Searching Content indexed under Sovereign Immunity: Public Sector Government by Morrison & Foerster LLP ordered by Published Date Descending.
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Courts Eliminate Rights And Immunities Of Governments In PTAB
Recently, the Federal Circuit issued a series of decisions that address the rights and immunities that the federal and state government have when they become party to a post-grant...
United States
22 Jul 2019
OFAC Delists Oligarch Companies Over Congressional Objections
On Sunday, the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) announced that it lifted sanctions on three entities associated with Russian oligarch Oleg Deripaska ...
United States
1 Feb 2019
SEC Division Of Corporation Finance Guidance For A Potential Government Shutdown
The SEC will be closed on December 24th and 25th in observance of the holiday.
United States
3 Jan 2019
November 2018 Bid Protest Roundup
For this month's bid protest roundup, we have identified four diverse bid protest decisions coming out of the Government Accountability Office ("GAO") and the U.S. Court of Federal Claims
United States
10 Dec 2018
What Are The Top Hatch-Waxman And BPCIA Developments For October 2018?
This month we highlight a new law requiring notification to the Federal Trade Commission and Department of Justice of biosimilar litigation settlements and perhaps the end of a long-running Mylan venue dispute in Delaware.
United States
9 Nov 2018
A Deal You Can't Refuse: North American Landscaping And Voiding A Signed Release Because Of Duress
As a general rule, when a contractor signs a full settlement and release with respect to a dispute with the Government, the dispute is considered settled, and the Government is released...
United States
19 Oct 2018
What Are The Top Hatch-Waxman And BPCIA Developments For July 2018?
This month, we highlight significant developments from July 2018, including the FDA's Biosimilar Action Plan for "reducing gaming of FDA requirements or other attempts to unfairly delay competition" ...
United States
28 Aug 2018
Supreme Court Holds That The FSIA Does Not Limit Post-Judgment Discovery
The Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA.
United States
3 Jul 2014
Communications Law Bulletin -- March 2006
In this issue: The Month in Brief, Hold Placed on Nomination of Telecom Lawyer Robert McDowell to the FCC Following Endorsement by the Senate Commerce Committee, Congress Continues to Mull Data Broker Bills, AT&T-BellSouth Merger Announced, Video Competition Developments, Broadcast Developments, Legislative Developments, State Activities, Upcoming Deadlines for Your Calendar.
United States
3 May 2006
First Circuit Decision Reminds Trademark Owners of the Importance of Claiming Incontestability for Registered Trademarks
The First Circuit’s recent decision in Borinquen Biscuit Corp. v. M.V. Trading Corp., 2006 U.S. App. LEXIS 8206 (1st Cir. April 4, 2006), illustrates the importance of filing Section 15 affidavits to claim incontestable status for trademarks that have been registered for more than five years.
United States
3 May 2006
Communications Law Bulletin February 2006
February saw continued fallout from the deceptive practices of online "data brokers," strong action by the Federal Communications Commission ("FCC" or "Commission") Enforcement Bureau, and developments affecting cable television, broadcasting and other segments of the communications industry. All of those events are covered in this February issue of our Bulletin, along with the usual list of deadlines for your calendar.
United States
1 Mar 2006
Communications Law Bulletin – January 2006
January, 2006, brought the Federal Communications Commission ("FCC" or "Commission") closer to a full complement of commissioners and saw new developments on a number of fronts, including Net neutrality and the vexing problem of misappropriation of customer information by so-called "data brokers."
United States
20 Feb 2006
Communications Law Bulletin - December 2005
In Washington, the dawning year wears a gray and dispirited aspect. The Federal Communications Commission faces 2006 with two new commissioners, but no relief from its Republican-Democratic split in sight. The telecommunications industry, after a frantic round of consolidations, opens its first year in decades without the old MCI and AT&T astride the vanished interexchange telephone service marketplace. In the meantime, technology and the smart money continue to move in the direction of broadban
United States
10 Jan 2006
The Antitrust Modernization Commission Releases Timetable for Conducting Hearings and Requesting Comments on Potential Revisions to Antitrust Laws
On March 31, 2005, the Antitrust Modernization Commission ("Commission"), as part of its statutory mandate to examine whether the U.S. antitrust laws need to be modernized, released a projected timetable for the remaining two years of its work, which will culminate in the issuance of a report to Congress and the President in April 2007.
United States
7 Apr 2005
Federal Circuit Reaffirms Rule that Patent Raises Rebuttable Presumption of Market Power
The Federal Circuit recently reaffirmed the unique – most would say antiquated – rule that possession of a patent raises a rebuttable presumption of market power in a tying case under Sherman Act § 1. Independent Ink, Inc. v. Illinois Tool Works, Inc., No. 04-1196, 2005 U.S. App. LEXIS 1205 (Fed. Cir. 1/25/2005)
United States
8 Feb 2005
Ninth Circuit Issues Third in a Series of Decisions Solidifying FERC’s Exclusive Jurisdiction Over Wholesale Electricity Markets
Coming on the heels of two recent opinions affirming FERC’s exclusive jurisdiction over wholesale power markets, on September 10, 2004, the Ninth Circuit Court of Appeals issued its decision in Pub. Util. Dist. No. 1 of Snohomish County v. Dynegy Power Marketing, Inc., No. 03-55191, 2004 U.S. App. LEXIS 19045 (Sept. 10, 2004), affirming the dismissal of Snohomish’s claims against various traders of wholesale electricity for violations of California’s antitrust and unfair competition laws as pree
United States
19 Oct 2004
The European Commission’s Microsoft Decision
In its Decision of 24 March 2004, the European Commission found Microsoft guilty of abusing Article 82 of the EC Treaty by withholding from competitors information required to permit interoperability between the Windows PC and server operating systems and other operating systems, and by bundling Media Player with the PC operating system. By way of remedy, it ordered Microsoft to supply specified interface information to competitors, to offer a version of Windows without a media player as well as
European Union
17 May 2004
Ninth Circuit Finds Electricity Supplier Immune from Liability for Alleged Refusal to Wheel
A recent decision of the Ninth Circuit United States Court of Appeals assessed the scope of an electricity supplier’s state action immunity from liability under federal antitrust law
United States
18 Feb 2004
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