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Litigation

  • In In re Reichhold Holdings US, bankruptcy judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender. In doing so, Judge Walrath declined to follow cases from the Bankruptcy Court of the Southern District of New York that held otherwise.

    November 01, 2016Barry M. Klayman and Mark E. Felger
  • U.S. District Court Judge Refuses to 'Rubber-Stamp' CFTC Settlement AgreementOn Sept. 22, 2016, Judge William H. Pauley III of the United States…

    November 01, 2016ssalkin | Law Journal Newsletters
  • SEC Settles First Stand-Alone Whistleblower Retaliation CaseOn Sept. 29, 2016, the Securities and Exchange Commission (SEC) announced that International…

    November 01, 2016ssalkin | Law Journal Newsletters
  • Burr & Forman LLP has opened an office in Wilmington, DE. Rick Robinson, who is joining the firm as a partner in the firm's Creditors' Rights and…

    November 01, 2016ssalkin | Law Journal Newsletters
  • Warning from the SEC

    In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.

    November 01, 2016Joshua Sohn and Shauneida Navarrete
  • Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date
    Fed Cir: Patent Trial Appeals Board's Decision on Assignor Estoppel is Not Reviewable
    Fed. Cir.: Automatic Method for Lip Synchronization and Facial Expressions of Animated Characters is Patentable Subject Matter

    October 31, 2016Jeff Ginsberg and George Soussou
  • A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

    October 31, 2016By Amanda Bronstad
  • Analysis of a case in which a utility company was convicted for regulatory violations based on corporate collective knowledge .

    October 20, 2016ljnstaff
  • Contracts between a corporation and a corporate director can give rise to certain difficulties in managing expectations of the director's obligations and responsibilities. Such contracts may create obligations that extend beyond those fiduciary duties inherent to the director position. This extension of the director's role may increase the risk of a conflict between a director's contractual obligations and his fiduciary duties.

    October 18, 2016Richard Birns, Benyamin Ross and Andria Montoya
  • Former hedge fund manager Steven Lamar, who helped launch Dr. Dre's Beats headphones a decade ago, won the right to go to trial against the rap artist and record producer after the California Court of Appeal revived his $100 million case over unpaid royalties.

    October 18, 2016Amanda Bronstad