News & Analysis as of

Preliminary Injunctions

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

by Jones Day on

The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

Federal Court Holds That It Lacks Subject Matter Jurisdiction To Review VA’s Decision To Begin Debarment Proceedings Since That...

by Pepper Hamilton LLP on

Hope v. Dep’t of Veterans Affairs, 2018 U.S. Dist. LEXIS 28479 (E.D. Ark. Feb. 22, 2018) - This matter involved a motion for temporary restraining order and preliminary injunction (the “Motion”) filed by Richard Alan Hope...more

Don’t Worry, Your Secret is Safe With Me

by Fisher Phillips on

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

D.C. Circuit panel questions Mulvaney’s dual CFPB/OMB roles in English appeal oral argument

by Ballard Spahr LLP on

On April 12, 2018, the United States Court of Appeals for the District of Columbia Circuit held oral argument on the appeal brought by Leandra English, CFPB Deputy Director, of the district court’s denial of her application...more

CMS Issues Updated Medicare Payment and Billing Policies for 340B Hospitals

by Baker Ober Health Law on

On April 2, 2018, CMS issued updated guidance related to the dramatic Medicare payment reductions that went into effect this year for certain 340B hospitals. The guidance explains the planned application of the payment cuts...more

Fifth Circuit Provides Relief for Providers Facing Medicare Appeal Backlogs

by Jones Day on

The U.S. Court of Appeals for the Fifth Circuit has provided some relief to health care providers seeking to stop Medicare from "recouping" alleged overpayments before the provider can obtain a hearing before an...more

Court Finds Jurisdiction to Bar Recoupment Associated with Pending Claims Appeal

by Baker Ober Health Law on

On March 27, 2018, the United States Court of Appeals for the Fifth Circuit published an opinion that provides Family Rehabilitation, Inc. (Family Rehab) a second chance to postpone recoupment of about $7.6 million in...more

Northern District Federal Court Orders Presumptive Eligibility for Medicaid Applicants for Long Term Care Services

by Polsinelli on

A recent ruling by Judge Gotschall in the United States District Court for the Northern District of Illinois, Eastern Division made it abundantly clear that the state has 90 days to bring its procedures for processing...more

Northern District of California Enforces Forum Selection Clause in License Agreement and Orders Licensee to Withdraw IPR Petitions

On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

by Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

FRANCHISEE 101: To First Refuse, or Not to Refuse

by Lewitt Hackman on

A franchisee looking to transfer assets of a franchised business may be subject to the franchisor's right of first refusal, the franchisor's option to purchase the business, or both, depending on the language of a franchise...more

Recent Changes to the Procedures for Lifting the Automatic Stay in Contested Cases before the South Carolina Administrative Law...

On March 12, 2018, South Carolina Act No. 134 went into effect making changes to the procedures for lifting the automatic stay in contested cases before the South Carolina Administrative Law Court (“ALC”). The changes...more

Could graffiti art prevent your redevelopment project?

by Thompson Coburn LLP on

To a real estate developer, spray paint on a building can be a nuisance. To an artist, the painted image may be cherished art. And to one real estate developer’s rude awakening, a little-known aspect of copyright law can...more

Federal Court Grants Preliminary Injunction, Affirms CFTC Jurisdiction over Virtual Currencies

Earlier this month, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York entered a preliminary injunction order against Patrick McDonnell and his company, CabbageTech, Corp. (together, the...more

Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

by Morrison & Foerster LLP on

One piece of “bad” evidence (or evidence that simply looks bad) can sink a client at trial. How do you neutralize the evidence before the judge and keep the jury sympathetic to your client when there is evidence that, at...more

UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

We first wrote on this topic nearly a year ago. Since then, courts have had an opportunity to interpret some of the provisions of the federal Defend Trade Secrets Act (DTSA). Indeed, since it was signed into law, more than...more

D.C. Circuit panel members announced for English appeal

by Ballard Spahr LLP on

The D.C. Circuit has released the names of the judges who will hear the oral argument scheduled for April 12 in Leandra English’s appeal in her action seeking a declaration that she, rather than Mick Mulvaney, is the lawful...more

That’s A Cut: “Textbook Reparable Harm” Was “Showstopper” To Video-Streamers’ Preliminary Injunction Request

The lawsuit between Swarmify and Cloudflare recently produced an Order in which U.S. District Court Judge William Alsup denied Swarmify’s motion for a preliminary injunction, and also offers a cautionary tale about what...more

Corporation Denied Motion to Enjoin Arbitration against its Alleged Alter Ego

In Royal Wine Corp. v. Cognac Ferrand SAS, Justice Andrea Masley of the Commercial Division denied Plaintiff Royal Wine Corporation’s (“Royal”) motion for a preliminary injunction to enjoin arbitration that defendant Cognac...more

Cryptocurrencies and ICOs: Key Market, Legal, and Regulatory Developments

Texas Judge Issues Preliminary Injunction Against Dubai-Based Officer of Allegedly Fraudulent Cryptocurrency Offering - Earlier this year, the United States District Court for the Northern District of Texas entered an ex...more

Is Your Secret Recipe Still a Secret? How to Protect a Restaurant’s Signature Recipes

by Tucker Arensberg, P.C. on

A customer walks out of a restaurant and exclaims to her date “that is the best _______ I have ever tried…nobody can make that dish the way this place does.” A restaurant’s signature appetizer, entrée, or drink often define...more

Proving A Franchisor’s Irreparable Injury To Obtain A Preliminary Injunction

by Mulcahy LLP on

When a franchisor grants a franchise, it licenses, among other things, its trade name and business operating system. By doing this, the franchisor trusts its franchisees, area representatives, and sub-franchisors with its...more

The Gender Pay Equity Movement Goes International

by Fisher Phillips on

The national and international spotlight on pay equity is getting brighter by the day. By way of illustration, this post explores two laws that took effect on January 1, 2018, one in California and one in Iceland, and a wage...more

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Federal Judge Adopts CFTC Position That Cryptocurrencies Are Commodities

• A New York federal judge held that virtual currencies are commodities within the meaning of the Commodity Exchange Act. • This marks the first court decision to assess and to adopt the CFTC’s position that virtual...more

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Cybersecurity

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