Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
On January 21, 2025, the morning after the presidential inauguration, the U.S. Supreme Court will hear oral arguments in FDA v. R.J. Reynolds Vapor Company, an e-cigarette case where the Court will decide whether tobacco...more
Where the Operative Facts Occurred - In assessing this primary factor, courts have looked to the location of defendant’s principal place of business, where the ANDA application was prepared, and where the ANDA product was...more
FTX creditors will make money on bankruptcy: $1.19 for every dollar | CNBC - Delaware bankruptcy Judge John Dorsey approved failed cryptocurrency exchange FTX’s reorganization plan which involves paying over $14 billion to...more
The United Supreme Court will hear arguments this month in a case that will have widespread consequences for the business community, specifically the products industry. In Medical Marijuana v. Horn, the question presented to...more
The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases....more
Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in...more
Special guest Professor Alan Trammell of Washington and Lee University School of Law joins us today for a deep dive into universal injunctions and the related topics of associational standing and judicial forum shopping, and...more
Join Wolf Greenfield for a mid-year review of litigation and PTAB trends at 12:00pm ET or 9:00pm ET. This webinar will cover: 2024/2025 patent litigation trends: ITC domestic industry, double patenting, forum shopping,...more
In a bold move to tighten its sanctions enforcement, the EU rolled out Directive 2024/1226, establishing minimum rules for defining criminal offenses and penalties related to the violation of EU sanctions. Effective May 19,...more
On May 2, 2024, the Committee on Judicial Review of the Administrative Conference of the United States (“ACUS”), an independent federal agency tasked with improving government operations, approved a recommendation that...more
On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more
On 17 October 2023, the European Securities and Markets Authority (ESMA) published a statement addressed to cryptoasset providers and the National Competent Authorities (NCAs) that will be responsible for their supervision,...more
Clients frequently ask whether a business entity needs to register to do business in a particular state with which the entity has begun to have some degree of ongoing contact. In responding we typically consider the state's...more
More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation,...more
One of the first questions we receive from founders who are ready to legally form a company is where they should incorporate. The conventional wisdom is that for most companies intending to obtain outside financing, Delaware...more
The decision risks opening the door to increased forum shopping in states with consent-by-registration systems, but significant questions remain about the extent of those risks....more
The Consumer & Retail sector has seen some significant new trends in the last few years. In part these have been driven by changes in consumer behavior following the pandemic, including the ever increasing volume of online...more
Last November, I questioned whether Mallory v. Norfolk Southern Railway Co., U.S. S. Ct. Case No. No. 21-1168 will wipe out Delaware's hegemony over corporate litigation. In a recent post, Professor Josh Blackman considers...more
Mallory v. Norfolk Southern Railway Co., docket number 21-1168 originating from the Supreme Court of Pennsylvania, has far-reaching implications which could impinge on the booming forum-shopping industry. Any defendant who...more
Litigation strategy is a dynamic process from pre-suit through the appellate systems. For parties initiating an action, choosing the most advantageous court or “forum” is key. Attorneys and their clients consider many factors...more
The California Court of Appeal, Second Appellate District, issued a decision on August 1 holding that websites without any connection to physical place of business are not “places of public accommodation” under Title III of...more
Summary: Courts may use their inherent equitable powers to award attorneys’ fees for bad faith conduct....more
On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division....more
Bad law often gives rise to creative legal arguments. But the application of such creative lawyering is necessarily bounded by ethical rules and notions of fair dealing. Patent eligibility, in its current incarnation, has...more