News & Analysis as of

Unclean Hands

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

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September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...more

Epstein Becker & Green

Plaintiffs in California Putative Class Action Lose Numerous Challenges to Enforcing Arbitration, Barring Unclean Hands

In Elijah Baer, et al. v. Tesla Motors, Inc., fifteen plaintiffs filed a putative class and Private Attorneys General Act (“PAGA”) representative action lawsuit against Tesla, Inc. (“Tesla”) alleging wage-hour violations of...more

Paul Hastings LLP

The Federal Circuit Addresses Equitable Remedies and Defenses Against Patent Owners For Their Misconduct Before the District Court...

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The Federal Circuit’s decision in Luv N’ Care v. Laurain (April 12, 2024) addresses the legal standards for remedying egregious forms of deceptive conduct by patent owners through the equitable barring of relief and patent...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

McDermott Will & Emery

Unclean Hands Aren’t Just for Toddlers

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In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on...more

McGlinchey Stafford

Who Bears What Burden in Class Settlement Objections - McGlinchey Commercial Law Bulletin - December 4 2023

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Fraudulent Transfer- Leonard Holdings, Inc. v. Rohaley, 11th District Lake County, 2023-Ohio-4096- In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant’s motion for...more

Morris James LLP

Chancery Holds That Party’s Untimely Counterclaim Cannot Avoid Laches Defense By Invocation of Unclean Hands

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Thomas D. Murray et al. v. Shannon Rolquin et al., C.A. No 2018-0819-KSJM (Del. Ch. Mar. 9, 2023) - In the Court of Chancery, untimely equitable claims may be time-barred by the doctrine of laches. However, a belated...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

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In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

BCLP

Criminal indictment of Executive Chairman and parallel civil charges show Feds' willingness to challenge Rule 10b5-1 trading plans

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The Justice Department recently indicted the Executive Chairman of Ontrak, Inc. alleging that he failed the “clean hands” requirement because he had been aware of material nonpublic information relating to the potential loss...more

Robins Kaplan LLP

Allergan USA, Inc. v. Sun Pharm. Indus. Ltd.

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Case Name: Allergan USA, Inc. v. Sun Pharm. Indus. Ltd., No. CV 19-1727-RGA, 2022 WL 16921800 (D. Del. Nov. 14, 2022) (Andrews, J.) Drug Product and Patents-in-Suit: Viberzi® (eluxadoline); U.S. Patents Nos. 9,675,587 (“the...more

Fox Rothschild LLP

Like the Lochness Monster – A Rare Doctrine of Unclean Hands “Citing”

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The Family Court in New Jersey is a court of equity. Accordingly, old, if not ancient “equitable principles” or maxims are supposed to apply. One such maxim is that he who seeks equity must do equity. Over the course of...more

Goodwin

Litigation Update: AbbVie v. Alvotech hf (Adalimumab)

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We have previously reported on AbbVie’s first and second wave suits against Alvotech hf (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar. In the first wave suit, on October 5, 2021 AbbVie...more

Weintraub Tobin

De Novo Or Abuse Of Discretion? Trademarks, The Unclean Hands Defense, And Summary Judgment Review

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The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the...more

McDermott Will & Emery

That’s So Metal: Ninth Circuit Confirms Standard of Review for Finding Unclean Hands on Summary Judgment

In a trademark infringement dispute over the brand name “METAL,” the US Court of Appeals for the Ninth Circuit resolved an issue of first impression in holding that when reviewing a grant of summary judgment on an unclean...more

Goodwin

Rhode Island Federal Court Dismisses Securities Class Action Against CVS Arising From Statements Made After Omnicare Acquisition

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Rhode Island Federal Court Dismisses Securities Class Action Against CVS Arising From Statements Made After Omnicare Acquisition; SEC Division of Corporation Finance Suggests Companies Issue Additional Disclosures When...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Biomaterials and Unclean Hands

This week, we take a look at the Ninth Circuit’s decisions construing the Biomaterials Access Assurance Act’s immunity for “biomaterials suppliers” and addressing the standard of review when a district court grants summary...more

Cozen O'Connor

Class Certification Denied in Portion of COI Case Based on Argument that the Policies are STOLI

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The United States District Court for the Southern District of New York recently issued a decision denying class certification to sub-classes in a cost of insurance (“COI”) class action based upon the insurer’s defense that...more

K&L Gates LLP

Chancery Court Looks Past “Sham” Paper Trail to Determine Ownership of Holding Company for Argentina Media Conglomerate

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In Carlos Eduardo Lorefice Lynch, et al. v. R Angel Gonzalez Gonzalez, et al., C.A. No. 2019-0356-MTZ (Del. Ch. July 31, 2020), the Delaware Court of Chancery (the “Court”) examined an extensive paper trail purportedly...more

Patterson Belknap Webb & Tyler LLP

When Two Wrongs Make a Right: Ninth Circuit Holds Proof of Injury Not Required for Unclean Hands

Our parents and teachers taught us that “two wrongs don’t make a right.” But in the world of Lanham Act litigation, the opposite is often true. When defending a Lanham Act claim brought by a competitor, the doctrine of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. 2020)

On April 22, 2020, the Federal Circuit "grappled," as the opinion put it, with the equitable doctrine of assignor estoppel in Hologic, Inc. v. Minerva Surgical, Inc., the Federal Circuit "grappled," as the opinion put it,...more

Dorsey & Whitney LLP

Naming Conventions: According to the Ninth Circuit, Not Every Comic Convention Is a “Comic-Con”

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Even devoted comic book fans and other true believers might not know that the term “Comic-Con” is meant to refer to the king of comic conventions - the San Diego Comic Convention (“SDCC”) - not all comic conventions in...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 86: Tackling a California Bar Exam Essay: Remedies

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Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through the July 2017 California bar exam question on Remedies. This is part of our series of podcasts talking about how to approach questions on the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 10, 2020

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Real Property Update - Foreclosure / Dismissal: Involuntary dismissal of foreclosure action for alleging default on same date alleged in a prior dismissed foreclosure action was improper where allegation included reference...more

Jones Day

Mid-Year Review of Key Trade Secret Decisions

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A trade secret is any information used in one's business that derives independent economic value from not being generally known. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret....more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

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A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

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