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K&L Gates LLP

Seventh Circuit Strikes Down Delaware Forum Selection Clause and Clears Path to Federal Court for Securities Exchange Act Claims

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The Seventh Circuit issued a resounding message: Delaware forum selection clauses in corporate bylaws cannot lawfully prevent a plaintiff from bringing claims under the Securities Exchange Act of 1934 (the Exchange Act or the...more

Bass, Berry & Sims PLC

Federal Circuit Confirms DoD Contractor’s Expanded Restrictions on Non-Government Parties Rights in Data

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Last month, the U.S. Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion in The Boeing Co. v. Secretary of the Air Force shed additional light on the technical data rights of contractors under defense...more

Pillsbury Winthrop Shaw Pittman LLP

Defense Contractors Have Some Leeway to Mark Noncommercial Technical Data to Restrict Rights of Non-Government Third Parties

The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third parties. ...more

McDermott Will & Emery

Government Contractors May Include Restrictive Markings on ‘Unlimited Rights’ Data

The US Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (ASBCA) denial of summary judgment and held that a federal contractor may include certain restrictive markings on “unlimited...more

Fox Rothschild LLP

The Seventh Circuit Joins The Second And Fifth Circuits In Holding That 28 USC § 1782(a) Does Not Apply To Private International...

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In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling

Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Jackson Walker

Public Information Act: Trade Secret Loophole Threatens Government Transparency

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Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

Bond Schoeneck & King PLLC

Employee’s “Trick” Results in a Halloween Bag of Rocks From the Jury

In prior blog articles, we’ve sought wisdom from Sun Tzu, an audit of Santa’s Workshop, a theoretical application of the faithless servant doctrine to A-Rod, and Pooh Corner for some Zen advice on day-to-day employment...more

Foley & Lardner LLP

Seventh Circuit: "Frivolous" Argument Saves Jurisdiction

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The Seventh Circuit issued an important opinion by Judge Easterbrook today, Lu Junhong v. Boeing Co., No. 14-1825, a clump of cases that arose after an Asiana Airlines jet manufactured by Boeing struck a seawall while landing...more

Carlton Fields

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

Carlton Fields on

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing nature. ...more

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