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March 20, 2017 | New York Law Journal

Enforcing Foreign Arbitral Awards Against Foreign Corporations Registered to Do Business in NY

Henry Weisburg, Christopher Ryan and Daniel Purisch of Shearman & Sterling discuss the Second Circuit's 2016 decision in 'Brown v. Lockheed Martin', which provides guidance as to how the principles established in 'Daimler' should be applied to business registration statutes and illustrates why New York courts should not be able to exercise personal jurisdiction over an award debtor solely on the basis of business registration.
18 minute read
March 02, 2017 | Legaltech News

Eastern Texas Still Patent Case Champ, According to Lex Machina Data

The Eastern District of Texas is still the overwhelming forum of choice in patent litigation, with 37 percent of all patent cases filed there last year.
19 minute read
March 02, 2017 | The Recorder

Eastern Texas Still Patent Case Champ, According to Lex Machina Data

Overall patent filings dropped in 2016, a trend analysts attributed to a change in federal pleading requirements in December 2015.
19 minute read
March 02, 2017 | Delaware Business Court Insider

Eastern Texas Still Patent Case Champ, According to Lex Machina Data

Overall patent filings dropped in 2016, a trend analysts attributed to a change in federal pleading requirements in December 2015.
19 minute read
January 31, 2017 | The Legal Intelligencer

Products Liability, Mass Torts & Class Action

In The Legal's Products Liability supplement, read about "common experience" limitation under "Tincher," the gist of the action doctrine and arbitration agreements in consumer contracts.
7 minute read
January 31, 2017 | The Legal Intelligencer

The Flood of Class Actions Under NJ's TCCWNA

Enacted over three decades ago, New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18 (TCCWNA), sat largely unnoticed by the plaintiffs bar until recently. But in the past couple of years, scores of putative class actions have been filed alleging violations of TCCWNA against a broad array of businesses such as Wal-Mart, Target, J. Crew, Select Comfort, Burlington Coat Factory, Toys "R" Us, Bed Bath & Beyond, TGI Friday's, Johnston & Murphy, Whirlpool, and Bob's Discount Furniture. TCCWNA's broad reach has been found to encompass nearly every form of written consumer contract, warranty, notice, advertisement or sign that is displayed, offered, or entered into with a consumer or potential consumer—from restaurant menus to in-store displays to website terms and conditions of use. And the statute's penalty of at least $100 per violation, coupled with its fee-shifting ­provision, makes it attractive for the class-action bar and dangerous for ­businesses with substantial customer contacts, since alleged damages could rapidly rise into the millions or tens of millions of dollars. Whether it's a brick-and-mortar retailer in New Jersey or an internet business marketing to New Jersey consumers, TCCWNA could be a pricey trap for unwary enterprises. New Jersey state and federal courts, the U.S. Court of Appeals for the Third Circuit and courts elsewhere are grappling with novel issues arising under TCCWNA, and potentially important decisions are pending.
20 minute read
January 26, 2017 | New York Law Journal

Famular v. Whirlpool Corp.

Court Cannot Exercise Jurisdiction Over Firms Just Because They Registered to Do Business in N.Y.
3 minute read
September 02, 2016 | Legaltech News

5 Key Tech Takeaways from ILTACON 2016

Epiq's Adi Elliott gives LTN his thoughts on the role of machine learning, data security, and more from this year's ILTA Conference.
6 minute read
August 24, 2016 | The Recorder

Prolific Objector Facing Pushback From Lawyers in Class Action

A California attorney whose prolific filings for objectors has made him a common name in class action settlements should be referred to bar authorities for failing to disclose that he is suspended from practicing law, according to lawyers in a case over Whirlpool dishwasher fires this month.
7 minute read
August 08, 2016 | New York Law Journal

After Scalia, Court Shows Diminished Appetite for Class Action Appeals

Lawrence T. Gresser, Patrick M. Connorton and Nicole Paschal of Cohen & Gresser write: Since Justice Scalia's passing on Feb. 13, 2016, the court has shown a diminished appetite for class action appeals and has arguably retreated from some of his positions.
29 minute read

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