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Winston & Strawn LLP

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Are You a Significant Risk-Taker?

USA - April 26 2016 Sounds racy doesn’t it, like something you might say at a cocktail party to impress people (unsuccessfully)? Unfortunately for those affected, being

Antitrust and Competition - The EU Weekly Briefing (20 March 2017)

Belgium, European Union, France, Greece, United Kingdom - March 20 2017 On 14 March 2017, the European Court of Justice (ECJ) partially annulled the ruling by the General Court in relation to Evonik Degussa’s

Trademark Registration Alone Insufficient to Establish “Use in Commerce” in Infringement Action

USA - March 20 2017 A music group sued its publishing company claiming that the company violated the group’s trademark rights by registering the band’s trademark

Xilinx, Inc. v. Papst Licensing GmbH & Co. KG, No. 2015-1919 (Feb. 15, 2017)

USA - March 16 2017 While sending letters into a forum is not enough for personal jurisdiction to be "fair and reasonable," if a party "does more," then jurisdiction may

Metalcraft of Mayville, Inc. v. The Toro Company, Nos. 2016-2433 and 2016-2514 (Fed. Cir. Feb. 16, 2017)

USA - March 16 2017 An absent claim limitation and an unsupported motivation to combine are not sufficient to raise a substantial question as to a patentee’s likelihood

Tax Shelter Investor Not Liable for Penalties on Distressed Debt Transaction

USA - March 29 2017 On February 24, 2017, the United States District Court for Wyoming, in McNeill v. United States, held that a taxpayer who had invested in a

Would a Judicial Ruling Invalidating Zero Emission Credits for Nuclear Plants Endanger Renewable Energy Programs?

USA - March 29 2017 Last year New York and Illinois promulgated programs providing nuclear power plants with monetary credits for their ability to generate power without

Third Circuit Finds Error in Disclosure of an Attorney’s Email Given to Grand Jury

USA - March 29 2017 On January 27, the U.S. Court of Appeals for the Third Circuit reversed a decision of the District Court for the Eastern District of Pennsylvania in

Economic Nexus as a State Income Tax Planning Opportunity

USA - March 29 2017 The taxpayer, Elan Pharmaceuticals, was headquartered in California and filed corporate income tax returns in New Jersey, Tennessee, and a handful of

Tax Court Rejects Eighth Amendment Change to Penalty Statute

USA - March 29 2017 On February 2, 2017, the United States Tax Court upheld accuracy-related penalties under Section 6662A against a taxpayer who participated in a