The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of...more
6/28/2023
/ Arbitration ,
Arbitration Agreements ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
Motion to Compel ,
SCOTUS ,
Stays
You may have recently seen press reports about lawyers who filed and submitted papers to the federal district court for the Southern District of New York that included citations to cases and decisions that, as it turned out,...more
There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC § 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without...more
Yesterday, the Supreme Court issued its decision in Turkiye Halk Bankasi A.S., aka Halkbank v. United States. This groundbreaking case represents the first known attempt by the United States (or likely any state in modern...more
As we’ve previously written, complications arise for foreign sovereigns (States) and private companies when they structure commercial transactions. States prefer to hold as much of their immunities as is possible, while...more
The Second Circuit on August 5 clarified the standard for attachment in aid of arbitration – in this case an international arbitration and assets of a Lebanese bank held in New York. In Iraq Telecom Limited v. IBL Bank...more
As we’ve previously written , 28 U.S.C. § 1782 is a useful federal statute that allows overseas litigants to obtain discovery through U.S. federal courts for use in the overseas litigation. With respect to adjudication of...more
The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more
On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court’s decision, (which we previously wrote about here), which nixed the plaintiff’s $740 million trade secret win at trial and required the plaintiff to...more
The federal statute 28 U.S.C. §1782 allows litigants in a foreign proceeding to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use has been...more
A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights...more
In recent weeks sanctions against Russia’s central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act (“FSIA”), specifically with relation to...more
Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
Recently, a federal Special Master in the District of New Jersey addressed whether a requesting party waives its right to relevant and discoverable documents when it fails to timely follow up on the responding party’s...more
On November 29, 2021, a federal district court in Missouri issued a preliminary injunction blocking the implementation and enforcement of a rule promulgated by the Centers for Medicare and Medicaid Services (“CMS”) requiring...more
The federal statute 28 U.S.C. § 1782 allows discovery in the United States, under the broad US discovery rules, for use in a foreign proceeding. In light of Section 1782’s expanding use (which you can read about here) and its...more
Federal law provides a powerful tool for litigants engaged, or about to engage, in litigation in a foreign forum: 28 U.S.C. § 1782. The statute allows discovery in the United States, under the broad US discovery rules, for...more
Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or...more
The question of whether businesses may be able to recover for COVID-19-related losses under their insurance policies continues to be an important topic for many as the pandemic continues. A federal court in New York recently...more
1/12/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...more
1/8/2021
/ Class Action ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Injunctions ,
Material Adverse Events ,
Purchase Agreement ,
Real Estate Transactions ,
Refunds ,
School Closures ,
Tuition ,
Unjust Enrichment
The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more
12/7/2020
/ Anti-Harassment Policies ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
First Amendment ,
Free Speech ,
Harassment ,
Infectious Diseases ,
Landlords ,
Rental Property ,
State and Local Government
As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more
11/12/2020
/ Bankruptcy Court ,
Breach of Contract ,
Business Litigation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impossibility ,
Infectious Diseases ,
Nonperformance ,
School Closures
As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more
10/29/2020
/ Breach of Contract ,
Business Interruption ,
Carriage Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Performance Standards ,
Policy Terms
A Kings County Supreme Court Commercial Division Justice recently rejected a restaurant tenant’s argument that the Executive Orders issued in response to the COVID-19 pandemic frustrated the purpose of its commercial lease,...more
10/5/2020
/ Breach of Contract ,
Business Closures ,
Business Interruption ,
Commercial Court ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Failure To Pay ,
Frustration of a Common Purpose ,
Infectious Diseases ,
Public Health Emergency ,
Rent
As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...more
9/25/2020
/ Breach of Contract ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Eviction ,
Failure To Pay ,
Financial Distress ,
Force Majeure Clause ,
Infectious Diseases ,
Insurrection ,
Landlords ,
Rent