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Burnet Duckworth & Palmer LLP | Canada | 1 Dec 2022
$644 million patent infringement award upheld by the Supreme Court of Canada
On November 18, 2022, the Supreme Court of Canada (SCC) released its decision in Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 (Nova v. Dow)…
Stikeman Elliott LLP | Canada | 24 Nov 2022
Supreme Court Clarifies Accounting of Profits Remedy in Patent Infringement Cases
On November 18, 2022, the Supreme Court of Canada (“SCC”) released its decision in Nova Chemicals Corp v Dow Chemical Co (2022 SCC 43). This decision…
Vinson & Elkins LLP | USA | 21 Aug 2018
Undisclosed Personal Use of Company Perks by Executives Draws SEC Enforcement Action
In an unusual enforcement action, on July 2, 2018, the Securities and Exchange Commission (“SEC”) announced that Dow Chemical Company (“Dow”) agreed…
Milbank LLP | USA | 6 Aug 2018
Recent SEC Enforcement Actions Underscore the Need to Carefully Monitor & Review Certain Executive Compensation Practices
Two recent Securities and Exchange Commission (SEC) enforcement actions highlight the importance of maintaining adequate internal procedures and…
White & Case | USA | 13 Jul 2018
The Consequences of Inaccurate Perquisite Disclosure
On July 2, 2018, the Securities and Exchange Commission (“SEC”) issued a cease-and-desist order1 finding that The Dow Chemical Company’s (“Dow”)…
Fenwick & West LLP | USA | 13 Jul 2018
SEC Imposes $1.75 Million Penalty Against Issuer for Using Wrong Standard for Disclosing Executive Perquisites
The U.S. Securities and Exchange Commission announced on July 2, 2018, that The Dow Chemical Company had agreed to a cease and desist order and to…
Bass Berry & Sims PLC | USA | 9 Jul 2018
Recent SEC Enforcement Action Reminds Companies that Perquisite Disclosure Does Not Hinge on Business Purpose
On July 2, the SEC announced that The Dow Chemical Company agreed to settle charges related to the company’s inadequate perquisites disclosure in SEC…
Baker & Hostetler LLP | USA | 22 May 2018
2017 Class Action Review
2017 saw the Courts of Appeals struggle to define the meaning of two prominent 2016 Supreme Court decisions. In 2016, the Supreme Court in Spokeo held…
Smart & Biggar | Canada | 16 Apr 2018
Accounting of profits remedy offers significant benefits to patent owners
The availability of an accounting of profits in Canada as a remedy for patent infringement can offer significant benefits to patentees, including in cases involving infringing goods sourced from Canada that are being sold elsewhere. The availability of such a remedy and a number of other factors, including the ability to expedite proceedings and the lower cost of litigation, make Canada an......
Kane Russell Coleman Logan PC | USA | 29 Jan 2018
Court Concludes Determining Whether Communications Involving In-House Counsel are Privileged is “Complicated”
Late last year, the United States District Court of the Eastern District of Louisiana issued an informative opinion in Texas Brine Company, LLC et al…
