Proskauer’s perspective on developments and trends in commercial litigation.

Shiloh Rainwater

Shiloh Rainwater is an associate in the Litigation Department and a member of the firm’s Appellate Practice Group. His practice spans a diverse array of complex trial and appellate matters, including federal securities actions, real-estate disputes, and restructuring cases. He also maintains a robust pro bono practice, representing clients in public-housing matters and veterans’ affairs.

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Tenth Circuit Finds FAA Defenses Applicable to Nondomestic Arbitral Awards

The U.S. Court of Appeals for the Tenth Circuit recently held for the first time that parties opposing confirmation of nondomestic arbitral awards (i.e., awards issued in disputes involving property located or conduct occurring outside the U.S.) issued in the U.S. or under U.S. arbitration law are not limited to the grounds set forth in … Continue Reading

Supreme Court to Weigh in on Constitutionality of Patent and Trial Appeal Board Appointments

By Shiloh Rainwater on October 26, 2020 Posted in Appellate, Federal Rules, Litigation

The Supreme Court recently granted three petitions for certiorari challenging the Federal Circuit’s holding in Arthrex v. Smith & Nephew that administrative patent judges of the Patent Trial and Appeal Board (PTAB) are unconstitutionally appointed. Under the Patent Act, PTAB judges are appointed by the Secretary of Commerce in consultation with the Director of the … Continue Reading

Alibaba Securities Class Action Reinstated

By Shiloh Rainwater on December 21, 2017 Posted in Appellate, Class Action, Securities Law

The Second Circuit recently revived a putative securities class action against Alibaba Group Holding Ltd. and four of its top executives for alleged material misrepresentations in connection with the company’s $25 billion initial public offering in September 2014 – the largest in U.S. history. Chief Judge Colleen McMahon of the U.S. District Court for the … Continue Reading