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Civil Procedure Updates

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Ready or Not, Here It Comes: The 60-Day Countdown to the GDPR

by Zapproved LLC on

Prepare for compliance with this step-by-step action plan - The final countdown to enforcement of the EU’s General Data Protection Regulation (GDPR) is on. Starting on May 25, 2018, businesses that offer goods or services...more

Ninth Circuit Affirms “Per Plan” Approach To Interpret “Impaired Accepting Class” For Bankruptcy Plan Confirmation Purposes

by Cole Schotz on

In JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props. Inc., et al. (In re Transwest Resort Props. Inc.), Case No. 16-16221, 2018 U.S. App. LEXIS 1947 (9th Cir. Jan. 25, 2018), the Ninth Circuit was the first...more

Commercial Division Rejects Disclosure-Only Settlement

On February 8, 2018, Justice Shirley Werner Kornreich of the Commercial Division rejected a disclosure-only class action settlement in City Trading Fund v. Nye, 2018 BL 44689 (Sup. Ct. Feb. 08, 2018)....more

D.C. Circuit Sets Aside 2015 FCC Order on ATDS Definition, Upholds Revocation Expansion

by Baker Donelson on

In its long-awaited ruling addressing the FCC's 2015 Declaratory Ruling and Order, the U.S. Court of Appeals for the D.C. Circuit partially upheld and partially set aside challenges to four specific provisions that had been...more

Court of Appeals Rolls Back Portions of the FCC’s 2015 Robocall and Text Ruling

by Pillsbury - CommLawCenter on

This past Friday, the US Court of Appeals for the District of Columbia Circuit released its long-awaited decision in ACA International et al. v. FCC, a case involving the Telephone Consumer Protection Act (TCPA) that has...more

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

by BakerHostetler on

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015...more

D.C. Circuit Strikes down Key Provisions of 2015 Declaratory Ruling on the Telephone Consumer Protection Act: FCC Fails “Arbitrary...

by Clark Hill PLC on

On Friday, March 16, 2018, the United States Court of Appeals for the District of Columbia (D.C. Circuit) issued its long awaited ruling in the case of ACA International, et al (ACA) v. Federal Communications Commission (FCC)...more

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Your Definitive Guide to the ACA Int’l Ruling: The Top 10 Things Every TCPAlander Needs to Know Now

by Dorsey & Whitney LLP on

It’s here! It’s here! It’s finally here! At last, I no longer need to field the question of “when, oh when, is the D.C. Circuit Court of Appeals going to rule on the ACA Int’l appeal of the FCC’s TCPA Omnibus ruling from...more

What Is the GDPR?

by Zapproved LLC on

Facts about Europe’s General Data Protection Regulation for the GDPR launch. The General Data Protection Regulation (GDPR) goes into effect on May 25, 2018. The GDPR applies to all 28 European Union (EU) member nations as...more

3rd Circuit Invalidates Arbitration Provision on Consumer Loan Due to Illusory Arbitral Forum

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Third Circuit recently found a consumer loan agreement’s arbitration provisions were unenforceable because: (i) the arbitral forum designated by such provisions’ forum selection clause was...more

Recent Federal Circuit Decisions Emphasize Effect of Factual Questions on Patent Eligibility

by Knobbe Martens on

In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

Weekly Update Newsletter - March 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts - According to a news...more

Lauri Love: The Forum Bar Shows Its Mettle

by WilmerHale on

On 5 February 2017, the UK High Court issued judgment in the case of Love v USA [2018] EWHC 172 (Admin) (“the Judgment”). This was an appeal against the decision at Westminster Magistrates’ Court on 16 September 2016....more

Patent IPRs and Allergan’s Sovereign Immunity Defense

In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform. Patent protection helps drug manufacturers recoup their investment in developing the new drug,. It also...more

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more

2018 Environmental Legislative Update No. 3

by Pullman & Comley, LLC on

In the rocket launching business, “Max Q” is point of maximum stress due to the combination of acceleration and air density. Judging from the number of items in today’s update, the session may have reached legislative Max Q....more

Court Of Appeal Upholds Dismissal Of Purely Foreign Dispute

by Allen Matkins on

Seven years ago, I wrote about California's "million dollar contract" statute - CCP § 410.40. That statute permits any person to maintain an action against a foreign corporation or nonresident person when the action arises...more

Court Grants Key Parts of Motion to Compel Against Safeway: eDiscovery Case Law

by CloudNine on

In U.S. ex rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. Mar. 08, 2018), Illinois Magistrate Judge Tom Schanzle-Haskins allowed the Relator’s motion to compel in part, ordering the defendant to conduct and complete...more

Stop What You Are Doing: Collateral Estoppel At The PTAB

by Jones Day on

On March 13, 2018, in Nestlé USA, Inc. v. Steuben Foods, Inc., 2017-1193 (Fed. Cir. Mar. 13, 2018), the Federal Circuit confirmed that collateral estoppel may preclude the need to revisit an issue that had already been...more

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

by Ladas & Parry LLP on

In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

How Does A Divorce Trial or Hearing Work?

by Stange Law Firm, PC on

When individuals are going through a divorce, most want to settle their case amicable short of a trial. Practically, this does not happen in every circumstance. In some cases, parties are just not able to settle their...more

Fifth Circuit Vacates DOL Fiduciary Rule

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition of “investment advice fiduciary” and the associated exemptions. The...more

New USPTO Specimen Pilot Program

by Knobbe Martens on

On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more

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