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Herbert Smith Freehills LLP | USA | 5 May 2020

Section 1782 update: U.S. Fourth Circuit Court of Appeals holds that U.S. discovery can be used in aid of international commercial arbitrations and Supreme Court may now resolve the circuit split

The U.S. Supreme Court may soon have occasion to decide whether parties involved in international arbitrations outside of the U.S. can rely on 28 USC…

Buckley LLP | USA | 1 May 2020

4th Circuit: Disgorgement calculation lacks necessary casual connection between profits and violations

On April 27, the U.S. Court of Appeals for the Fourth Circuit held that a district court’s disgorgement calculation for a banker found in contempt of…

Akin Gump Strauss Hauer & Feld LLP | USA | 23 Apr 2020

2nd Circ. Ruling Widens TCPA Autodialer Circuit Split

Ever since Marks v. Crunch San Diego LLC[1] which broadly interpreted "automatic telephone dialing system" in the Telephone Consumer Protection Act to…

Akerman LLP | USA | 10 Apr 2020

Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

Section 15 of the Lanham Act, subject to certain specified exceptions, provides that the right of an owner “to use [a] registered mark in commerce…

FisherBroyles LLP | USA | 4 Apr 2020

Fourth Circuit Distinguishes LLC Membership Interests from Economic Interests in a Security Agreement Conveyance

In Wells Fargo Bank, N.A., f/b/o Jerome Guyant, IRA v. Highland Construction Management Services, L.P. Et al., Nos. 18-2450-52 (4th Cir. March 17…

Loeb & Loeb LLP | USA | 23 Mar 2020

Allen v. Cooper

U.S. Supreme Court invalidates Copyright Remedy Clarification Act of 1990 as unconstitutional, affirming Fourth Circuit decision that North Carolina…

Reed Smith LLP | USA | 12 Mar 2020

A Couple of Things

Here are a couple of things that happened recently (and no, we don’t mean a travel ban on Europe or the NBA cancelling the rest of its season)…

FisherBroyles LLP | USA | 2 Mar 2020

Carving Out An Enforceable Noncompete In The 4th Circuit

Employers having trouble enforcing their noncompetes may have a better chance in the United States Court of Appeals for the Fourth Circuit—at least…

Morgan Lewis | USA | 19 Feb 2020

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

The US Court of Appeals for the Fourth Circuit resolved a question of first impression on February 11 on when the statute of limitations period…

Greenberg Traurig LLP | USA | 14 Feb 2020

Fourth Circuit Rejects Statute of Limitations Challenge to FERC Electricity Market Manipulation Suit

On Feb. 11, 2020, the United States Court of Appeals for the Fourth Circuit decided that the Federal Energy Regulatory Commission (FERC) did not…
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