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Searching Content indexed under Litigation, Mediation & Arbitration by Jones Day ordered by Published Date Descending.
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1
DOJ Offers Guidance On Unprecedented Arbitration In Merger Challenge
The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by Novelis Inc.
United States
15 Oct 2019
2
Bakewell v Anchorage Capital Master Offshore Ltd: Can Ancillary Rights And Claims Be Sold?
An assignee of loans owed by the Arrium Group sued certain officers of the Arrium Group, alleging they had made negligent misstatements or misrepresentations in drawdown and rollover notices issued prior to the assignment.
United States
8 Oct 2019
3
IPR Goes Forward Despite Late Stage Parallel ITC Investigation
Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers.
United States
8 Oct 2019
4
PTAB Precedential Decision Recap
The PTAB has been very active in designating decisions precedential and informative in 2019.
United States
7 Oct 2019
5
PTAB Applies Statutory Grace Period To Filing Of Continuing Applications
The PTAB has previously applied to IPR filings the statutory grace period under 35 U.S.C. § 21(b) for USPTO papers and fees due on a weekend or holiday.
United States
3 Oct 2019
6
Three-Year Delay In Appointing Foreign Representative Not Fatal To Chapter 15 Recognition
In In re PT Bakrie Telecom Tbk, 601 B.R. 707 (Bankr. S.D.N.Y. 2019), the U.S. Bankruptcy Court for the Southern District of New York ...
United States
27 Sep 2019
7
Panel Including Director Iancu Institutes Unchallenged Petition For IPR
On September 6, 2019, a PTAB panel including USPTO Director Andrei Iancu instituted inter partes review ("IPR") of U.S.
United States
27 Sep 2019
8
Insurance Coverage For Social Engineering Crimes—How To Avoid Being Victimized Twice
Businesses are increasingly at risk of social engineering crimes, and often their commercial insurance policies do not provide the full protection that they expected.
United States
27 Sep 2019
9
Chapter 11 Plan Distributions Are Not Collateral Covered By Intercreditor Agreement's Waterfall Provision
In In re Energy Future Holdings Corp., 2019 WL 2535700 (3d Cir. June 19, 2019), a panel of the U.S. Court of Appeals for the Third Circuit ruled that adequate protection payments made during a bankruptcy case ...
United States
26 Sep 2019
10
Bankruptcy Court Denies Creditor's Improper Discovery Request
The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition."
United States
26 Sep 2019
11
Anxiety From Asbestos Exposure: French Compensation Model Extended To Other Toxic Substances
In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety,"
France
24 Sep 2019
12
Should You File A "Copycat" IPR Petition?
If you don't have new grounds to add, you may as well copycat. On September 4, 2019, the PTAB denied Microsoft's petition requesting inter partes review ...
United States
24 Sep 2019
13
PTAB Designates Precedential Decision Relating To Infringer's Civil Action Barring IPR
The PTAB designated as precedential a January 2019 panel decision relating to the bar on instituting an IPR under 35 U.S.C. § 315(a)(1) when the petitioner previously ...
United States
23 Sep 2019
14
Verbal Aspect Of Claim Limits Design Patent Scope In Curver Luxembourg v. Home Expressions
The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements
United States
23 Sep 2019
15
Jones Day Client Prince Abdullah Bin Mosa'ad Wins Long-Running Shareholder Dispute With Kevin McCabe Over The Ownership Of Sheffield United Football Club
Jones Day client His Royal Highness Prince Abdullah bin Mosa'ad bin Abdulaziz Al Sa'ud has succeeded in his claim to take full control of the English Premier League team Sheffield United Football Club
United States
23 Sep 2019
16
"Exceptional" IPRs And § 285
Nevertheless, fee awards under § 285 are not automatic.
United States
23 Sep 2019
17
ITC Issues General Exclusion Order Based On Uncontested Evidence Of Widespread Infringement
Fraen also established that nearly all of the identified foreign sellers offer their products for sale through online commerce sites – a fact that serves to reinforce the necessity for a GEO.
United States
23 Sep 2019
18
Scraping The Web: Practical Implications From The hiQ v. LinkedIn Opinion
The court thus found that hiQ's practices likely do not constitute an unauthorized access where LinkedIn does not prevent public access to the data at issue.
United States
20 Sep 2019
19
2018–2019 Australian Class Actions Review
This is Jones Day's fifth review of Australian class actions developments. The White Paper reviews the class actions that were commenced and settled in 2018–2019.
Australia
19 Sep 2019
20
Business Restructuring Review July-August 2019
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
United States
19 Sep 2019
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