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Jones Day

“First Available” Date Alone Is Insufficient Evidence of Disclosure

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The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...more

Troutman Pepper

Two Courts Block Kroger-Albertsons Merger

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Within hours of each other, an Oregon federal district court followed by a Washington state court enjoined the $24.6 billion merger of the Kroger and Albertsons grocery chains. The Oregon court adopted the controversial 2023...more

Fish & Richardson

Cybersecurity Litigation Strategies: Jurisdiction

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This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, “Challenge the court’s jurisdiction,” from our earlier article, “Five Tactics for Cybersecurity...more

BCLP

Nasdaq Concedes Invalidation of Board Diversity Rule by Divided Fifth Circuit en Banc

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On December 11, in a 9-8 ruling, the Fifth Circuit invalidated the SEC’s approval of the Nasdaq board diversity rule in Alliance for Fair Board Recruitment v. SEC. Invoking the “major questions” doctrine, the court ruled the...more

Smart & Biggar

Class actions relating to opioid use disorder continue across Canada

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There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages, decisions have...more

Goldberg Segalla

Union Carbide Prevails in Rare Rhode Island Asbestos Trial

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Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma. Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr....more

McManis Faulkner

Looking For a Lawyer? Be Prepared for These Questions.

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If you are searching for a lawyer, odds are you are in a challenging situation and you need help. You may be anxious about what the future may hold, and you may be nervous at the thought of going through a legal process....more

Goldberg Segalla

Plaintiffs Succeed in Motion to Remand Case to State Court

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Jurisdiction: United States District Court for the Central District of California - Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a...more

Jaburg Wilk

Corporate Transparency Act Compliance Deadlines Suspended Nationwide

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The Corporate Transparency Act (CTA) plays a vital role in protecting the U.S. and international financial systems, as well as people across the country, from illicit finance threats like terrorist financing, drug...more

Husch Blackwell LLP

Nationwide Injunction Halts Enforcement of the Corporate Transparency Act - UPDATED 12-12-2024

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As of the posting of this article, reporting companies nationwide do not need to comply with the Corporate Transparency Act’s (CTA) January 1, 2025, beneficial owner information (BOI) reporting deadline. Yet, given the appeal...more

Morris James LLP

Chancery Orders Dissolution of Single Asset LLC

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Gibson v. Konick, C.A. No. 2022-1036-LWW (Del. Ch. July 10, 2024) - The Court of Chancery dissolved a single asset LLC even though the LLC agreement required a unanimous vote of the members to dissolve, and one of the two...more

Irwin IP LLP

A Bloody Competition Over Lizzie Borden’s Legacy

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US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC, No. 23-2000, 2024 WL 4799288 (1st Cir. Nov. 15, 2024) - On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary...more

McCarter & English, LLP

Corporate Transparency Act: Preliminary Injunction & FinCen’s Response

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The Corporate Transparency Act (31 U.S.C. § 5336, the CTA), which went into effect on January 1, 2024, requires a broad range of corporations, limited liability companies, and other entities (“reporting companies”) to file...more

Fox Rothschild LLP

3rd Circuit Declines to Find Employment-Related Cause of Action in New Jersey’s Marijuana Laws

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The U.S. Court of Appeals for the 3rd Circuit issued an opinion earlier this week that will have significant ramifications on the abilities of plaintiffs to bring employment-related disputes arising out of New Jersey’s...more

Falcon Rappaport & Berkman LLP

Creditor Alert: A Confession of Judgment Is Not Removable to Federal Court Based on a Related Bankruptcy Filing

A recent decision from the Southern District of New York provides insight for creditors seeking to enforce judgments against debtors who subsequently file for bankruptcy. In Honeedew Investing LLC v. Abadi, No. 24 Civ. 6434...more

Bracewell LLP

“No Harm, No Foul”: Who Will Referee Future White-Collar Prosecutions?

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On December 9, the US Supreme Court heard oral argument in Kousisis v. United States, a case that has significant potential ramifications for white-collar prosecutions on the federal level....more

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

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