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Proskauer's perspective on commercial litigation trends and legal developments

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FTC Appears to Expand AI Regulatory Role into Copyright MattersFactors in Fee-Shifting for Prevailing Defendants View More…

Antitrust

Antitrust & Tech At The 2025 Antitrust Spring MeetingPricing Considerations in the Aftermath of the California Wildfires View More…

Appellate

For All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With Sidibe v. Sutter DecisionThe New York Court of Appeals Approves CPLR 3025 (b) Complaint Amendment After Appellate Court Dismissal View More…

Arbitration

The Arbitration Act 2025 Finally Becomes LawReform of the English Arbitration Act 1996: The Arbitration Bill in its New Form View More…

Asset Management

The FTC’s Enforcement Power: How AMG Reshapes the LandscapeCybersecurity: Threats, Consequences, and the Regulatory Framework View More…

Bankruptcy Litigation

Second Circuit Affirms Bankruptcy Courts’ Inherent Authority to Impose Civil Contempt SanctionsThe (Third) Party’s Over? Recent Decisions Cast Doubt on the Continued Vitality of Third Party Releases in Chapter 11 Reorganizations View More…

California Rules

For All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With Sidibe v. Sutter DecisionCalifornia Lemon Law Just Got a Little Sweeter for Consumers View More…

Class Action

Ninth Circuit Clears Airline’s Arbitration by Estoppel Argument for TakeoffA Name is Not Enough: Ninth Circuit Finds No Standing for First-to-File Shareholder to Appeal Securities Class Action View More…

Commercial Litigation

The App Store Wars: An “Epic” Loss for Google Takes ShapeBattery Technology Trade Secret Theft Runs Out of Juice View More…

Copyright

The “State of the Arts” after Andy Warhol Foundation v. GoldsmithUn“Tangled”: Judge Dismisses Tangle’s Window Display IP Suit Against Aritzia View More…

Corporate Investigations

FTC and DOJ Clarify Preservation Obligations for Instant Messaging PlatformsTwo Sides of a Different Coin: Separating Businesses and Subsidiaries for Liability Protection View More…

E-Discovery

Legal Separateness: The Boundaries on Written DiscoveryThe Sound of “Silent Attorneys”: Judge Orders Google to Re-Review Emails Withheld for Privilege to which Counsel Never Responded View More…

Environmental

Commercial Fishermen Urge Supreme Court to Reel In Agency AuthorityBioplastics: Snickers® Candy Bars Have It Wrapped Up View More…

Ethics

No TKO: California Judge Refuses to Disqualify Counsel from Patent Litigation View More…

Evidence

Eyes Open to the Past: Federal Circuit Holds Prosecution History Is Claim Construction EvidenceTethered to the Court: Ninth Circuit Holds that 100-Mile Limitation Applies to Remote Testimony View More…

Experts

Become An Expert in Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 2Become An Expert In Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 1 View More…

Extraordinary Relief

Lawyers Beware: Battle of Legal Professional Privilege of Internal Investigation Continues in England and WalesA District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation View More…

Extraterritorial Discovery

Extra, Extra, Extraterritorial, Read All About It: Supreme Court Considers Lanham Act’s ReachDiscovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery View More…

False Advertising

Amazon: The Prime Target in FTC CrackdownFactors in Fee-Shifting for Prevailing Defendants View More…

Federal Rules

Buy Now, Pay Later: Regulatory Retreat in Washington, State Regulation on the RiseAntitrust & Tech At The 2025 Antitrust Spring Meeting View More…

Fiduciary Litigation

Florida’s Fiduciary Lawyer-Client Privilege Adopted by the Florida Supreme CourtFlorida’s Fiduciary Lawyer-Client Privilege is on the Books, But is it Good Law? View More…

Health Care

States and Healthcare Leaders Must Respond to New Health Equity RegulationsPre-Election Drug Pricing Regulation Efforts: Where Does Congress Stand? View More…

Insurance Recovery & Counseling

COVID-19 and Immunity from LiabilityInsurers Did Not Act As Advertised in “Advertising Injury” Suit View More…

