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McDermott Will & Emery

The Naked Truth About Trademark Cancellation: Only Harm, No Proprietary Interest Required

The US Court of Appeals for the Federal Circuit determined that a contracting party that contractually abandoned any proprietary interest in a mark may still bring a cancellation action if it can “demonstrate a real interest...more

Bryan Cave Leighton Paisner

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

Foley Hoag LLP - Environmental Law

Did the 5th Circuit Just Make Standing Much More Difficult?

Last week, the 5th Circuit Court of Appeals vacated a $20M penalty imposed on ExxonMobil for Clean Air Act violations at its Baytown facility, remanding the case for a more particularized review by the District Court...more

Troutman Pepper

Federal Circuit Review - Issue 272

Troutman Pepper on

272-1 Federal Circuit Holds a New Invalidity Challenge at the ITC is not a Change in Condition that Enables the ITC to review the Validity of a Patent or Rescind an Exclusion Order - The Federal Circuit (Court) recently...more

Morris James LLP

Chancery Dismisses Challenge to Top Executives’ Stock Awards in Disney-Fox Merger, Finds Plaintiff Lacks Standing to Pursue...

Morris James LLP on

Brokerage Jamie Goldenberg Komen Rev TRU U/A 06/10/08 Jamie L Komen Trustee for the Benefit of Jamie Goldenberg Komen v. Breyer, C.A. No. 2018-0773-AGB (Del. Ch. June 26, 2020) - Following a merger that alters a...more

Kilpatrick Townsend & Stockton LLP

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

Kilpatrick Townsend & Stockton LLP

Fraud class actions: Ninth Circuit vacates $24 million class judgment on standing and predominance grounds

Takeaway: Class actions present significant risk, because a certified class exposes a class defendant to class-wide liability. Most defendants agree to settle rather than face the risk of a class verdict. But sometimes a...more

McDermott Will & Emery

Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision denying a petition for rescission of a general exclusion order (GEO) prohibiting importation of products accused of...more

Patton Sullivan Brodehl LLP

Ninth Circuit Weighs in on “Preemptive” Challenges to Lender’s Authority to Foreclose

Can a California real property owner challenge a lender’s authority to foreclose before a foreclosure sale has occurred?  It’s looking less likely with each new appellate opinion....more

Knobbe Martens

Proprietary Rights in a Mark Not Required for Standing at the TTAB

Knobbe Martens on

AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC - Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board - Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 10, 2020

Carlton Fields on

Real Property Update - Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more

Shearman & Sterling LLP

Delaware Court Of Chancery Dismisses Post-Merger Stockholder Challenge To Executive Incentive Compensation Stock Awards

On June 26, 2020, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed breach of fiduciary duty claims brought against former officers and directors of Twenty-First Century Fox, Inc. (“Old Fox”) in...more

Jones Day

Public Pension Beneficiaries Lack Standing to Bring Claims Against Investment Managers

Jones Day on

As we discussed in our previous Alerts, "Novel Suit by Kentucky Pension Beneficiaries Continues" and "Kentucky Court Holds That Public Pension Plan Beneficiaries Lack Standing to Sue," beneficiaries of Kentucky's public...more

Patterson Belknap Webb & Tyler LLP

Flushable Wipes, Take Three: The Second Circuit Gets Injunctive Standing Right, But Classwide Damages Models Wrong

As our readers know, we’ve kept a close eye on the “flushable wipes” litigation—known variously as Kurtz v. Costco and Belfiore v. Procter & Gamble—as it has bounced between Judge Weinstein’s courtroom in the Eastern District...more

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more

Bass, Berry & Sims PLC

Recent Decision Impacts Complete Successor-In-Interest Claims

Bass, Berry & Sims PLC on

We recently wrote about the impacts of mergers and acquisitions (M&A) on pending bids in Bloomberg Law and our GovCon & Trade Blog. A key point discussed in both articles is that a bidding company’s buyer may not have...more

International Lawyers Network

Recent Updates In Personal Data Regulation In Russia

THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT - The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users...more

McDermott Will & Emery

“Seams” Like Activity Giving Rise to Infringement Risk Supports Appellate Jurisdiction

Adding to its body of jurisprudence on standing to challenge an adverse final written opinion in inter partes review (IPR) proceedings, the US Court of Appeals for the Federal Circuit found a petitioner had constitutional...more

McDermott Will & Emery

GOOGLES Wins Right to Sue Google

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which...more

Seyfarth Shaw LLP

Tesla Scores Another Victory in Virginia and Deals a Blow to Representational Standing

Seyfarth Shaw LLP on

Overshadowed by the outbreak of the COVID-19 pandemic, Tesla in early March quietly racked up another win that will allow it to continue the direct sale of new motor vehicles to consumers in Virginia. On March 3, 2020, the...more

King & Spalding

Northern District of California Dismisses “Varsity Blues” Class Action Due to Lack of Standing.

King & Spalding on

On May 29, Judge Davila of the Northern District of California granted the defendants’ motion to dismiss two putative class actions filed against James Singer—the alleged perpetrator of the highly publicized “Varsity Blues”...more

Quinn Emanuel Urquhart & Sullivan, LLP

June 2020: Facebook, Cookies and Data Privacy: A Watershed Moment?

Data privacy issues continue to make headlines. A recent challenge concerned Facebook’s use of plug-ins to track users’ browsing histories when they visit third party websites. These browsing histories are compiled into...more

Zelle  LLP

Indirect Purchaser Antitrust Standing Heads In New Direction

Zelle LLP on

Defendants in indirect purchaser price-fixing and market allocation cases in federal court frequently challenge plaintiffs' claims for lack of antitrust standing. Relying on the U.S. Supreme Court decision in Associated...more

Bracewell LLP

Second Circuit Upholds Regulation BI

Bracewell LLP on

As we reported in a previous alert, Regulation Best Interest (“Regulation BI”) was recently challenged in the Second Circuit by seven states and the District of Columbia, as well as two groups of investment advisors. On...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2020 #3

This week’s case of the week deals with issues relating to obviousness and standing in a consolidated appeal of two final written decisions issued in inter partes review (“IPR”) proceedings before the Patent Trial and Appeal...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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