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

Southern District of New York Allows Trustee’s Aiding and Abetting Claim Against Citibank to Proceed

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On November 6, 2023, the U.S. District Court for the Southern District of New York denied in part and granted in part Citibank’s motions to dismiss claims for allegedly aiding and abetting an accountholder’s multi-million...more

Foley & Lardner LLP

Stellantis and UAW File Dueling Motions to Consolidate String of Lawsuits Regarding Strike Threats on Opposite Coasts

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The nationwide fight continues between Chrysler owner Stellantis and the United Auto Workers Union (“UAW”) and its local chapters regarding the UAW’s threats to strike if Stellantis does not move forward with planned...more

Mintz

Fifth Circuit Strikes Down Nasdaq “Show or Tell” Diversity Rules

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On December 11, 2024, the Fifth Circuit, in a divided opinion following an en banc hearing, struck down the Nasdaq “show or tell” diversity rules. The Court concluded that the rules, some of which the majority described as a...more

Alston & Bird

Patent Case Summaries | Week Ending December 6, 2024

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Cytiva BioProcess R&D AB v. JSR Corp., et al., Nos. 2023-2074, -2075, -2191, -2192, -2193, -2194, -2239, -2252, -2253, -2255 (Fed. Cir. (PTAB) Dec. 4, 2024). Opinion by Prost, joined by Taranto and Hughes....more

Marshall Dennehey

Delaware Superior Court Decision Imparts Lessons for Insurance Agents and Brokers Regarding Policy Exclusions and Language

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In June 2024, the Delaware Superior Court granted a motion for summary judgment, requiring an insurance company to defend and indemnify the plaintiff in regard to underlying litigation. In doing so, the court issued a...more

Jones Day

Fifth Circuit Requires "Compelling Circumstances" to Amend Proof of Claim Post-Confirmation

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Consistent with precedent in its sister circuits, the U.S. Court of Appeals for the Fifth Circuit in CLO Holdco, Ltd. v. Kirschner (In the Matter of Highland Cap. Mgmt. LP), 102 F.4th 286 (5th Cir. 2024), held that to amend a...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Sales / Use Tax: Financial authorization services found to be nontaxable, although appeal remanded for further consideration...

The Ohio Board of Tax Appeals held that certain financial authorization services, Debit Authorization as described below, are not taxable automatic data processing processing (“ADP) or electronic information services (“EIS”)....more

A&O Shearman

Federal Circuit Affirms Non-Infringement At Summary Judgment On “Document Stream” Patents In Mirror Worlds Technologies, LLC v....

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Mirror Worlds Technologies, LLC ("Mirror Worlds") owns U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439, which claim methods for storing, organizing, and presenting data in time-ordered streams on a computer system. In...more

A&O Shearman

District Of Massachusetts Invalidates Epigenetics Method Patents For Lack Of Eligible Subject Matter

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In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as...more

McDermott Will & Emery

Chromatographic Clash: When Is a Lead Compound Analysis Even Necessary?

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The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s determination that 79 challenged composition claims across three related patents were unpatentable but reversed the Board’s...more

McDermott Will & Emery

Focus on Funk: 40-Year-Old Copyright Claim Is Time-Barred

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In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more

A&O Shearman

UK Financial Conduct Authority Supports Expedition of Appeals of Motor Finance Decisions

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The U.K. Financial Conduct Authority has published a letter addressed to the Supreme Court regarding the applications for permission to appeal to the SC and requests for expedition in the recent motor finance commission...more

McDermott Will & Emery

Plausible Alternative Understanding of Prior Art? So What?

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Affirming the Patent Trial & Appeal Board’s final determination that three claims were invalid for obviousness, the US Court of Appeals for the Federal Circuit ruled that a “plausible alternative understanding” of the prior...more

A&O Shearman

UPC ruling on Panasonic v. Oppo: A landmark decision on SEPS and FRAND

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On November, 22, 2024, the Mannheim Local Division of the Unified Patent Court (UPC) delivered a landmark ruling in Panasonic v. Oppo, setting a significant precedent in the realm of Standard Essential Patents (SEPs) and...more

Baker Donelson

Key Approaches for Maximizing Post-Judgment Enforcement Outcomes

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As we noted in our Fraud and Commercial Loan Transactions: Post-Judgment Legal Strategies Webinar, fraud in commercial loan transactions presents significant challenges for creditors seeking to recover funds. Once a judgment...more

McGuireWoods LLP

New York Federal and State Courts Deal With Privilege and Work Product Implications of Intrafamily Communications

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The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences when family members communicate with each other. This type of...more

Wiley Rein LLP

Corporate Transparency Act Update: Government Appeals Nationwide Injunction and Announces No Liability While Injunction Remains in...

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On Thursday, December 5, 2024, the U.S. Department of Justice filed notice that it plans to appeal the nationwide injunction issued by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop v....more

Baker Botts L.L.P.

Federal Court Preliminarily Enjoins Corporate Transparency Act and Implementing Regulations Nationwide

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On December 3, 2024, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction preventing the federal government from enforcing the Corporate Transparency...more

Jackson Lewis P.C.

U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions

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The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such...more

Jones Day

Imputation of Agent's Knowledge to Transferee in Bankruptcy Avoidance Litigation Defeats Good-Faith Defense

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In situations where a bankruptcy court avoids a fraudulent transfer or similar transaction, subsequent transferees who received proceeds of the avoided transaction from the initial transferee can avoid liability in certain...more

The Wagner Law Group

Update – Recent Developments in Forfeiture Cases

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The Wagner Law Group continues to monitor the recent flood of retirement plan “forfeiture” litigation. This alert is our eighth update reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses...more

Array

This Week in eDiscovery: Data Growth Survey Findings | EDNY Refuses “Discovery on Discovery” | Cooperative eDiscovery

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 1-7. Here’s what’s...more

Baker Botts L.L.P.

Trust, But Verify: Avoiding the Perils of AI Hallucinations in Court

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The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more

Jones Day

Expert Testimony That Does Not Disclose Underlying Facts Or Data Entitled To Little Weight

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“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.” 37 C.F.R. § 42.65(a). With that principle in mind, the PTAB recently denied institution...more

Bradley Arant Boult Cummings LLP

11th Circuit Sidesteps Insurer’s Attempt to Rescind Policy but Rules for Insurer Anyway

After a district court determined that Certain Underwriters at Lloyd’s of London (Lloyd’s) could rescind a directors and officers’ policy issued to Anchor Insurance Holdings Inc. and its subsidiary, Anchor Property Insurance...more

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