Intellectual Property

Eyes Open to the Past: Federal Circuit Holds Prosecution History Is Claim Construction EvidenceDo Stablecoin Patent Applications Signal a Cryptocurrency Evolution? View More…

International Arbitration

The Arbitration Act 2025 Finally Becomes LawFrench Supreme Court on Track to Annul a US$15 Billion Award against Malaysia View More…

Labor & Employment

Trade Secret Wars Continue With Tech Companies Battling For TalentAre Eminem and Too $hort Too Offensive for the Workplace? View More…

Life Sciences

Troubling Trend of “Self” Revocation In the CRISPR Space Continues in EuropeTo Be Or Not To Be: Self-Revocation of Seminal European Patents Creates New Uncertainty In CRISPR IP Space View More…

Litigation

Eyes Open to the Past: Federal Circuit Holds Prosecution History Is Claim Construction EvidenceReform of the English Arbitration Act 1996: The Arbitration Bill in its New Form View More…

Media and Entertainment

The App Store Wars: An “Epic” Loss for Google Takes ShapeThe “State of the Arts” after Andy Warhol Foundation v. Goldsmith View More…

Media and Technology

Antitrust & Tech At The 2025 Antitrust Spring MeetingBattery Technology Trade Secret Theft Runs Out of Juice View More…

Mergers & Acquisitions

DOJ and FTC Release New Merger GuidelinesTwo Sides of a Different Coin: Separating Businesses and Subsidiaries for Liability Protection View More…

New York Rules

The New York Court of Appeals Approves CPLR 3025 (b) Complaint Amendment After Appellate Court DismissalNew York’s Court of Appeals Holds Some Internal Training Materials Are Privileged View More…

Non-Compete & Trade Secrets

Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related To its Participation in SBA ProgramBattery Technology Trade Secret Theft Runs Out of Juice View More…

Price Gouging

Pricing Considerations in the Aftermath of the California WildfiresProposed New York Price Gouging Rules Expand Coverage and Provide Clarity View More…

Privacy

The Return of the Video Privacy Protection Act (VPPA)FTC Continues to Stake Out Role as Key AI Regulator View More…

Privacy & Data Security

Buy Now, Pay Later: Regulatory Retreat in Washington, State Regulation on the RiseAlarm Bells Ringing? The Agencies Begin to Raise Competition Concerns Over Generative AI View More…

Rule 23/Class Actions

Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide2018 Amendments to Rule 23 - Summarized View More…

Securities and Shareholder Litigation

A Name is Not Enough: Ninth Circuit Finds No Standing for First-to-File Shareholder to Appeal Securities Class ActionWithout Merit: A Cautionary Tale About Boilerplate Litigation Disclosures in Public Company Filings View More…

Securities Law

A Name is Not Enough: Ninth Circuit Finds No Standing for First-to-File Shareholder to Appeal Securities Class ActionWithout Merit: A Cautionary Tale About Boilerplate Litigation Disclosures in Public Company Filings View More…

Settlements

Under Armour Inc. Pulls Sales Forward, SEC and Stockholders Push BackCoupon Settlements: Discount or Discontent? View More…

Technology

The App Store Wars: An “Epic” Loss for Google Takes Shape View More…

Telecommunications

FTC v. Qualcomm: Hypercompetitive or Anticompetitive?Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA View More…

Trademark

Ninth Circuit Provides Further Guidance on Trademark Lawsuits Involving “Expressive Works”Conduct Over Confusion: Supreme Court Holds Lanham Act to the Presumption Against Extraterritoriality View More…

Trial Issues

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More ChallengingThe Journey vs. The Destination: Analyzing Jury Deliberation Styles View More…

Uncategorized

Two Copyright Claim Wrongs Don’t Make a Copyright Claim Right: Analyzing Melendez v. Sirius XM Radio, Inc.Tenth Circuit Finds FAA Defenses Applicable to Nondomestic Arbitral Awards View More…

Use of Technology for Advocacy

DOJ Targets AI Pricing Algorithms: RealPage Case Signals Potential Shift in Antitrust EnforcementTaylor Swift and Congress Have “Bad Blood” with AI Deepfakes View More…

White Collar

Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution, Holds the Second CircuitDisgorgement Continues at the SEC View More…
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