The COVID-19 pandemic has caused a drug patent trial in New York to go remote and again delayed a media streaming patent trial in Texas. Meanwhile, 3M settled a fraud suit tied to its N95 masks, and Jeff Dunham received pushback from a company selling face masks with his image. Here are some recent intellectual property updates tied to the outbreak that you may have missed.
The former president of an oil processing facility was handed an 18-month prison sentence Friday over claims his disregard for safety led to an explosion that federal prosecutors said injured three workers and caused a fire that lasted eight days.
A New Jersey federal judge on Friday said a manufacturer cannot wiggle out of an Occidental Chemical Corp. suit over cleanup costs related to a stretch of the heavily polluted Passaic River because it took on the liabilities of a predecessor company that allegedly contributed to the contamination.
The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to.
The Eighth Circuit ruled on Friday that Exide Technologies should have gone to the National Labor Relations Board instead of to court to challenge an arbitrator's determination that its unilateral changes to its Family and Medical Leave Act procedure were an unfair labor practice.
The Ninth Circuit has upheld the U.S. Department of the Interior's expanded oil and gas lease sales on tracts of land in the National Petroleum Reserve in Alaska, saying that a prior analysis satisfied federal environmental review requirements for the sales.
Investors hit TD Ameritrade Inc. with a proposed class action in Illinois federal court on Thursday alleging that it failed to warn customers of a possibility of crude oil futures reaching a price of zero and liquidated their positions "in a commercially unconscionable manner."
A docket packed with divisive cases. Experiments in remote oral arguments. Defining moments for the court’s new swing justice. Here, Law360 takes a data dive into the numbers behind this historic court term, when the unexpected reigned supreme.
Supreme Court oral arguments are always a high wire act. This term, a global pandemic, a docket of hot-button cases and an experiment with remote technology took the challenge to new heights. Here’s a look at the law firms that argued the most, and how they fared.
The D.C. Circuit on Friday sent a clear message that states can't categorically block new, clean energy technologies from accessing the interstate electric grid in backing the Federal Energy Regulatory Commission's landmark rule that makes room for energy storage resources in wholesale electricity markets.
The West Virginia Department of Environmental Protection is unprepared to handle environmental reclamation as it faces a slew of mine insolvencies across the state and has failed to tell federal regulators about that deficiency, a group of environmentalists have told a West Virginia federal court.
Four U.S. companies that manufacture metal lockers used in schools, gyms, and break rooms submitted a petition for countervailing and anti-dumping duties on Chinese competitors Thursday, citing increased imports and dwindling profits dating back to 2017.
A D.C. federal judge has refused to press pause on his order forcing the Dakota Access Pipeline to shut down, but said he was open to giving the owner more than the initially allowed 30 days to comply and empty the pipeline of oil.
Chevron Corp. and a coalition of energy giants have urged the Ninth Circuit to reconsider a pair of decisions that may force them to face suits by California cities and counties seeking climate change-related infrastructure damages in state court.
Former shareholders in Yukos Oil Co. have urged a D.C. federal court not to pause litigation to enforce $50 billion in arbitral awards against Russia, saying that despite an ongoing appeal before the Dutch Supreme Court, the awards are enforceable in the Netherlands and should be in the U.S. as well.
A Chicago-based trading firm became the latest entity to file a proposed class action against JPMorgan Chase in New York federal court Thursday, alleging the bank has been illegally spoofing the futures market since 2009.
A man who scammed millions of pounds in a fraudulent scheme to sell and install solar panels appealed his conviction Friday, arguing the judge shouldn't have told jurors they could judge him for staying silent during a police interview.
Fights over climate change regulations and liability, as well as the Federal Energy Regulatory Commission's authority, have the second half of the year shaping up to be a busy one for litigation affecting the energy sector. Here, Law360 looks at several energy-related cases worth watching in the second half of 2020.
Capital markets deal teams are starting the second half of 2020 ready for more business after a record-breaking six months of activity that seemed impossible at the start of the coronavirus pandemic, although questions persist over how long robust times will last.
The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's landmark rule making a place for energy storage in wholesale electricity markets, rejecting arguments that the rule unlawfully intrudes upon state electricity authority.
The past week in London has seen the U.S. Securities and Exchange Commission seek disclosure against a tech entrepreneur, a Bank of America Merrill Lynch employee target his employer in a new round of litigation, and business consulting giant Turner & Townsend sue in connection with the U.K.'s major rail project. Here, Law360 looks at those and other new claims in the U.K.
An ExxonMobil unit and other companies clearly violated oil and gas production contracts by drilling into geologic areas they had no right accessing, a proposed class of mineral rights owners seeking partial summary judgment has told an Ohio federal court.
Crystallex is asking a Delaware court to forge ahead with an auction of Citgo's parent company as it looks to enforce a $1.2 billion arbitral award against Venezuela, even as other creditors of the crisis-stricken country have begun to circle around Caracas' most important foreign asset.
A New York federal judge has ruled that environmental groups can't show they were injured by the U.S. Environmental Protection Agency's allegedly delayed response to a request for more disclosure around a move to temporarily suspend some compliance obligations during the novel coronavirus crisis.
Shearman & Sterling LLP said it has hired a Bird & Bird LLP international arbitration attorney with broad experience in complex commercial and investment treaty disputes to serve as a partner in its London office.
In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.
The Black Lives Matter movement is drawing more attention to the disproportionate impacts of environmental incidents and industrial facility siting on minority populations, so companies seeking to mitigate reputational and legal risks should proactively engage communities of color in a transparent, empathetic way, say Simone Jones and Nicole Noelliste at Sidley.
Global condemnation of iron ore miner Rio Tinto's recent destruction of sacred indigenous sites in Australia demonstrates that failure to address cultural heritage risk can destroy corporate reputations, stock prices and the social license companies use to advance development projects, say Marion Werkheiser and Katherine Sorrell at Cultural Heritage Partners.
The Federal Energy Regulatory Commission's recently launched inquiry on cybersecurity enhancements to infrastructure reliability standards could lead to greater costs and compliance obligations for distributed generation assets, but also increased protection for the overall bulk power grid, say attorneys at Michael Best.
When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.
With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.
As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.
A proposal from two New York energy agencies that would significantly restructure the state's clean energy market could result in major impacts for load-serving entities and new economic opportunities for disadvantaged communities, says Kevin Blake of Phillips Lytle.
The framework for decarbonizing the power system set out in a new white paper from two New York energy agencies will require big changes to the state's Clean Energy Standard procurement structure, and could have major consequences for biofuels, hydropower and other energy sectors, says Kevin Blake at Phillips Lytle.
With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.
As the pandemic underscores the absence of unified requirements for environmental, social and governance reporting, public companies should be mindful of the proliferation of ESG data providers, the risks and benefits of voluntary disclosures, and common shareholder proposals during the 2020 proxy season, say LaDawn Naegle and Vicki Westerhaus at Bryan Cave.
In light of the Massachusetts Department of Energy Resources' recent rule changes restricting incentives for solar development on ecologically sensitive greenfield sites, landowners and solar developers should assess target properties carefully before building, say attorneys at Beveridge & Diamond.
With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.
Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.
It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.