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In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range
  • Proskauer Rose LLP
  • USA
  • April 29 2016

Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant


ERISA Preemption after Gobeille v. Liberty Mutual Ins. Co.
  • Proskauer Rose LLP
  • USA
  • April 27 2016

The U.S. Supreme Court recently struck down a Vermont statute requiring "all payers"i.e., healthcare providers, insurers, and facilitiesto report


Supreme Court To Resolve Circuit Split Over Bank Fraud Statute
  • Proskauer Rose LLP
  • USA
  • April 27 2016

On Monday April 25, the U.S. Supreme Court granted certiorari in United States v. Shaw, a closely watched case out of the Ninth Circuit addressing


Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions
  • Proskauer Rose LLP
  • USA
  • April 25 2016

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration


District Court Applies Dudenhoeffer “More Harm Than Good” Standard to Closely-Held Corporation
  • Proskauer Rose LLP
  • USA
  • April 22 2016

A federal district court in Mississippi ruled for the first time that the "more harm than good" pleading standard established by the Supreme Court in


District Court Rules Johnson Controls Retirees Not Entitled to Lifetime Health Benefits
  • Proskauer Rose LLP
  • USA
  • April 22 2016

A district court in the Middle District of Pennsylvania held that, notwithstanding the Supreme Court's decision in M & G Polymers USA, LLC v. Tackett


Court Enforces Forum Selection Clause in ERISA Plan
  • Proskauer Rose LLP
  • USA
  • April 22 2016

A federal district court in New York enforced an ERISA retirement plan's forum selection clause and transferred the case to the District of New


Stars Fail to Align for P&G, as Supreme Court Rejects Class Certification Appeal
  • Proskauer Rose LLP
  • USA
  • April 22 2016

Readers may recall our coverage in recent months of the challenge by Procter & Gamble (P&G) to an order certifying a multi-state consumer class in a


Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction
  • Proskauer Rose LLP
  • USA
  • April 22 2016

Prosecutors in the District of Connecticut have appealed a district court's ruling that conspiracy and aiding and abetting charges cannot be used to


Need to Decrypt an iPhone? There’s an “Act” for That
  • Proskauer Rose LLP
  • USA
  • April 21 2016

A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in