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Avoiding “documentation disadvantages” in OTC derivatives collateral valuation disputes

Sutherland Asbill & Brennan LLP
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USA
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January 7 2009

Turbulent and illiquid markets have led to an increase in disputes between counterparties to derivatives contracts over the posting of collateral

Fourth Circuit: when United States declines to intervene in False Claims Act qui tam action, relator’s claims are subject to strict six-year statute of limitations

Sutherland Asbill & Brennan LLP
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USA
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January 12 2009

The U.S. Court of Appeals for the Fourth Circuit, addressing an issue of first impression within the circuit, recently held that when the United States declines to intervene in a qui tam action brought by a private party (i.e., a relator) under the False Claims Act (FCA), the relator’s False Claims Act claims are subject to a six-year statute of limitations

Second Circuit rules against motor vehicle dealer seeking additional warranty reimbursement from manufacturer under New York law

Sutherland Asbill & Brennan LLP
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USA
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January 16 2009

The U.S. Court of Appeals for the Second Circuit has rejected a motor vehicle dealer’s claim for retroactive higher warranty reimbursement from a manufacturer under New York Vehicle and Traffic Law 465, where the dealer failed to use the manufacturer’s existing procedures to submit timely, individualized requests for reimbursement at statutory rates

US Supreme Court facilitates ability to challenge patent validity

Sutherland Asbill & Brennan LLP
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USA
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January 12 2007

On January 9, 2007, the U.S. Supreme Court reversed the Federal Circuit’s ruling requiring a patent licensee to terminate or be in breach of its license in order to seek a declaratory judgment that the licensed patent is invalid, unenforceable, or not infringed by the licensee

Analysing the impact of the Supreme Court's eBay decision

Sutherland Asbill & Brennan LLP
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USA
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February 26 2008

It has been more than a year since the Supreme Court issued its opinion in MercExchange v eBay

Supreme Court agrees to hear case on ERISA’s anti-alienation provision

Sutherland Asbill & Brennan LLP
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USA
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February 25 2008

The U.S. Supreme Court has agreed to review the question of whether a qualified domestic relations order (QDRO) is the only valid way under ERISA that a former spouse can waive his or her right to receive a death benefit from an employee pension benefit plan

Ninth Circuit overturns denial of class certification in action involving sale of annuities to senior citizens; orders class certified

Sutherland Asbill & Brennan LLP
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USA
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August 31 2009

On August 28, 2009, the U.S. Ninth Circuit Court of Appeals reversed the denial of class certification in Yokoyama v. Midland Nat’l. Life Ins. Co., 07-16825 (9th Cir. 2009), an action challenging the sale of deferred annuities to senior citizens

SEC will not appeal decision throwing out broker-dealer exemption from the Advisers Act (IA)

Sutherland Asbill & Brennan LLP
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USA
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June 1 2007

The SEC announced that it will not appeal the adverse decision by the U.S. Court of Appeals for the D.C. Circuit, which on March 30 ruled against a SEC rule excepting some broker-dealers from regulation as investment advisers

Federal Circuit accepts and rejects hearing en banc in two Section 101 cases

Sutherland Asbill & Brennan LLP
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USA
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February 28 2008

On February 15, 2008, the Federal Circuit of the U.S. Court of Appeals announced that it would consider en banc its 35 U.S.C. 101 precedents in the case of In re Bilski, an appeal of a decision by the PTO’s Board of Patent Appeals and Interferences affirming a final rejection of a patent for managing commodity risk

The Federal Circuit’s first post-KSR decision

Sutherland Asbill & Brennan LLP
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USA
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May 24 2007

On May 9, 2007, the Federal Circuit issued its first decision addressing obviousness after the Supreme Court’s recent KSR decision

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