Top News

  • February 27, 2017

    Senate Confirms Wilbur Ross As Commerce Secretary

    The Senate confirmed President Donald Trump’s pick to lead the Commerce Department Monday, meaning billionaire investor Wilbur Ross will take the helm of the agency as one of the nation’s key economic officials.

  • February 27, 2017

    Takata Pleads Guilty To Wire Fraud Over Drivers' Objections

    Takata Corp. pled guilty to wire fraud in Michigan federal court on Monday and agreed to pay $1 billion over its potentially fatal air bag inflators, despite objections from drivers suing Takata and automakers who say that the car makers had also long known about the defect.

  • February 27, 2017

    Fed. Circ. Won't Reinstate $2.3M Newegg Patent Verdict

    The Federal Circuit on Monday affirmed Eastern District of Texas Judge Rodney Gilstrap’s decision throwing out a $2.3 million encryption patent infringement verdict against online retailer Newegg Inc., capping a long-running case that included a lengthy wait for post-trial rulings.

  • February 27, 2017

    Wal-Mart, Mexican Unit Get Shareholder Bribery Suit Tossed

    Wal-Mart Stores Inc. beat back a lawsuit from shareholders who accused the retail giant of breaking securities laws by turning a blind eye to bribery and corruption at its Mexican subsidiary, with a New York federal judge concluding Monday that the allegations came too late or failed to show deceptive intent.

  • February 27, 2017

    Justices Won't Hear 'Fast & Furious' Victim's Remedy Bid

    The U.S. Supreme Court on Monday declined to consider a petition from the relatives of a federal agent killed as part of the notorious “Operation Fast and Furious” that challenged the Ninth Circuit’s holding that agents may not sue federal officials under a so-called Bivens remedy for alleged Fifth Amendment rights violations.

  • February 27, 2017

    Supreme Court Won't Hear 'Flanax' Foreign Trademark Case

    The U.S. Supreme Court said Monday it would not review a ruling that German drugmaker Bayer AG could file an American trademark lawsuit over a foreign brand name that it had never used in the U.S. market.

  • February 27, 2017

    New Antitrust Snag Trips Up LSEG, Deutsche Börse Merger

    Plans to create Europe's largest stock exchange with the £24 billion ($30.1 billion) merger between the London Stock Exchange Group PLC and Deutsche Börse AG teetered on the brink after the U.K. exchange said late Sunday it couldn't sell a key Italian subsidiary to allay antitrust concerns in time for a Monday deadline. 

  • February 24, 2017

    Citigroup Confirms SEC Probe Over Foreign Hiring Practices

    Citigroup Inc. revealed Friday that it is under investigation for foreign government referral hiring practices in connection with the Foreign Corrupt Practices Act, in what appears to be part of an ongoing enforcement sweep targeting Asian investment banks.

  • February 24, 2017

    After Rare Mandamus Order, Google Patent Case Leaves Texas

    A Texas federal judge on Friday transferred a patent case against Google Inc. to California court after the Federal Circuit granted a rare writ of mandamus a day earlier, finding in a split decision that the initial ruling had unfairly weighted the transfer factors against the technology giant.

  • February 24, 2017

    Acting SEC Chair Sets Sights On Disclosure 'Avalanche'

    Acting U.S. Securities and Exchange Commission Chair Michael Piwowar said Friday that the agency should focus on what he called the “forgotten investor” and take a second look at policies like disclosure requirements, high corporate penalties and accreditation rules he says have adversely impacted investors.

  • February 24, 2017

    Google Strikes $22M Deal To End AdWords 'Dead Sites' Action

    Google Inc. struck a $22.5 million settlement with a proposed class of advertisers who claim the tech giant placed their purchased ads on unused or inactive websites, bringing an end to a nearly nine-years-long litigation in California federal court, according to a Thursday court filing.

  • February 24, 2017

    4th Circ. Won't Take New Look At Ex-Massey CEO’s Conviction

    The Fourth Circuit refused Friday to rehear former Massey Energy Co. CEO Don Blankenship’s appeal of his conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that killed 29 people, declining to re-examine claims that that the jury was given faulty instructions.

  • February 24, 2017

    Trans Student To Push Forward In High Court Bathroom Fight

    Counsel for the transgender student challenging a policy barring him from using the boys’ bathroom at his high school said Friday he intends to push forward with his case in the U.S. Supreme Court after the high court asked both sides how they wanted to proceed.

  • February 24, 2017

    Lehman Brokerage Trustee Seeks OK For $228M Distribution

    Lawyers handling claims brought by creditors of Lehman Brothers Inc., the failed investment bank’s broker-dealer unit, asked a New York bankruptcy court on Friday to approve as much as $228 million in new distributions to unsecured creditors, saying asset sales and cost reductions had freed up more funds.

  • February 24, 2017

    RJR Gets New Trial In Engle Case Where Jury Awarded $23B

    R.J. Reynolds won a request Friday for a new trial in an Engle progeny suit where a jury originally awarded $23.6 billion in punitive damages, as a Florida appeals court said the plaintiff's closing arguments crossed proper boundaries "repeatedly, flagrantly, and often in defiance of the trial court’s admonishments."

  • February 24, 2017

    New Exxon CEO Makes Case For US Carbon Tax

    The new chairman and CEO of ExxonMobil Corp. on Thursday reaffirmed his company's support of a U.S. carbon tax, calling it an effective way to tackle climate change without significantly harming the economy.

  • February 24, 2017

    Trump Orders Agencies To Create Deregulation Task Forces

    Flanked by some of the nation’s top manufacturing executives, President Donald Trump signed an executive order Friday directing federal agencies to create task forces to identify burdensome regulations ready for the chopping block, promising the end of “an impossible situation” for U.S. companies and new economic growth.

  • February 23, 2017

    Google's Driverless Car Unit Accuses Uber Of IP Theft

    Google's self-driving car unit Waymo LLC filed a lawsuit in California federal court Thursday accusing Uber Technologies Inc. of stealing trade secrets and infringing patents over its proprietary laser system used to help guide driverless vehicles.

  • February 23, 2017

    Ex-Fugitive Comverse CEO Gets Prison For Options Scam

    The former chairman and CEO of Comverse Technology Inc. on Thursday was sentenced to a record two-and-a-half years in prison for backdating the telecommunication software company's stock options, after a 10-year stretch on the lam in Africa.

  • February 23, 2017

    Tilton, Patriarch Fail To Shake $45M Fraud Suit

    A New York state appeals court on Thursday affirmed a decision that left a fraud claim by a German bank in play against Lynn Tilton and her investment firm Patriarch Partners LLC, saying early signs that the funds in question were not what they appeared didn’t start the clock on the statute of limitations.

Expert Analysis

  • 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 wi... (continued)

  • 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.

  • Apple V. Motorola: Implications For Patent Damages

    Gregory Sidak

    Unfortunately, the level of economic coherence in patent law with respect to damages today is roughly comparable to what existed in antitrust law in 1955. However, Judge Richard Posner’s recent opinions in Apple Inc. v. Motorola Inc. help clarify legal and economic standards for measuring patent damages, says Gregory Sidak of Criterion Economics LLC.

  • Facebook And Job Candidates: Lessons From 'Office Space'

    Natalie Hrubos

    Employers are increasingly using social media to evaluate job candidates during the hiring process. A cautionary tale based on the 1999 movie "Office Space" provides an overview of the legal risks and potential benefits of doing so, says Natalie Hrubos of Duane Morris LLP.