Searching Content indexed under Sovereign Immunity: Public Sector Government by Duane Morris LLP ordered by Published Date Descending.
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Pipeline Developers Beware: Third Circuit Disallows Eminent Domain Over State Lands Under Natural Gas Act
In a unanimous, precedential opinion issued on September 10, 2019, the United States Court of Appeals for the Third Circuit held that the Natural Gas Act (NGA), 15 U.S.C. § 717, et seq., does not abrogate state sovereign immunity ...
United States
1 Oct 2019
Internet Companies Must Take Down Anti-Government Content In Vietnam
Question: How free is the internet? Answer: Less than free in certain countries. Further answer: And becoming even less free in other countries — witness Vietnam, discussed briefly below.
12 Feb 2019
Government Contractors Do Not Enjoy "Governmental Immunity" When They Violate Both Federal Law And Explicit Government Instructions
Government contractors, while performing work under their federal contracts, may enjoy a form of "derivative sovereign immunity" from private litigation provided certain prerequisites are met.
United States
26 Jan 2016
ITC Ruling Requires Heightened Pleading Requirements For Domestic Industry "In The Process Of Being Established"
The U.S. International Trade Commission ("ITC") recently held that conclusory allegations in a Section 337 complaint that a domestic industry is "in the process of being established" are insufficient.1 This appears to be the first time that the Commission has expressly found such insufficiency under 19 C.F.R. § 210.12(a)(6)(i) and practitioners should be aware.
United States
16 Apr 2012
Supreme Court Upholds Joint Venture Product Pricing
Can two competitors form a joint venture and sell products under their two competing product brands through the joint venture at a single agreed-upon price? The Supreme Court recently considered this question in Texaco, Inc. v. Dagher, ruling in a unanimous (8-0) decision issued on February 28, 2006, that it was not per se illegal under the Sherman Antitrust Act for true joint venturers to enter into such a product pricing agreement.
United States
10 Mar 2006
Perspective: Data Risk and Consequences
The current Federal Trade Commission has little tolerance for companies that fail to take appropriate security measures to protect the financial data of their customers.
United States
9 Mar 2006
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