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Antitrust and Competition Newsletter

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition

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On June 17, 2014, China’s Ministry of Commerce (MOFCOM), China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the world’s three largest container carriers—Maersk Line, Mediterranean Shipping Company and CMA CGM—on certain shipping routes. MOFCOM prohibited the Read More

Central District of California: Patent Blog

Court Halts Discovery Until Defendant Retains Counsel

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Forever Foundations & Frame, LLC, et al. v. Optional Products, LLC, Case No. SACV-13-1779-DOC (RNBx) (Judge Robert Block) Plaintiff Forever Foundations filed two discovery motions despite defendant lacking any counsel to properly appear on their behalf. Recognizing that corporations may Read More

Derivatives in Review

Extension of Certain Dodd-Frank No-Action Relief

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On May 1, 2014, the Commodity Futures Trading Commission (“CFTC”) established a phased compliance timeline for the implementation of the trade execution requirement[1] currently applicable to certain interest rate swaps and credit default swaps executed as part of a “package Read More

Employment Law and Litigation Blog

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

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A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v. Skadden, Arps, Slate, Meagher & Read More

Financial Industry Review

IOSCO Provides Update to Survey on Commodity Derivatives Markets Supervisory Principles

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On September 9, IOSCO published an update to its survey on the principles for the regulation and supervision of commodity derivatives markets.  The final report provides an update on IOSCO’s 2012 review of its principles for commodity derivatives markets. Market Read More

NorCal IP Blog

It’s Nothing Personal – DJ Action Dismissed for Want of Jurisdiction

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Motion to Dismiss for Lack of Personal Jurisdiction Granted. NXP Semiconductors USA, INc. v. France Brevets S.A.S., et al., No. C 14-1225 SI In 2012, France Brevets and INSIDE Secure, both French corporations, announced the launch of a Near Field Read More

Securities Litigation and Regulatory Enforcement Blog

Is Your Bank Stressed Out? OCC Follows Fed on Proposed Stress-Test Changes

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On September 10, the Office of the Comptroller of the Currency (“OCC”) published proposed revisions to its information collecting regulations related to the Dodd-Frank Act’s “stress test” for large national banks and federal savings associations. Section 165(i)(2) of the Act Read More

Orrick Total Access

Startup Teaching Sessions – Venture Debt

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Emerging companies are often in need of, and are looking for, cash – typically to extend their “runway” before having to raise additional equity. Venture debt is a compliment to venture capital, allowing startups to borrow money and establish lines Read More

Trade Secrets Watch

To Sue for Theft of Your Trade Secrets in California, You May First Have to Give Them Away

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California trade secret litigators likely know all about California Code of Civil Procedure Section 2019.210.  Those that don’t, should. Section 2019.210 provides that before commencing discovery in a trade secret litigation, the party alleging trade secret misappropriation must identify the Read More