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Antitrust and Competition Newsletter

Vote For Orrick’s Jurata and Patel for a Concurrences Antitrust Writing Award

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+*-Orrick Antitrust partner Jay Jurata and Managing Associate Amisha Patel have been nominated for a Concurrences Antitrust Writing Award for their article, “Taming the Trolls: Why Antitrust Is Not a Viable Solution for Stopping Patent Assertion Entities,” which appeared in the George Mason Read More

Central District of California: Patent Blog

Courtroom Decorum and Trial Preparation

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+*-Gregg Klang v. D. Russel Flueger, et al., Case No. SA CV 13-01971-JVS (DFMx) (Judge James Selna) In this recent detailed set of Orders, Judge Selna gave several key hints as to the “do’s and don’ts” of jury trials in Read More

Derivatives in Review

NYDFS Releases Revised BitLicense Proposal

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+*-On February 4, 2015, the New York State Department of Financial Services (“NYDFS”) released a revised version of its proposed virtual currency regulations (commonly referred to as “BitLicense”), originally released in July 2014. Nearly 4,000 formal comment letters were submitted Read More

Distressed Download

Should Underwater Junior Liens Survive Bankruptcy?

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+*-This article is an excerpt written for the Distressed Download.  The full article is available here. Introduction On March 24th, the Supreme Court heard oral argument on the consolidated appeals of two decisions from the Eleventh Circuit Court of Appeals, Read More

Employment Law and Litigation Blog

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

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+*-On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances.  The bill, which is expected to be signed by Read More

Financial Industry Review

Second Circuit Affirms Dismissal of Class Action Alleging That RBS Mislead Investors About RMBS Exposure

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+*-On April 15, 2015, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative investor class action against the Royal Bank of Scotland (RBS).  The plaintiffs had brought claims under Sections 10(b) and 20(a) of Read More

Policyholder Insider

Would Rot Damage Occur in a Garage If No One Were Around to See It? Yes, Judges Rule

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+*-For centuries, the question whether an event even occurs before you know about it has perplexed philosophers. And judges. The U.S. Court of Appeals for the Eleventh Circuit last week came to a common-sense conclusion. When developers or contractors are Read More

NorCal IP Blog

Game Over: Plain and Ordinary Construction Results in Summary Judgment

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+*-Claim Construction Order and Order Granting Summary Judgment, Segan LLC v. Zynga Inc., 14-cv-01315 (Judge Vince Chhabria) It is ordinary in patent cases for the patentee to ascribe “plain and ordinary” meaning to claim terms while the defendant seeks narrow, Read More

Securities Litigation, Investigations and Enforcement

Remote Tippees Beware: Even if the DOJ Can’t Reach You After Newman, The SEC Can

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+*-The fall-out from the Second Circuit’s decision in U.S. v. Newman continued last week in SEC v. Payton, when Southern District of New York Judge Jed S. Rakoff denied a motion to dismiss an SEC civil enforcement action against two Read More

Orrick Total Access

Straight Talk: Was VC Funding Up in 2014, Or Wasn’t It?

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+*-All week we’ve been seeing lots of dazzling headlines about the state of VC going into 2015. According to CB Insights, venture capital firms invested more than $47.3 billion in more than 3,600 deals with U.S. startups in 2014, up Read More

Trade Secrets Watch

Back in a Flash: Sergey “Flash Boy” Aleynikov Returns to Court for New Trial

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+*-Sergey Aleynikov’s six-year odyssey through the U.S. judicial systems—both federal and state—continues.  Last week, Aleynikov stepped into a New York State courtroom to defend himself at trial against a pair of criminal charges stemming from his 2009 arrest for allegedly Read More