Searching Content indexed under Trials & Appeals & Compensation by Akin Gump Strauss Hauer & Feld LLP ordered by Published Date Descending.
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California Legislature Passes Landmark Worker Classification Legislation
On September 10, 2019, the California State Legislature passed AB 5, which codifies the "ABC test" in Dynamex Ops.
United States
19 Sep 2019
Federal Circuit: Statutory Disclaimer Results In No Case Or Controversy
The Federal Circuit ruled that statutory disclaimer terminates the case or controversy between the parties in an infringement suit as to those claims
United States
10 Sep 2019
No Estoppel In District Court On Prior Art That Differs Substantively—And In A Manner Germane To Invalidity—From That Asserted In IPR
A Central District of California judge has clarified his prior ruling on summary judgment that estoppel under 35 U.S.C. § 315(e)(2) that applies to certain
United States
10 Sep 2019
11th Circuit Holds That Single Unwanted Text Message Does Not Confer Standing
In Salcedo v. Hanna, the court found that a single text message sent in alleged violation of the TCPA does not result in concrete injury required by Article III.
United States
6 Sep 2019
Upper Tribunal Overturns Decision On Tax Treatment Of Management Fee Rebates
The Upper Tribunal (UT) has found that amounts paid by Hargreaves Lansdown (HL) (an investment platform service provider) to its customers, which represented rebates received from investment fund managers, were "annual...
2 Sep 2019
Anti-Arbitration Injunctions: The Implications Of Sabbagh vs Khoury
In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have
29 Aug 2019
The English Court Of Appeal Applies 'But For' Test To "Force Majeure Clause" – FIDIC's "Exceptional Events" Now Under Threat?
International Construction Arbitration has received a shock. Consistent with the leading textbooks
15 Aug 2019
Fifth Circuit Upholds Indian Child Welfare Act As Constitutional
On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations ("the Final Rule")...
United States
14 Aug 2019
IAM Publishes Rachel Elsby Article On Federal Circuit Ruling In Doctrine Of Equivalents Case
IAM has published "CAFC creates blueprint for early stage challenges to claims brought under doctrine of equivalents,"
United States
9 Aug 2019
California Supreme Court Revises Ascertainability Prerequisite To Class Certification
In a significant ruling this week, the California Supreme Court addressed the extent to which a proposed class must be ascertainable to be certified for class treatment under section 382 of the California Code of Civil Procedure.
United States
8 Aug 2019
PTAB: Informal Delivery Of Complaint Does Not Start One-Year Clock For Filing IPR
A Patent Trial and Appeal Board (PTAB or Board) panel has determined that emailing a proposed amended complaint is not "service of a complaint" under 35 U.S.C. § 315(b).
United States
8 Aug 2019
Ninth Circuit Upholds Renewable Energy Developers' PURPA Rights
On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit ("Ninth Circuit") issued a decision in Winding Creek Solar LLC v. Peterman affirming a district court's
United States
5 Aug 2019
Ninth Circuit Withdraws Opinion On Dynamex Retroactivity
The Ninth Circuit has withdrawn its May 2, 2019, opinion in Vazquez v. Jan-Pro Franchising Int'l, Inc., in which it held that the California Supreme Court's Dynamex decision
United States
30 Jul 2019
Nearly Identical Petitions Fail Under Both Post-Grant Review And Inter Partes Review Standards
The Patent Trial and Appeal Board (PTAB) has denied a petitioner's request for inter partes review (IPR) finding that petitioner failed
United States
5 Jul 2019
Supreme Court Strengthens Protection Of Confidential Business Information Submitted To Federal Agencies
Food Marketing Institute v. Argus Leader Media, decided June 24, 2019 by the Supreme Court, substantially expands the Freedom of Information Act exemption for confidential business information.
United States
4 Jul 2019
Three Years After Escobar: Lessons Learned Regarding Plaintiffs' Efforts To Neutralize Escobar And Opportunities This Practice Raises For Defendants
Approximately three years ago, a unanimous Supreme Court decided Universal Health Servs. v. United States ex rel. Escobar.
United States
3 Jul 2019
Preserving Privilege Post-Merger
The Delaware Court of Chancery recently upheld a provision in a merger agreement that prevented the buyer from using privileged emails between the seller and its attorneys in post-closing litigation
United States
24 Jun 2019
PTAB: Reexamination Does Not Reset The One-Year Deadline For Filing A Petition For Inter Partes Review
The Patent Trial and Appeal Board has denied a Petitioner's request for institution of inter partes review (IPR) of claims that were added during ex parte reexamination because it found the IPR petitions were time-barred under § 315(b).
United States
19 Jun 2019
In Texas Lawyer Article, Akin Gump Litigators Recount Experience Working At Dallas DA's Office
Texas Lawyer has published the article "6 Litigation Lessons Learned From Our Time as Temporary Prosecutors
United States
14 Jun 2019
INSIGHT: Stabilizing The Software Patent Field
Section 112(f) of the U.S. Patent Act allows patentees to claim their invention as a means for performing a certain function—a method commonly employed by inventors in the software space
United States
7 Jun 2019
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