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Searching Content indexed under Litigation, Mediation & Arbitration by Fenwick & West LLP ordered by Published Date Descending.
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1
Five Steps To Mitigate CCPA Class Action Risk: What Companies Need To Do To Increase Data Security
While many companies and service providers are spending significant time and budget on the privacy-related requirements of the forthcoming California Consumer
United States
26 Aug 2019
2
Eighth Circuit Finds No Duty For Retailers To Safeguard Personal Data Of Customers
Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims
United States
12 Jun 2019
3
Trademarks: How (Not) To Strip The Leather Jacket Off The Biker's Back
The Central District Court of California has held that the First and Eighth Amendments protect the trademark-registered emblems of the Mongol Nation motorcycle club from forfeiture.
United States
11 Apr 2019
4
SCOTUS Sees Copyright Registration As Prerequisite For Infringement Claim In Fourth Estate Case
In a unanimous decision this month, the U.S. Supreme Court held that a copyright claimant cannot sue for infringement until the U.S. Copyright Office
United States
2 Apr 2019
5
What's Going On With Securities Class Action And Derivative Litigation?
Fenwick securities enforcement co-chair Susan Muck talked about the latest in securities class action and derivative litigation at the 2019 PLUS D&O Symposium in New York.
United States
21 Feb 2019
6
What's In A Name? Maybe More In Rihanna Than Phyllis Schafly
Fenwick trademark litigation partner Eric Ball spoke to Bloomberg Law about cases involving individuals confronting their famous family members over trademark rights to the family name...
United States
20 Feb 2019
7
Federal Circuit Affirms PTAB Decision Upholding UCB's Patent Covering Toviaz
Law360 reported that the U.S. Court of Appeals for the Federal Circuit upheld the PTAB's decision that UCB Pharma GmbH's patent covering the drug Toviaz® was correctly upheld in an IPR challenge from...
United States
20 Feb 2019
8
Full Federal Circuit Defers Addressing Venue Based On Presence Of Servers In District
On February 5, 2019, in a per curiam order, the United States Court of Appeals for the Federal Circuit denied Google's petition for rehearing en banc, and deferred for another day the question of whether the presence of hardware ...
United States
18 Feb 2019
9
Five Steps To Help Reduce Risk Of Using Biometrics Following Illinois Supreme Court BIPA Ruling
The ruling is also likely to make predominance and typicality challenges to class actions more difficult for defendants.
United States
4 Feb 2019
10
Can A Server Be A Regular And Established Place Of Business? Examining The SEVEN Networks Decision
Under the patent venue statute, 28 U.S.C. § 1400(b), a patent suit may be brought in a "judicial district where the defendant resides, or where the defendant has committed acts ...
United States
24 Jan 2019
11
Beating A DTSA Claim Does Not Necessarily Mean Recovery Of Attorneys' Fees
Absent an agreement to the contrary, the dismissal of a statutory cause of action providing for attorneys' fees to the prevailing party ...
United States
24 Jan 2019
12
Online Publishers Beware: An iPhone Snap May Go Viral, But Unauthorized Commercial Use Is Still Not Fair Use
When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party.
United States
24 Jan 2019
13
A Strategic Look At Champerty And Third-Party Litigation Financing
Third-party litigation financing is a topic of increasing interest. The practice has become more common, and federal courts as well as the U.S. Patent Trial and Appeal Board
United States
24 Jan 2019
14
Supreme Court Reinforces Enforceability Of Delegation Clauses In Arbitration Agreements
Last week, the U.S. Supreme Court held unanimously that when an arbitration delegates gateway issues of arbitrability to the arbitator to decide ...
United States
21 Jan 2019
15
Pennsylvania High Court's Dittman Ruling Makes It Harder To Dismiss Data Breach Actions
The Pennsylvania Supreme Court recently held that employers have "a legal duty to safeguard" the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine allows plaintiffs to recover purely pecuniary damages on a negligence claim "provided that [they] can establish the defendant's breach [of that duty]."
United States
2 Jan 2019
16
Delaware Court Of Chancery Rules That Companies Cannot Require Litigation Of 1933 Act Claims In Federal Court
The Delaware Court of Chancery ruled today that Delaware corporations do not have the power to use charter or bylaw provisions to require that claims under the Securities Act of 1933
United States
28 Dec 2018
17
Seven Questions For The USPTO Following The Berkheimer Memorandum
Hot on the heels of the Federal Circuit's April ruling in Berkheimer v. HP, the U.S. Patent and Trademark Office issued a memorandum.
United States
5 Nov 2018
18
Is ‘Zero' Generic Or Descriptive? Coca-Cola Loses Battle On Appeal To Federal Circuit
If you have ever had a Coke Zero, what do you understand ZERO to mean – "zero calories," "zero sugar," "zero carbohydrates" or some combination of each?
United States
5 Nov 2018
19
Akorn V. Fresenius: Important Practical Lessons From First-Ever Material Adverse Effect
On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect ...
United States
29 Oct 2018
20
Yahoo's $80 Million Securities Class Action Settlement Stemming From Data Breach An Outlier, But Reinforces Potential Viability Of Similar Securities Suits
Fenwick securities enforcement co-chair Michael Dicke spoke with The Recorder about the $80 million settlement that Yahoo Inc.—now known as Altaba—reached to settle claims that the company...
United States
12 Oct 2018
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