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McDermott Will & Emery | USA | 8 Jun 2023
Electra Powers Second Circuit’s False Endorsement Analysis
Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment…
McDermott Will & Emery | USA | 8 Jun 2023
No Lost Value Damages Despite Trade Secret Misappropriation
The US Court of Appeals for the Second Circuit vacated a damages award, finding that although there was liability for appropriating trade secrets…
Hunton Andrews Kurth LLP | USA | 8 Jun 2023
Second Circuit Approves Nonconsensual Third-Party Release in Purdue Pharma Case: Where Do Third Party Releases Stand Now?
In an anticipated decision, on May 30, 2023, the Second Circuit Court of Appeals issued its decision approving a Chapter 11 plan’s inclusion of a…
Vinson & Elkins LLP | USA | 6 Jun 2023
In re Purdue Pharma L.P.: Second Circuit Reverses S.D.N.Y and Holds Bankruptcy Court Has Subject Matter Jurisdiction and Statutory Authority to Approve Sackler Family Releases
On May 30, 2023, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) rendered a much anticipated opinion…
Shearman & Sterling LLP | USA | 6 Jun 2023
Second Circuit considering whether syndicated term loan notes sold to buyers are “securities” - case update: kirschner v. jpmorgan Chase bank, n.a. (2d Cir. Appeal)
As we previously covered, on May 22, 2020, Judge Paul G. Gardephe of the United States District Court for the Southern District of New York dismissed…
Shearman & Sterling LLP | USA | 1 Jun 2023
Second Circuit Affirms Dismissal Of Putative Class Action Against Pharmaceutical Company For Failure To Allege Misstatements and Scienter
On May 16, 2023, the United States Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a putative class action asserting…
Sani Zangrando Law Firm | USA | 26 May 2023
The U.S. Supreme Court rules against the Warhol’s foundation in copyright dispute over Prince artwork
18th May 2023. A decision of the US Supreme Court over Andy Warhol's use of Lynn Goldsmith's Prince photograph has been widely reported on news all…
Covington & Burling LLP | USA | 24 May 2023
Second Circuit Reiterates When Puffery Claims Can Be Dismissed at the Pleadings Stage
The Second Circuit recently revived a Plaintiff’s false advertising claims under New York’s General Business Law (“GBL”), concluding that whether the…
Mayer Brown | USA | 23 May 2023
US Courts Reject DOJ’s Expansive View of Federal Wire Fraud Statutes
The U.S. Department of Justice recently suffered three significant losses at the US Supreme Court and the First Circuit that will limit its ability…
Skadden Arps Slate Meagher & Flom LLP | USA | 19 May 2023
Supreme Court Addresses Copyright Fair Use Defense in Goldsmith
On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v…
