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  • April 22, 2014

    Justices' Heads In The Cloud During Aereo Hearing

    U.S. Supreme Court justices grilled attorneys for both Aereo Inc. and the big broadcasters Tuesday, expressing strong skepticism about the legality of the streaming service but also pushing the networks to explain how the court could avoid a ruling in the copyright battle that harms cloud computing.

  • April 22, 2014

    High Court Upholds Mich.'s Affirmative Action Ban

    A divided U.S. Supreme Court on Tuesday upheld a Michigan law that banned affirmative action programs for university admissions, reversing a narrow Sixth Circuit decision holding that the voter-approved ban ran afoul of the U.S. Constitution's equal protection clause.

  • April 21, 2014

    SAP Can't Quash Versata's $391M Patent Win

    A Texas federal judge on Monday denied a request by SAP America Inc. to vacate a $391 million patent infringement judgment for Versata Software Inc. after SAP won a ruling from the U.S. Patent and Trademark Office invalidating the patent-in-suit under the America Invents Act.

  • April 21, 2014

    High Court Won't Hear Exxon's $105M MTBE Appeal

    The U.S. Supreme Court on Monday declined to hear Exxon Mobil Corp.'s appeal of a $105 million jury verdict for polluting New York City's groundwater with the gasoline additive methyl tertiary-butyl ether, leaving in place a Second Circuit decision upholding the verdict. 

  • April 18, 2014

    Stock Exchanges Hit With High-Frequency Trades Class Action

    The city of Providence, R.I., hit the Nasdaq Stock Market LLC and several other registered public stock exchanges, banks and brokerage firms with a proposed securities class action in New York federal court on Friday, accusing the defendants of manipulating the U.S. securities markets.

  • April 18, 2014

    Obama Punts On Keystone Decision, Citing Neb. Route Row

    The Obama administration said Friday that it's extending its review of the Keystone XL pipeline, citing uncertainty over the controversial pipeline's route after a Nebraska state judge invalidated the Cornhusker State's portion of the route in February.

  • April 18, 2014

    7th Circ. Nixes Another Challenge To Wis. Bargaining Law

    The Seventh Circuit ruled Friday that a Wisconsin law that gutted government workers' collective bargaining rights didn't run afoul of the U.S. Constitution, marking the second time the appeals court has rejected a constitutional challenge to the Badger State's controversial Act 10.

  • April 17, 2014

    Apartheid Abuse Suits Revived Against Ford, IBM

    A New York federal judge on Thursday revived claims that Ford Motor Co. and IBM Corp. aided and abetted apartheid-era South Africa by selling the government military vehicles and computers, ruling that corporations could be held liable under the Alien Tort Statute.

  • April 17, 2014

    SEC Says BP Oil Spill Responder Dumped Stock Amid Crisis

    The U.S. Securities and Exchange Commission on Thursday accused a former BP PLC employee of trading shares of the energy giant during the 2010 Deepwater Horizon oil spill based on inside information about the extent of the disaster.

  • April 16, 2014

    BofA Ponies Up $950M To End Insurer's RMBS Row

    Saddled with costly legal woes since its troubled takeover of Countrywide Financial Corp. in 2008, Bank of America Corp. said Wednesday it will pay as much as $950 million to settle Financial Guaranty Insurance Co.'s claims over residential mortgage-backed securities that went bust during the financial crisis.

  • April 16, 2014

    GM To Ask Bankruptcy Judge To Bar Defect Claims

    General Motors said Tuesday it will ask a bankruptcy judge to bar plaintiffs in litigation related to the automaker's ignition switch defect debacle from bringing their claims, saying the 2009 sale order that allowed it to exit bankruptcy protects it from such actions.

  • April 15, 2014

    Apple Must Face State AGs' E-Book Damages Trial

    Apple Inc. can't dodge a bid by more than 30 state attorneys general to obtain enhanced damages on behalf of consumers for the technology giant’s alleged conspiracy with publishers to fix e-book prices, a New York federal judge ruled Tuesday, finding that the authorities have standing to pursue damages.

  • April 15, 2014

    DC Circ. Upholds EPA Mercury Air Toxics Rule

    The D.C. Circuit on Tuesday upheld the Obama administration's landmark rule limiting mercury and other toxic emissions from coal- and oil-fired power plants, rejecting claims by industry and other groups that the rule would lead to skyrocketing electricity prices and devastate the coal industry.

  • April 14, 2014

    Myriad Loses Fed. Circ. Bid For Quick Cancer Test Appeal

    Myriad Genetics Inc.'s fight to block the sales of Ambry Genetics Corp.'s cancer-testing products and defend a slew of its patents that were at the center of a high-profile U.S. Supreme Court ruling last year will have to wait its turn, the Federal Circuit ruled Monday.

  • April 11, 2014

    Obama Taps OMB Chief Burwell To Lead HHS

    President Barack Obama on Friday tapped White House Office of Management and Budget Director Sylvia Mathews Burwell to lead the U.S. Department of Health and Human Services, following the surprise resignation of outgoing HHS Secretary Kathleen Sebelius.

  • April 10, 2014

    SAC Wins Approval For Landmark $1.2B Insider Trading Pact

    A New York federal judge on Thursday accepted SAC Capital Advisors LP's guilty plea to insider trading charges as part of a historic $1.2 billion settlement with U.S. authorities.

