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Delaware Court Of Chancery Dismisses Breach Of Fiduciary Duty Claims In Connection With Two-Step Merger, Despite Finding Corwin Inapplicable
  • Shearman & Sterling LLP
  • USA
  • December 12 2017

On November 30, 2017, Vice Chancellor Tamika Montgomery-Reeves of the Delaware Court of Chancery dismissed breach of fiduciary duty claims against the

OFCCP Required To Share Statistical Findings In Enforcement Action
  • Hogan Lovells
  • USA
  • November 15 2017

Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws

Seven Lessons I learned representing clients in Oracle Audits
  • Scott & Scott, LLP
  • USA
  • November 6 2017

Over the last several years, more and more Oracle customers are receiving notices that they have been selected for an Oracle license review or

Timely Joinder Cannot Save Untimely IPR When Nothing to Join
  • Jones Day
  • USA
  • October 3 2017

In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos

Discretion and Precedential Decisions at the PTAB
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 16 2017

The Patent Trial and Appeal Board (“PTAB”) enjoys a wide range of discretion on a number of issues. For instance, the PTAB has interpreted 35 U.S.C

"Creating a risk" of bribery can violate the FCPA: low threshold for SEC enforcement actions
  • Allen & Overy LLP
  • USA
  • June 2 2017

SEC Enforcement Actions under the U.S. Foreign Corrupt Practices Act have been setting an ever-lower threshold for violations of the FCPA's books and

Battle of the Experts on Class Certification: A Win for Employers
  • Seyfarth Shaw LLP
  • USA
  • May 9 2017

The California Court of Appeal affirmed a denial of class certification on the ground that the Plaintiff’s expert report failed to establish claims

Sexual harassment damages - what’s the latest?
  • McCabes
  • Australia
  • March 30 2017

The amount of general damages awarded in sexual harassment cases is rising. Historically, the damages awarded in sexual harassment cases have been

PTAB Panel Estops Petitioner Under 315(e)(1)
  • Duane Morris LLP
  • USA
  • March 9 2017

A panel of judges at the Patent Trial and Appeal Board (“the Board”) recently estopped a Petitioner from joining a petition for inter partes review

PTAB Muddies the Murky Water of IPR Estoppel after Shaw
  • Jones Day
  • USA
  • February 20 2017

The Federal Circuit’s decision in Shaw affirmed the PTAB’s policy that a Petitioner was not estopped from requesting inter partes review (“IPR”