John Terzaken

#SCOTUS dodges discovery rule issue in #WarnerChappell but lifts damages time bar Critical copyright case looking at when damages can be awarded in disputes results in dissenting opinions. https://buff.ly/3QED1uA #EntraIP #IntellectualProperty #Trademark #Copyright #Patent #PropiedadIntelectual #Marca #Patente

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A U.S. judicial panel has approved a new rule to guide federal mass tort cases. The new rule offers non-binding guidance, allowing judges significant discretion in its application, potentially leading to different case management practices. This could result in varied experiences and outcomes for claimants. The rule emphasizes early case management and information exchange. Expected to take effect on December 1, 2025, this rule marks a significant step in handling mass tort litigation. Read more here: https://lnkd.in/dQJMiGR4. #masstorts #legalupdates #legalnews

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On Apr. 11, 2024, the U.S. Department of the Treasury (Treasury) issued a notice of proposed rulemaking that would update certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures with a particular focus on the Committee’s penalty and enforcement mechanisms. These proposed updates to the CFIUS regulations come as Treasury is developing a similar outbound investment regime expected to go into a rulemaking process in 2024. 📖 Read more in this #GTAlert written by Kara Bombach, Cyril Brennan, Sonali Dohale, Frankie Velez, Madeline Orlando, and Miranda Carnes: https://bit.ly/3xP8jbo. #CFIUS #ExportControls

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New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

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What you need to know about 28 U.S.C. Section 1782 and why it can be a powerful tool. https://ow.ly/g6zb50RytuX #Litigation #LegalDiscovery #BrazilianLaw #InternationalLaw

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Five-day turnaround: counsel welcome USPTO efficiency https://lnkd.in/enjJF6vv Counsel say the USPTO's swift action regarding letters of protest is helpful, but that quicker examination times are needed. Insight from Sherri Eastley (Pirkey Barber PLLC) and Danny Awdeh (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) #uspto #efficiency #lettersofprotest #examination #counsel

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The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

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My Mishcon de Reya LLP colleagues Peter Nunn and Conor McLaughlin have a few things to say about patents and trade secrets in this piece for IAM on artificial intelligence. No point in me pretending that "You won't believe point number three!", because each of their contributions is well-informed and eminently sensible, especially if your AI journey is just getting started. #ai #innovation #patents #tradesecrets #iplaw #ip #software #law https://lnkd.in/eJh9AMEr

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New on ProMarket: Douglas Ross (University of Washington School of Law) writes that for most of its history, the Federal Trade Commission did not rely on the Chevron doctrine to enforce its mandate to prohibit “unfair methods of competition” and “unfair or deceptive acts or practices.” Thus, Loper Bright will not significantly alter the FTC’s historical role in regulating competition. However, the Chevron doctrine could have been a useful ally to the current FTC, which under Chair Lina Khan has pursued more ambitious rulemaking, such as to ban noncompete clauses. Without the Chevron doctrine, the FTC will face a more arduous path to defending its new rules as they are challenged in the courts. ✒ Editor’s Note: This article is part of a series that explores how #LoperBright and the end to the Chevron deference doctrine will impact the ability of the federal agencies to regulate the economy. You can read the previously published articles in the series here: https://lnkd.in/guYYi-hm https://lnkd.in/eE5ZWxpf

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Brewbaker has now cross-petitioned for cert in the Supreme Court on the following, fundamentally important question for criminal antitrust prosecutions: "The first question is whether the criminal offense promulgated by Section 1 of Sherman Act is constitutional in the first place. Because this purported offense violates at least four fundamental constitutional principles—those of non-delegation, objectivity, jury as factfinder, and the prohibition on judge-made crimes—the offense is unconstitutional." https://lnkd.in/dJ4ZCnQw

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Our U.S. Supreme Court Round-Up provides summaries of cases decided during the October 2023 term, a preview of cases set to be argued in the next term, and an overview of other key developments on the Court’s docket. #SCOTUS

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General Counsel are expected to help their companies steer through the ups and downs of a typical business cycle and handle all the challenges that come with it. Inevitably though, GCs will encounter new situations for which they may be under-prepared. So how does one navigate through these situations? Download the Scale LLP In-House Bootcamp Playbook, Being a GC in Uncertain Times – the fourth in a series of practical tips and strategies essential to navigating the role. Learn more: https://lnkd.in/gWf4afug #ScaleFirm #InHouse #GeneralCounsel #GC

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Shareholder Michael Luchsinger authored a column titled "2 Lessons From Calif. Overtime Wages Ruling" which was published in Law360! In the article, Michael writes about the case Bell v. Home Depot U.S.A., Inc., in which the U.S. District Court for the Eastern District of California granted partial summary judgment to Home Depot, holding that the company “never changed” the definition of a workday, effectively demonstrating the employer’s “good faith dispute” defense when it came to a complaint of owed wages. The Bell decision focused on two questions:  1️⃣ What constitutes a “good faith dispute”?; and, 2️⃣ To what extent does an employer have the discretion to set its employees’ workweek or workday?  “A good faith dispute, in the context used in Bell, operates as a defense to the imposition of waiting time penalties for wage violations under the California Labor Code,” Michael said. “If the defendant can show that its defense, if proved, would be successful in court, it is likely to hold up as a good faith defense. But the fact that a defense may be ultimately proved unsuccessful is immaterial.” Read more: https://bit.ly/46jbCF3 (subscriber-based). #law360 #SegalMcCambridge #goodfaithdisputes #homedepot #employmentlaw

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