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Antitrust and Competition Newsletter

FTC Puts “Standalone” Section 5 Enforcement Approach on the Record

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For the first time in its 101-year history, the Federal Trade Commission yesterday issued a policy statement outlining the extent of its authority to police “unfair methods of competition” on a “standalone” basis under Section 5 of the Federal Trade 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

IRS Proposes to Revise the Treatment of Nonperiodic Payments

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On May 8, 2015, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) issued proposed and temporary regulations (the “Regulations”) relating to the treatment of notional principal contracts (“NPCs”) with nonperiodic payments.[1] The Regulations are designed to Read More

Distressed Download

Solus v. Perry: Case Update

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In May, we wrote about a number of recent cases addressing the enforceability of oral agreements in syndicated loan and bankruptcy claims trading. One of those cases, Solus v. Perry, is still active at the trial court level in New York. Read More

Employment Law and Litigation Blog

California Legislature Tries Again to Thwart Arbitration With Bill Purporting to Make Mandatory Arbitration Unlawful

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California employers should keep an eye on a new challenge to arbitration provisions on its way to the Governor’s desk.  On August 24, 2015, the California Senate passed AB 465, which would make it unlawful for any employer or other Read More

Financial Industry Review

FDIC Sues BNY Mellon For Alleged Failure As Trustee of RMBS

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On August 19, 2015, the Federal Deposit Insurance Corp., acting as receiver for Guaranty Bank, filed suit against Bank of New York Mellon Corp. in New York federal court, alleging that BNY breached its duties as trustee of 12 RMBS Read More

Policyholder Insider

California Supreme Court Clears Path for Transfer of Insurance Rights in Corporate Transactions

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Last week, in its long-anticipated decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations. In a unanimous decision, the Court held that policyholders can assign Read More

NorCal IP Blog

No Amendments and No Stay

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Adaptix v. ZTE Corporation, et al. (Magistrate Grewal) Magistrate Grewal recently issued two orders in related cases between plaintiff Adaptix and various defendants. In the first order, he denied plaintiff’s request to amend its preliminary infringement contentions to reassert a Read More

Securities Litigation, Investigations and Enforcement

Judge Berman Deflates SEC’s ALJ Appointment Process

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United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”) and National Football League 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

The New and Improved Defend Trade Secrets Act of 2015! Now Featuring a Lockbox

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On July 31, 2015, TSW continued our reporting of the continuing saga of Congress’ attempts to establish a federal right of civil action for trade secrets misappropriation by covering the introduction of the “Defend Trade Secrets Act of 2015” (“2015 Read More