Along with the increasing volume of commercial disputes is the emergence of various issues that continue to reshape the commercial law landscape. In this LIVE Webcast, seasoned litigators Reginald L. Snyder (Taylor English Duma LLP) and Steven Barber (Steptoe & Johnson LLP) will bring the audience to a road beyond the basics of commercial litigation.
Policy changes continue to reshape trial practice before the Patent Trial and Appeal Board (PTAB). Some of the recent developments include expansion of the PTAB’s discretionary denial power, potential investigation of PTAB denials by the Congress, and judicial review of PTAB decisions following Thryv v. Click-to-Call.
Preference claims in bankruptcy litigation have long been a subject of concern among creditors. As significant cases continue to refine and expand this legal landscape, litigators must always expect the emergence of new complexities that may reshape how they defend their clients.
Challenges to mergers and acquisitions by US antitrust authorities spiked in 2019, with much attention paid to “nascent” competitive problems and vertical mergers. This was capped off by proposed Department of Justice (DOJ) and Federal Trade Commission (FTC) vertical merger guidelines, the first such guidelines issued since 1984. In addition, the DOJ has continued to express concern about merger remedies, leading to the DOJ’s attempt to stop the AT&T-Time Warner combination. The concern about remedies played another role in the court room, as one court engaged in an unprecedented expanded Tunney Act review of a merger consent order offered by the DOJ. And not to be outdone, the Attorney Generals of several states showed their dissatisfaction with the DOJ remedies in the T-Mobile/Sprint consolidation, bringing their own lawsuit to stop the deal.
In its continued effort to deter anticompetitive conduct and other violations affecting government procurement, the U.S. Department of Justice (DOJ) created the Procurement Collusion Strike Force in 2019. It is comprised of state and federal investigators and prosecutors mandated to investigate and prosecute all types of procurement collusions and other similar misconduct in government purchasing and programs.
In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees.
With the growing competition in the marketplace and the increasing number of antitrust claims, the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) continue to intensify its crackdown on anticompetitive conduct across all industries. The FTC recently announced the creation of an internal task force that would monitor and investigate potential antitrust violations arising in the technology markets.
Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.
Effective calculation of intellectual property damages is a crucial factor in any IP litigation. However, with significant court cases constantly shaping the process, several risk issues including apportionment analysis, royalty base issues, and damages calculation methodologies must be carefully considered to avoid unwanted risks and pitfalls.
Special-purpose acquisition companies (SPACs), also known as “blank-check companies,” have recently reemerged as a feasible acquisition vehicle for many private companies. The sole purpose of SPACs is to purchase other companies by raising capital through initial public offerings (IPOs).
In fall of 2019, a final rule to amend the "Volcker Rule" was approved by the Federal Reserve Board and other agencies charged with implementing the Volcker Rule. In January 2020, the agencies proposed further revisions to the covered funds provisions of the Volcker Rule, requesting comment by April 1, 2020.
The regulatory landscape for the cannabis industry continues to evolve as it reaches new heights both in the U.S. and Canada.
The implementation of anti-corruption programs has become more proactive over the past years. Multinational corporations have continued to prioritize investments with strong anti-corruption initiatives. Additionally, jurisdictions have taken significant measures to improve their legislative framework against bribery by requiring businesses to follow internal policies and regulations.
In May 2019, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published a framework for OFAC compliance. The core elements of the guidance are aimed at creating a tailored risk-based strategy to ensure sanctions compliance across an organization. It also outlines five components of a compliance program and it includes an appendix identifying the root causes of compliance breakdowns and deficiencies. To mitigate risks, it is imperative for companies to assess the adequacy of their OFAC compliance programs and to tailor them to target risks relevant to the business.
Initial coin offerings (ICOs) have become one of the most promising financing instruments today. Because of its considerable advantages, more startup companies are utilizing ICOs for investment opportunities and capitalization.
