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Res Judicata Corporate Counsel

McDermott Will & Emery

No Second Bite at the Apple: Dismissal under Duplicative-Litigation Doctrine

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The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a second case between the same parties and asserting the same patent under the duplicative-litigation doctrine. Arendi S.A.R.L. v. LG...more

Blank Rome LLP

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

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Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls....more

Womble Bond Dickinson

Supreme Court to Settle Standard for Obtaining Trademark Infringer’s Profits

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Trademark infringement plaintiffs have long argued that because actual damages in trademark infringement cases are often difficult to measure, receiving a cut of an infringer’s profits is in many cases the only meaningful...more

Snell & Wilmer

Supreme Court to Decide Two Trademark Cases

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The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more

Proskauer - Corporate Defense and Disputes

Supreme Court Rules That Federal Courts Are Not Bound to Give Conclusive Effect to Foreign Governments’ Statements About Their...

The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government’s own laws, the court should accord “respectful consideration” to the...more

Sheppard Mullin Richter & Hampton LLP

Court Rejects Plaintiffs’ Attempt to Double-Dip in Settlement Pool

It is a rare occasion that the phrase “joint employer” has positive implications for any business. However, a panel sitting on the California Court of Appeals recently gave one party in a joint employer arrangement cause to...more

Proskauer - California Employment Law

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

Seyfarth Shaw LLP

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

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Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Proskauer - Labor Relations Update

17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules

Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered...more

Foley Hoag LLP - Making Your Mark

U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more

Seyfarth Shaw LLP

Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff

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Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One...more

Dorsey & Whitney LLP

District Court Rejects “Worthless Services” FCA Claim, Interprets First-to File Bar and Res Judicata in FCA Context

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Earlier this month, the U.S. District Court for the Eastern District of Virginia dismissed a 2-count False Claims Act (FCA) complaint against Unisys Corporation. United States ex rel. Soodavar v. Unisys Corp., 2016 WL 1367163...more

Proskauer - Corporate Defense and Disputes

U.S. Court Certifies Classes in Petrobras Securities Litigation

The United States District Court for the Southern District of New York yesterday certified two classes of investors who had purchased Petrobras securities on U.S. exchanges or in other U.S. transactions. The February 2, 2016...more

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