  • April 9, 2014

    Judge Questions SEC 'No-Admit' Pact With Ex-SAC Analyst

    A New York federal judge recently pressed the U.S. Securities and Exchange Commission to explain its decision to settle an insider trading case against former SAC Capital Advisors LP analyst Ronald Dennis without requiring him to admit or deny wrongdoing.

  • April 9, 2014

    HP Pays $108M To Settle FCPA Actions By SEC, DOJ

    Hewlett-Packard Co. on Wednesday said it has agreed to a $108 million settlement of criminal and civil actions that allege it violated the Foreign Corrupt Practices Act by bribing government officials in Russia, Poland and Mexico in order to secure lucrative public contracts.

  • April 9, 2014

    6th Circ. Upholds Kaplan Win In EEOC Credit Check Suit

    The Sixth Circuit on Wednesday affirmed a decision nixing the U.S. Equal Employment Opportunity Commission's lawsuit alleging Kaplan Inc.'s use of credit checks in hiring disproportionately affected blacks, saying that an Ohio federal court had correctly excluded the agency's expert testimony.

  • April 8, 2014

    Samsung's Infringement Cost Apple $2.2B, Expert Tells Jury

    Samsung Electronics Co. Ltd. siphoned $2.19 billion in profits and potential royalties from Apple Inc. by infringing five “ease of use” iPhone patents at a critical moment when many consumers were buying their first smartphones, Apple's damages expert told a California federal jury in the rivals' trial Tuesday.

Expert Analysis

  • 6 Tips For Creating Effective Trial Graphics

    Aaron Stienstra

    These days, jurors and judges are so accustomed to seeing graphics — on the street, on the Web, on their smartphones — that they expect to see something good in the courtroom. The best graphics are composed of consequential information, clearly displayed, with emphasis on what matters most, paired with artwork that adds meaning. This simultaneously compels people to think, feel and make decisions, says Aaron Stienstra, design director at The Focal Point LLC.

  • Takeaways From United Technologies' $75M Settlement

    Jeffrey Gerrish

    United Technologies Corporation's global settlement with the U.S. Departments of State and Justice underscores the importance of a robust compliance program to prevent, detect and remediate any violations of export control laws or regulations — especially if products and services are destined for China, say Jeffrey Gerrish and Soo-Mi Rhee of Skadden Arps Slate Meagher & Flom LLP.

  • Understanding Mayo V. Prometheus

    William Merkel

    Following the U.S. Supreme Court's treatment of the machine-or-transformation test in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., the test — previously thought to be the governing test for patent eligibility under § 101 — no longer appears to occupy such a prominent role in patent-eligibility jurisprudence, says William Merkel of Marshall Gerstein & Borun LLP.

  • Radlax — 'An Easy Case'

    Douglas Spelfogel

    “This is an easy case,” Justice Antonin Scalia wrote in his opinion in Radlax Gateway Hotel LLC v. Amalgamated Bank, settling the issue of whether the Bankruptcy Code grants the secured creditor a right to credit bid in an auction sale under a plan. But interestingly, the opinion barely mentions the infamous Philadelphia News decision from the Third Circuit which was effectively overruled by the U.S. Supreme Court, say attorneys with Foley & Lardner LLP.

  • The Latest Attempt At Criminalizing 'Robo-Signing'

    Ralph Mazzeo

    While the New York state Senate did not act on the Foreclosure Fraud Prevention Act of 2012 before adjourning its regular session — and as a result there is little chance the bill will be enacted this year — the bill represents the latest attempt by state governments to impose criminal liability on fraudulent foreclosure practices by mortgage servicers or their employees, say attorneys with Dechert LLP.

  • How The 2nd Circ. Aleynikov Opinion Went Awry

    Mark Krotoski

    In United States v. Aleynikov, the Second Circuit recently created an unfortunate cloud over the scope of the federal trade secret statute. The decision detracts from the primary legislative objectives to promote and protect national economic security and punish individuals who misappropriate intellectual property in the form of trade secrets, say Mark Krotoski and Richard Scott of the U.S. Department of Justice.

  • PPACA Victory Sets Stage For New Wave Of Litigation

    Howard Shapiro

    Although the Patient Protection and Affordable Care Act and its coverage mandates have been upheld, the lack of regulatory guidance for many key areas of the statute creates uncertainty regarding implementation and enforcement. No matter how employers and plan fiduciaries approach the various coverage mandates, it is clear that the future is not without risk of litigation, say attorneys with Proskauer Rose LLP.

  • Did The Court Get The Oracle Analysis Right?

    David Makman

    The Northern District of California's opinion in Oracle America Inc. v. Google Inc. is suprising given that there was direct copying and that the threshold of originality required for a work to qualify as copyrightable has traditionally been so low that the application programming interfaces almost certainly qualified as sufficiently original to be protected by copyright, says David Makman of the Law Offices of David A. Makman.

  • Facing CFIUS: Better Safe Than Sorry

    George Wang

    The Committee on Foreign Investment in the United States recently blocked yet another acquisition involving Chinese investors. Any foreign companies looking to invest in the U.S. should be wary of the scrutiny they may confront, and determine whether CFIUS review is likely, say George Wang and Yelena Kotlarsky of Haynes and Boone LLP.

  • A Closer Look At ING's $619M Settlement

    Ed Krauland

    ING Bank NV's $619 million fine to settle criminal charges is the largest ever against a financial institution in connection with an investigation into U.S. sanctions violations and related offenses. The enforcement action is also notable in several other respects, say attorneys with Steptoe & Johnson LLP.