Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.
By repealing the Professional and Amateur Sports Protection Act (PASPA) in a 6-3 decision last 2018, the Supreme Court cleared the way for U.S. federal states to legalize sports gambling. The act, which previously defined the legal status of sports betting in the U.S., was found unconstitutional on the grounds of states' rights. With the decision, states have been given the freedom to decide the legality and limitations of sports betting within their borders. However, with the ever changing legal climate, any initiative taken going forward will tremendously impact the industry as a whole.
Subrogation is the legal right of an insurer to recoup the amount of insurance claim it paid to a policyholder by suing the party responsible for the damages. However, many insurance companies miss the opportunities offered by subrogation as they often neglect to pursue their right, or they do so, but with ineffective subrogation practices.
Depositions are a crucial part of the pre-trial discovery in insurance coverage and bad faith litigation. It also involves nuances distinctive to insurance law, such as the legal complexities brought by Rule 30(b)(6), which litigators need to be well-versed in. Successful management of litigation deponents is a significant step to prevailing in the case, hence, thoughtful strategies need to be put in place.
What's new in trademark law in the age of COVID-19? Join seasoned trademark law experts, Stephen Jadie Coates (Coates IP) and Maureen Shannon (Rivian Automotive), as they discuss how the ramifications of the pandemic has impacted the practice of trademark law and their perspective on such changes. Speakers will also discuss recent cases and upcoming regulatory changes. They will also provide the audience with practical strategies for managing trademark issues in a rapidly evolving legal climate.
In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.
Mandatory reporting laws in the U.S. require human service professionals, lawyers, and other practitioners to report known or suspected cases of child abuse and neglect. However, mandated reporters are often confronted with myriad of legal and ethical dilemmas rooting from the opposing principles when negotiating the individual rights of children and parents. Thus, it is essential that practitioners have an in-depth understanding of the governing legal and ethical guidelines for the mandated reporting of child abuse cases to avoid red flags.
With the evolving regulatory and compliance landscapes, class action litigation has significantly raised specific legal challenges and vulnerabilities to businesses across industries. In addition, although courts are generally adjusting the rules applicable to the concerns of class action lawsuits, several unsettled and divergent viewpoints can vastly cause critical issues and complications in this complex and multifaceted area of law.
Regulatory uptakes on anti-competitive restrictions in labor markets is expected to ramp up with the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) in the lead. Recently, the DOJ filed Statement of Interest on several pending cases to provide courts with significant guidance on the analysis of “no-poach” agreements and clarified that alleged cases of “no-poach” agreements do not automatically warrant per se review.
Today's legal landscape presents a higher degree of complexity and challenges for antitrust class action certifications. Several legal and economic issues that require crucial understanding and analysis of the law pose risks for businesses and practitioners alike. Furthermore, with the recent decisions and ongoing court cases constantly shifting the process, it is becoming more imperative for companies and their counsel to be conversant with the latest trends and developments in class certification rules and provisions.
Effective management of patent portfolios can substantially boost a company’s bottom line. Businesses can realize their patent portfolio’s value more if they have a sound management plan.
The U.S. Securities Exchange Commission (SEC) continues its scrutiny on cryptocurrencies. In its January 7 announcement, SEC’s Office of Enforcement Inspections and Examinations (OCIE) added fintech, including digital assets, to its annual priority list in the coming fiscal year. In line with this, the division will continue to prioritize the analysis of certain activities and products which are believed to pose risks to investors as well as the reputation of the U.S. capital markets. Examinations of these focus areas are designed to support the SEC's mission to protect investors, promote capital formation, and keep markets fair and effective.
Data breaches in the U.S. have shown no signs of slowing down in the last several years, neither have the wave of class action cases associated with these. Recent breaches include some of the largest companies such as LifeLabs, Yahoo, Equifax, and Google LLC. Such breaches, as well as the infringements incorporated with it, can impose tremendous burdens on banks and credit card companies that have to respond to a flood of fraud claims and canceled cards.
Inter Partes (IPR) and Post Grant Reviews (PGR) have become an essential part of the patent litigation battlefield. With Patent Office priorities and Federal Circuit decisions such as Arthrex, Inc. v. Smith & Nephew, Inc. constantly changing the landscape for these proceedings, it is imperative for all patent litigants to be well-versed with recent Federal Circuit decisions as well as recent decisions that the Patent Office has designated Precedential or Informative.
Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising, class action cases, and many other types of litigation. Yet despite the success of surveys in bringing about favorable settlements, many attorneys are still not familiar with the basics of consumer surveys and how they can be used.
