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The Legal Intelligencer

High Court Permits Foreign Lost Profits Award for US Patent Infringement

In a 7-2 decision, the U.S. Supreme Court ruled that U.S. patent holders are eligible to recover lost profits—that were lost outside of the United States—for domestic infringement of a U.S. patent in WesternGeco v. Ion Geophysical, 585 U.S. ______ (2018).
6 minute read

New York Law Journal

2nd Circ. Declines to Review Party-Appointed Arbitrator's Undisclosed Relationships

While neutrality is considered the touchstone of dispute resolution, it is not difficult for advocates to think there might be benefits to having judges with deep connections to the parties or their respective industries.
2 minute read

Daily Business Review

Trade-Based Money Laundering—South Florida Is in the Bull's Eye

Miami is blessed with year-round warm weather, beautiful beaches, cultural and ethnic diversity, and fortunate geography between the Americas and Europe.
7 minute read

Delaware Business Court Insider

Slights Denies Direct Appeal in Row Over Ouster of Calif. Investment Fund Partners

A Delaware Court of Chancery judge has denied fast-tracked appeal of a decision earlier this month that kicked a fight for control of four investment funds to a Kentucky state court, where an influential pension fund is defending its move to replace general partners with in-house staff.
1 minute read

Delaware Business Court Insider

Del. Judge Dismisses Challenge to $325M Energy Industry Merger

The Delaware Court of Chancery has dismissed a shareholder challenge to Earthstone Energy Inc.'s $325 million acquisition of a Texas oil and gas firm in 2016, finding that the deal met business-judgment protections for a conflicted transaction.
1 minute read

Daily Business Review

Miami Law Firm Ready to Test Proprietary Litigation Budgeting Software

Mark Migdal's Etan Mark sees a need at his litigation firm for reliable budgeting and outside interest in reliable software.
4 minute read

The Legal Intelligencer

Courts Dial Back Autodialer Definition Following 'ACA International'

The TCPA was passed to strike a balance between protecting the privacy of individuals, while still permitting legitimate telemarketing practices. In modern times, however, the TCPA has been expanded well beyond its intended purpose and scope.
1 minute read

New York Law Journal

NY Commercial Division Gives Fuller Embrace to E-Discovery Under New Rule

Technology-assisted review is nothing new to most practitioners in the Commercial Division, one attorney said, but he added that it is "revolutionary" for the court to adopt a rule encouraging its use.
2 minute read

The Legal Intelligencer

Who Breached First? Unpublished Opinion Helps Clarify Rule

Should all contract breach litigation be decided on who breached first? Perhaps that should be the rule on deciding complex commercial cases. It seems to work well to simplify complex fact patterns and responsibilities. Do all breaches have the same weight?
1 minute read

New York Law Journal

The Full-Payment Rule Strikes Hard: A Look at a Recent Decision

It has long been settled law that a taxpayer challenging a tax deficiency assessed by the Internal Revenue Service in federal district court is required to “pay first and litigate later.”
1 minute read

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