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Cypress LLP | Germany, USA | 20 May 2022

Cassirer v. Thyssen-Bornemsiza Collection Foundation - Heirs to Owner of Pissarro Painting Taken by the Nazis Given Another Chance to Seek Restitution in Supreme Court's Latest Decision Regarding the Foreign Sovereign Immunities Act

After nearly twenty years in U.S. federal courts, the heirs to a Jewish woman whose painting was sold under duress to the Nazis may finally have a…
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Skadden Arps Slate Meagher & Flom LLP | USA | 19 May 2022

Ninth Circuit Enforces Exclusive Forum Bylaw in Derivative Suit Asserting a Section 14(a) Claim, Creating Split With Seventh Circuit

On May 13, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a corporate bylaw requiring stockholders to bring derivative claims in the…
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Snell & Wilmer LLP | USA | 19 May 2022

First Circuit Joins the Ninth Circuit by Holding That Section 106(a) of the Bankruptcy Code Waives Tribes’ Sovereign Immunity

Deepening a split of circuits, the First Circuit Court of Appeals held that the Bankruptcy Code waived the sovereign immunity of Native American…
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Haynes and Boone LLP | USA | 19 May 2022

The Ninth Circuit Rejects (Again) LinkedIn’s Attempt to Prevent Web-Scraping of Its Publicly Available Member Profiles under the Computer Fraud & Abuse Act (CFAA)

Publication On April 18, 2022, the Ninth Circuit, in hiQ Labs v. LinkedIn Corporation, 41 F. 4th 1180 (9th Cir. 2022), upheld (again) a 2018…
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Maurice Wutscher LLP | USA | 19 May 2022

9th Cir. Denies Plaintiffs’ Remand Motion, Holds FCRA ‘Informational and Privacy Interests’ Sufficient for Standing

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s denial of a motion for a remand to state court and the dismissal…
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Loeb & Loeb LLP | USA | 19 May 2022

Ninth Circuit Provides Path Forward for Web Scraping of Public Data

In hiQ Labs, Inc. v. LinkedIn Corp ., the Ninth Circuit considered whether the Computer Fraud and…
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Kramer Levin Naftalis & Frankel LLP | USA | 19 May 2022

9th Circuit Affirms Dismissal of Derivative Suit in Favor of Forum Selection Clause Designating Delaware Court of Chancery as Exclusive Forum for All Derivative Claims

As we have previously discussed (here), Lee v. Robert J. Fisher et al., Case No. 20 Civ. 6163 (N.D. Ca.), is one of a growing number of derivative…
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Buckley LLP | USA | 19 May 2022

9th Circuit: Plaintiff’s incomplete loan modification application bars her CA Homeowner Bill of Rights claims

On May 11, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of a Plaintiff’s allegations that a lender violated RESPA and the…
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Loeb & Loeb LLP | USA | 19 May 2022

Ninth Circuit: First Sale Doctrine Safe Haven for Resellers of End Products Incorporating Trademarked Products

Resellers can breathe a sigh of relief knowing that the first sale doctrine defense is here to stay. The Ninth Circuit recently ruled in favor of…
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Freshfields Bruckhaus Deringer | USA | 18 May 2022

Data Scraping Does It Again

Once again, hiQ wins the day in the continuous data scraping saga. In the most recent ruling, the U.S. Ninth Circuit Court of Appeals reaffirmed its…
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