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Litigation

  • Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness
    Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR

    October 01, 2018Howard Shire and Adam Fischer
  • The U.S. Court of Appeals for the Third Circuit on Sept. 13 upheld a Delaware Bankruptcy Court's decision to block a Florida-based energy company from collecting a $275 million merger termination fee against the bankruptcy estates of Energy Future Holdings Corp. and a subsidiary.

    October 01, 2018Tom McParland
  • Second Circuit Issues Ruling Against DOJ in United States v. Hoskins Appeal

    October 01, 2018Colleen Snow
  • The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

    September 01, 2018Stewart E. Sterk
  • Part One of a Two-Part Article

    What was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.

    September 01, 2018Robert J. Anello and Justin Roller
  • Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware

    Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?

    September 01, 2018Robert J. Stearn, Jr., Cory D. Kandestin and Christopher M. De Lillo