News & Analysis as of

Venue

Womble Bond Dickinson

Fifth Circuit Clarifies Standard for Venue Transfer: What it Means for Texas Patent Litigants

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Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in...more

Ballard Spahr LLP

CFPB files its reply brief in support of the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber and transfer the case to D.D.C.

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On August 19, 2024, the CFPB filed its reply brief in support of the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and, if granted, transfer the case to the...more

American Conference Institute (ACI)

Making Victims Whole in a Multi-Jurisdictional Civil Fraud Case

Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more

WilmerHale

2024 Trade Secret Update: A Look at Recent Trade Secret Developments & Trends

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On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

Strafford

[Webinar] Drafting Asset Purchase Agreements: Reps, Warranties, Covenants, Conditions, Indemnity, and Other Provisions - July...

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This CLE course will guide deal counsel in drafting and negotiating asset purchase agreements. The panel will discuss legal considerations when negotiating representations and warranties, indemnities, covenants, closing...more

Pullman & Comley, LLC

Location, Location, Location: Connecticut Legislature Clarifies Venue Rules

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Public Act 24-108, passed at the conclusion of Connecticut’s 2024 Legislative Session and signed into law by Governor Lamont on June 4, brings needed statutory clarity to where a business entity may initiate a lawsuit in...more

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

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On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more

Marshall Dennehey

Pennsylvania Superior Court Discounts Big-Box Retail Sales for Determining Venue

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Key Points: Superior Court decision in Walton v. Baby Trend provides relief from pro-plaintiff venue decisions. For court venue purposes, where a company does regular business does not include its product sales in big-box...more

Ballard Spahr LLP

Fifth Circuit relinquishes jurisdiction to Federal District Court Judge Pittman in credit card late fee rule case

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On Friday May 24, in response to the CFPB’s motion requesting the Fifth Circuit to accelerate the issuance of its mandate from July 9, 2024 with respect to its earlier dismissal of the plaintiffs’ appeal, the Fifth Circuit...more

McDermott Will & Emery

Patent Venue: VENUE Act Would Expand Scope of Venue

As part of proposed legislation intended to address several procedural issues related to judicial proceedings, a recent section titled the Venue Equity and Non-Uniformity Elimination Act of 2024 (VENUE Act) seeks to expand...more

Farrell Fritz, P.C.

Check Your Clauses: An Interesting Tale of the Missing Forum Selection Clause

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Whether in employment agreements or business transactions, drafters often include certain clauses within these documents to protect their client if litigation arises (e.g., arbitration clauses, forum- selection clauses)....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024

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The NCAA and the Power 5 conferences have told a CA federal judge that the “highly varied and diverse ways” schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class...more

Ballard Spahr LLP

Judicial Conference issues policy regarding random assignment of judges

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On March 12, 2024, the Judicial Conference of the United States (“Judicial Conference”) announced that, in an effort to limit the ability of litigants to select judges in certain cases based on where they file lawsuits, it...more

Troutman Pepper

State Antitrust Enforcement Venue Act: Recent Updates

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Just over a year has passed since President Biden signed the State Antitrust Enforcement Venue Act (the State AG Venue Act or Act) into law, and state attorneys general (AG) have already taken advantage of the law’s...more

Kilpatrick

4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

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Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Spotlight Series with Daniel Block

In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow....more

Faegre Drinker Biddle & Reath LLP

How to Succeed in Business (in Philadelphia) Without Really Trying (Your Case There, Because Venue Isn’t Proper)

Venue rulings in Pennsylvania affect many defendants in products cases. Those incorporated here, and those sued on allegations that their products caused harm here, of course. And, for now at least, it includes corporate...more

Troutman Pepper

The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs

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A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident....more

Lathrop GPM

Maryland Federal Court Recertifies Class Action Against Hotel Franchisor for Claims Related to Data Breach

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A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more

Marshall Dennehey

Pennsylvania Supreme Court Loosens Venue Rules Further

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On November 22, 2023, the Pennsylvania Supreme Court issued its much-anticipated opinion in Hangey v. Husqvarna Professional Products, Inc., affirming the Superior Court’s polarizing decision. Hangey makes it easier for...more

Troutman Pepper

EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens

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It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of local defendants. A...more

Winstead PC

Texas Court Holds That Venue Is Appropriate In County Where The Trustee Resided Under The Texas Trust Code, Which Trumps Other...

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In Parker v. Filip, a trust owned a limited partnership interest and the partnership owned real property in Fayette County, Texas. No. 14-23-00372-CV, 2023 Tex. App. LEXIS 6976 (Tex. App.—Houston [14th Dist.] August 31, 2023,...more

WilmerHale

Managing ANDA Venue Issues As Del. And NJ Filings Rise

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In 2023, pharmaceutical patent owners filed nearly 250 infringement complaints against generic drug manufacturers. More than 90% of those cases were filed in the Districts of Delaware or New Jersey. This year's filings...more

White and Williams LLP

Supreme Court of Pennsylvania Discards Long-Standing Percentage Revenue Test for Assessing Venue But Its Application to Healthcare...

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Last week, the Supreme Court of Pennsylvania issued yet another opinion making it easier for plaintiffs to choose preferred venues to sue corporations. Continuing a trend that has emerged over the last several years, the...more

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