Mondaq USA: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
BakerHostetler
In collective actions under the FLSA, courts typically apply a lower standard to the first "conditional certification" stage. In some cases
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Solutran, Inc. v. Elavon, Inc., Nos. 2019-1345, -1460 (Fed. Cir. July 30, 2019), the Federal Circuit reversed the district court's patent-eligibility finding and held Solutran's U.S. Patent No. 8,311,945 not patent...
Reed Smith
Issued in January 2018, the so-called Brand Memo reminded Department of Justice (DOJ) attorneys that "[g]uidance documents cannot create binding requirements that do not already exist by statute or regulation."
Fish & Richardson PC
This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of various substantive orders issued in pending cases
Ford & Harrison LLP
Within the past week or so, I started to watch an Amazon Studios television series called The Boys. Based on a comic book series of the same name, The Boys posits a world in which superheroes
Sheppard Mullin Richter & Hampton
Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, "no-poach" agreements
Duane Morris LLP
Sooner or later, nearly every white collar defense attorney will represent a witness subpoenaed to testify before a federal grand jury. It is well settled in most circuits that federal
Wilson Elser Moskowitz Edelman & Dicker LLP
In a landmark decision, a Pennsylvania jury ruled in favor of the defendant National Collegiate Athletic Association (NCAA) in the first sports concussion case tried to verdict. In a 10−2 decision
Seyfarth Shaw LLP
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class
Sheppard Mullin Richter & Hampton
Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws...
Proskauer Rose LLP
The Third Circuit recently issued an important decision for private fund advisors who serve on corporate boards.
Thompson Coburn LLP
The name of the owner of each reporting mark is publicly available.
Caplin & Drysdale
Count One charges the defendants with conspiracy to violate FARA.
Foley & Lardner
In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort...
Ropes & Gray LLP
District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel.
Sheppard Mullin Richter & Hampton
The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the "Project")
Ropes & Gray LLP
On August 8, 2019, a panel of the Ninth Circuit Court of Appeals affirmed a California district court's decision allowing plaintiffs to proceed on claims against Facebook
Seyfarth Shaw LLP
In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and...
Wolf, Greenfield & Sacks, P.C.
The Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "yoga blocks," finding the proposed mark to be de jure functional and therefore
Sheppard Mullin Richter & Hampton
In the last few months, a handful of class actions have been filed challenging label claims regarding the treatment of the animals providing the food item in question. This appears to be a new food
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Morrison & Foerster LLP
The Supreme Court's recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC [1] clarifies that a debtor-licensor's rejection of a trademark license under § 365(a) ...
Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Wolf, Greenfield & Sacks, P.C.
The Board dismissed this petition for cancellation of Roman Atwood's registration for the mark SMILE MORE for various goods (stickers, backpacks, shirts) and for retail store service featuring clothing, denying petitioner's claim that the term fails to function as a mark.
Butler Snow LLP
Many state legislatures across the country have enacted statutory measures to limit the amount of compensatory and/or punitive damages recoverable ...
Holland & Knight
The Centers for Medicare & Medicaid Services (CMS) on Nov. 1, 2018, published the Calendar Year (CY) 2019 Final Rule for the Medicare Physician Fee Schedule (PFS).
Reed Smith
We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL.
Gibson, Dunn & Crutcher
This edition of Gibson Dunn's Federal Circuit Update summarizes the Supreme Court's recent decisions in cases appealed from the Federal Circuit as well as key filings for certiorari or en banc review
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Scott Blair appeals from a final decision from the PTAB finding the challenged claims of U.S. Patent No. 6,700,602 ("the '602 patent") invalid as obvious.
Arnold & Porter
In June, the US Supreme Court held in Knick v. Township of Scott that property owners may file an inverse condemnation claim in federal court as long as they base their claim on the Fifth Amendment.
Reed Smith
Today we bring you a terrific Daubert defense win. But, we'll be honest it's long. Really long. Thorough, but long. So, we're going to hit the highlights.
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