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Quinn Emanuel Urquhart & Sullivan LLP

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Good faith participation in mediation: recent decisions in New York and California

USA - January 11 2012 In an effort to alleviate the growing congestion of court dockets around the country, judges increasingly require parties to engage in alternative dispute resolution, particularly mediation, prior to trial

Contingency fees in England after April 2013

United Kingdom - October 24 2012 Beginning in April 2013, lawyers in England will be permitted to recover fees from the damages awarded to their clients

Second Circuit clarifies “substantial assistance” standard for aiding and abetting liability in SEC enforcement actions

USA - October 24 2012 Section 20(e) of the Securities Exchange Act of 1934 allows the SEC, but not private litigants, to bring civil actions against aiders and abettors of securities fraud

Federal Circuit establishes new rule for proving willful infringement: Bard Peripheral Vascular, Inc. V. W.L. Gore & Associates, Inc.

USA - August 17 2012 In a decision with significant implications for patent cases involving willful infringement, the Federal Circuit recently held that the threshold determination of objective recklessness under the Seagate standard for willful infringement is a question of law to be decided by the trial court and subject to de novo review

After the fallout: recent trends in residential mortgage-backed securities litigation

USA - May 11 2012 Two governmental reports released this past year confirmed that the issuance and securitization of risky residential mortgage loans were critical factors in causing and fueling the financial crisis

ITC proposes modifications to e-discovery practices in Section 337 investigations

USA - December 19 2012 This fall, the U.S. International Trade Commission (Commission) proposed changes to its rules governing discovery in Section 337 investigations

The English Court of Appeal decision in Toshiba Carrier may lead to more private antitrust actions in England

United Kingdom - December 19 2012 Introduction A recent decision by the English Court of Appeal may lead to more private antitrust actions in England

District court finds appearance of logo in documentaries and stadium displays, but not video games, to be fair uses

USA - December 19 2012 A recent decision by Judge Marvin J. Garbis in the District Court of Maryland has provided further guidance as to when the use of an athletic team's copyrighted logo may or may not be a fair use under the Copyright Act

Multi-defendant joinder under the America Invents Act: much ado about nothing?

USA - December 19 2012 In September 2011, Congress passed the Leahy-Smith America Invents Act ("AIA"), which implemented a number of changes to the U.S. patent system

Exhaustion means exhaustion: courts require complete exhaustion for excess coverage

USA - December 19 2012 The idea behind excess insurance is easy to understandan excess policy provides additional coverage above the limits of the underlying, or primary policy