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Misrepresentation Affirmative Defenses

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

Latham & Watkins LLP on

The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Venable LLP

Digital Good v. Digital Receipt: The Dispute Over StockX's Use of Nike Trademarks in NFTs

Venable LLP on

In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more

Patterson Belknap Webb & Tyler LLP

Court Strikes Defendant’s Jury Demand Where Defendant Asserted Equitable Defense of Rescission

In Real Estate Webmasters Inc. v. Rodeo Realty, Inc., Justice Richard Platkin of the Albany County Commercial Division granted plaintiff’s motion to strike Rodeo’s jury demand in connection with Real Estate Webmasters Inc.’s...more

Nutter McClennen & Fish LLP

Dismissing Fraud Claims, Judge Davis Rules Party’s Statement of Reasons or Motives Underlying Bargaining Position Constitutes...

In Metal Seal Precision, Ltd. v. Sensata Technologies, Inc., Metal Seal sued Sensata for allegedly breaching the parties’ Memorandum of Understanding (MOU), which required Sensata to purchase minimum quantities of metal...more

Shook, Hardy & Bacon L.L.P.

Amazon the Target of Freshub Patent Family

Freshub, an emerging Smart Kitchen Commerce technology company that supports IoT based in-home grocery shopping, recently filed a patent infringement lawsuit against Amazon (Amazon.com, Amazon Digital Services, Prime Now,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018

Carlton Fields on

Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more

Womble Bond Dickinson

Rethinking Fair Use in the DMCA Context

Womble Bond Dickinson on

On September 14, 2015, the Ninth Circuit Court of Appeals, ruling in Lenz v. Universal Music Group, 2015 U.S. App. LEXIS 16308 (“Lenz 2015”), affirmed the denial of the respective parties’ motions for summary judgment... In...more

Benesch

HCA Holdings Must Present More Than “Speculation” of Affirmative Defenses to Defeat Class Certification, Sixth Circuit Holds

Benesch on

Investors sued HCA Holdings, Inc., alleging that HCA’s registration statement and prospectus contained misrepresentations when HCA made its initial public offering in 2011. The district court certified a class of investors,...more

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