some aspects of child support enforcement and is attempting...more

Social Media Privacy Legislation Desktop Reference: What Employers Need to Know

There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging...more

Getting Your Money Back: New Jersey Employers Can Disgorge A Disloyal Employee’s Salary

In a recent ruling, the New Jersey Supreme Court gave employers a great recourse for dealing with former employees who breach their duty of loyalty. In Bruce Kaye v. Alan P. Rosefielde, the Court allowed an employer to...more

UK Ratification of the Cape Town Convention

It cannot have escaped the attention of anyone involved in the aviation finance industry that the UK is currently in the process of ratifying the Cape Town Convention (being the Convention on International Interests in Mobile...more

Federal Circuit Holds That Laches is Defense To Equitable Relief and Pre-Filing Damages In Patent Infringement Actions

In a recent en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that laches resulting from a delay in filing suit for patent infringement is a statutory defense, and may bar a patentee from obtaining...more

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