On 16 October 2023, the UPC Court of Appeal issued its first ever decision and addressed two interesting procedural issues resulting from the situation where a Statement of claim is served without the documents it refers to...more
Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four questions to the CJEU for a preliminary ruling....more
If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation...more
In Oliver v. Brown & Morrison, Ltd., 2022 NCBC 16, the Business Court weighed a challenge to an allegedly “sprawling, 247-paragraph Complaint, largely padded by needless detail” that defendants claimed violated Rule 8(a)’s...more
Not too long ago, I wrote a piece complaining about (among other things) the fact that the potential arbitrators that FINRA rolled out to the parties in a particular arbitration I was handling skewed juuuuuuust a bit towards...more
Following Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the “Decree”), which effectively (i) abolished the Emirates Maritime Arbitration Centre and the DIFC Arbitration Institute (under which...more
On May 5, 2021, the Federal Court dismissed a motion by Biomarin Pharmaceutical Inc (Biomarin) to amend its Statement of Claim to allege infringement of two patents that had not been asserted within the 45-day deadline...more
We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called...more
I have blogged before about hold recommendations. Surprisingly – at least to me – the statistics I get from the publisher of this blog reveal that more people have read that particular post than anything else I have written...more
AML Scandals Seem to Inevitably Spawn Investor Lawsuits - As we recently blogged, Westpac, Australia’s second-largest retail bank, has been embroiled in a scandal arising from approximately 23 million alleged breaches of...more
This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more
In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more
As I have mentioned before, several times, PIABA is deathly concerned with the fact that sometimes customers who prevail in arbitrations are unable to collect their awards, which typically happens when the respondent firm...more
Nearly ten years ago, FINRA decided to update its old suitability rule, NASD Rule 2310. It had been around a long time, and while it seemed to work fine, FINRA decided to incorporate into the new amended rule – FINRA Rule...more
The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation...more
When coverage is at issue, the interplay between a policy’s language and an insurer’s duties under the Claims Administration Statute, Florida Statute Section 627.426, becomes a key factor in claims handling for insurers. In...more