Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United States…
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/ Civil Procedure, Intellectual Property
United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology…
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/ Civil Procedure, Electronic Discovery, Intellectual Property, Science, Computers, & Technology
On August 22, 2024, Judge Alvin K. Hellerstein (S.D.N.Y.) denied Google LLC’s motion for summary judgment that (1) it has not infringed two asserted patents; and (2) the two patents are invalid for lack of written description…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…
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/ Business Organizations, Civil Rights, Commercial Law & Contracts, Constitutional Law, Nonprofit Law
A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024 (the…
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/ Antitrust & Trade Regulation, Labor & Employment Law
Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated…
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/ Labor & Employment Law, Taxation
In an ongoing patent dispute between manufacturers of armored fiber optic cables, Judge Choudhury (E.D.N.Y.) recently resolved competing motions to dismiss on several grounds. In doing so, she ruled that Defendant Point 2 Point…
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/ Civil Procedure, Intellectual Property
An appeals court has issued an insightful decision on the availability of damages when an involuntary bankruptcy petition is filed in bad faith. See Stursberg v. Morrison Sund PLLC, No. 23-1186, 2024 U.S. App. LEXIS 20286 (8th…
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/ Bankruptcy, Business Torts, Civil Remedies
Under federal law, a debtor may be criminally prosecuted for various kinds of misconduct in connection with a bankruptcy case, including concealing assets, falsifying information, embezzlement, or bribery. See 18 U.S.C. §§ 152,…
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/ Bankruptcy, Business Organizations, Criminal Law
On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged in…
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/ Antitrust & Trade Regulation, Business Torts, Consumer Protection
In Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024) (“Purdue”), the Supreme Court held that the Bankruptcy Code does not authorize nonconsensual releases of nondebtors as part of a chapter 11 plan. The Court narrowly…
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/ Bankruptcy, Business Organizations, Civil Procedure
We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts.
Thomas Girardi…
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/ Bankruptcy, Criminal Law, Privacy
On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and…
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/ Business Organizations, Science, Computers, & Technology, Securities Law
On June 21, 2024, Judge Jesse M. Furman (S.D.N.Y.) denied Monday.com Ltd. (“Monday”)’s motion to dismiss a complaint for patent infringement by plaintiff Michael Philip Kaufman. See Kaufman v. Monday.com Ltd., 23-CV-5864 (June…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
On June 26, 2024, the Supreme Court issued a decision in SEC v. Jarkesy, holding that “[w]hen the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.”…
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/ Administrative Law, Civil Procedure, Constitutional Law, Securities Law
