Happy Teenth–and welcome to the last Commercial Roundup of spring 2024!
Commercial Roundup – June 19, 2024
Commercial Roundup – June 28, 2023
Welcome to The Contingency‘s Commercial Roundup for June 28!
Since our last issue, much has happened, not least FeedSpot’s recognition of The Contingency as one of the 30 Best Antitrust Law Blogs and Websites.Continue Reading Commercial Roundup – June 28, 2023
Commercial Roundup – June 2, 2023
Welcome back to Commercial Roundup–the best source for the latest appellate decisions on issues that matter in commercial litigation. In this issue, you’ll find four Supreme Court rulings on overseas torts, patent enablement, the reach of the False Claims Act, and limits on the Securities Act of 1933 as well as opinions on a range of topics from all but two of the 13 federal Courts of Appeals and the Supreme Court of Texas. Have a terrific weekend–and don’t forget to subscribe so you’ll get future issues without having to look for them.Continue Reading Commercial Roundup – June 2, 2023
United States v. Google LLC–The Complaint
Today, the Antitrust Division of the U.S. Department of Justice and eight states brought an antitrust case against Google LLC in the Eastern District of Virginia, Alexandria Division.
The Complaint alleges monopolization and tying claims under Sections 2 and 1 of the Sherman Act, respectively. It identifies three relevant product markets–Publisher Ad Servers, Ad Exchanges
Stephen D. Susman
Steve Susman–my friend and mentor and my firm’s founding partner–died yesterday. A great many people who knew or knew of Steve have sent condolences, which I appreciate very much. I am very sad but also very grateful.
For those of you who hadn’t heard or want to know more, below is a statement that the
Commercial Appeals Roundup
Beating a motion to dismiss or for summary judgment doesn’t count as success on merits.
Sports shoe making design patent wasn’t obvious.
Light up shoe design patent was obvious.
Congress gave chief of CFSB too much independence.
Fiduciary shield doctrine crumples.
Tacking .com to end of generic word or phrase may create protectable copyright.
Commercial Roundup: Appeals Week of 4-6-20
- Lack of unjust enrichment from infringement of party bus trademarks supported denial of profits disgorgement under Lanham Act. ecf.ca8.uscourts.gov/opndir/20/04/1
- Delaware choice of law clause in employment contract trumped forum (Massachusetts) law. media.ca1.uscourts.gov/pdf.opinions/1
- Diverse defendant could “snap” remove case before plaintiff served non-diverse defendant. ca5.uscourts.gov/opinions/pub/1
- Stipulation of dismissal with prejudice
Commercial Appeals Roundup: Week of 2-17-20
- Chance to undo discharge of claims met due process test for latent asbestosis claimants. www2.ca3.uscourts.gov/opinarch/19143
- Billing for road trips that never happened violated False Claims Act. www2.ca3.uscourts.gov/opinarch/19143
- “Royal Palm Properties” mark skirts cancellation. media.ca11.uscourts.gov/opinions/pub/f
- Claim for bad legal advice on cash-out merger expired three years after
Commercial Appeals Update: Week of 2-3-20
- Lender that lost at trial wins on appeal. ca5.uscourts.gov/opinions/pub/1
- Narrow IPR petition kept Patent Trial and Appeal Board from canceling patent claim as indefinite. cafc.uscourts.gov/sites/default/
- Lay witness shouldn’t have opined on obviousness of glass-blowing patent. cafc.uscourts.gov/sites/default/
- Audio noise control patent survives appeal from one IPR but must face “reply”
Commercial Case Roundup: Week of 1-20-20
- Tension between ERISA and insider trading law heads back down to Second Circuit. https://supremecourt.gov/opinions/19pdf/18-1165_4gcj.pdf
- Dunning letters left identity of creditor that owned debt unclear. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D01-21/C:19-1491:J:Hamilton:aut:T:fnOp:N:2461562:S:0
- All “right, title, and interest” in ranch didn’t include oil beneath. https://txcourts.gov/media/1445621/170822.pdf
Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas,