Postings Law Summaries
Page 1 of 368 of Securities Law Summaries » New Releases/No Action Letters 1 2 3 > Last »
USA v. Kaiser et al.
Case No. 1:04cr733, US District Court for the Southern District of New York,
12/7/2011
Preet Bharara, the United States Attorney for the Southern District of New York, announced that Mark P. Kaiser, a former executive of U.S. Foodservice, Inc. (“USF”), then a subsidiary of the Dutch food conglomerate Royal Ahold, N.V. (“Ahold”), has been sentenced in Manhattan federal court to 46 months in prison for his participation in a scheme to inflate USF’s reported results of operations during the years 2000 through 2003. More...
Online Protection and Enforcement of Digital Trade Act
S.2029 and H.R.3782,
01/18/2012
Rep. Darrell Issa, R-Calif, has officially introduced H.R. 3782, the Online Protection & Enforcement of Digital Trade Act in the U.S. House of Representatives. More...
Federal Workers’ Compensation Modernization and Improvement Act
H.R. 2465,
11/30/2011
The U.S. House of Representatives has approved the Federal Workers’ Compensation Modernization and Improvement Act (H.R. 2465), a legislation that seeks to strengthen and enhance the workers' compensation program for federal employees.
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Additional Courtesy Electronic Mail Addresses
USPTO No. _____,
11/19/2011
As part of efforts by the United States Patent and Trademark Office (“USPTO”) to improve the experience of trademark applicants and registrants and to benefit from the advantages of increased electronic processing, effective November 19, 2011, the USPTO began permitting the submission of more than one electronic mail (e-mail) address for receipt of duplicate courtesy copies of trademark-related correspondence sent from the USPTO by e-mail, in addition to the single official correspondence address. More...
SEC v. Magyar Telekom Plc. and Deutsche Telekom AG/SEC v. Straub, et al.
SEC Litigation Release No. 22213, SEC No. 2011-279 Case No. 11 civ 9646 (S.D.N.Y.)/Case No. 11 civ 9645 (S.D.N.Y.),
12/29/2011
The Securities and Exchange Commission has charged the largest telecommunications provider in Hungary and three of its former top executives with bribing government and political party officials in Macedonia and Montenegro to win business and shut out competition in the telecommunications industry. More...
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Postings Law Commentaries
Following are Postings Law Commentaries elaborating on the significance of the most important of the Postings Law Summaries.
Page 1 of 33 of Postings Law Commentaries 1 2 3 > Last »
US Airways, Inc. v. McCutchen
Posted: 01/24/2012
Commentary: In a split with other circuits, the Third Circuit recently limited relief available to benefit plan administrators under ERISA. In US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011), the Third Circuit held that the “appropriate equitable relief” available under ERISA § 502(a)(3) to plan administrators can be limited by equitable defenses, such as unjust enrichment. The Court also held that such defenses can override express terms of benefit plans which, would otherwise allow full reimbursement from beneficiaries, regardless of whether the beneficiary was made whole.
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In re Ricoh Co., Ltd.
Posted: 01/9/2012
Commentary: The Federal Circuit recently clarified several aspects of § 1920’s allowances for a prevailing party to charge its costs against the losing party. In In re Ricoh Co., Ltd., 661 F.3d 1361 (Fed. Cir. 2011), the Federal Circuit upheld the use of cost-sharing agreements over default statutory rules, allowed the taxing of both printed and recorded depositions, and signaled its displeasure with vague copying charges billed to the losing side.
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Robert Bosch, LLC v. Pylon Manufacturing Corp.
Posted: 11/30/2011
Commentary: The Federal Circuit recently cleared the confusion resulting from eBay and confirmed that case eliminated the presumption of irreparable harm in permanent injunction analysis. In Robert Bosch, LLC v. Pylon Manufacturing Corp., 659 F.3d 1142 (2011 Fed. Cir.), the Federal Circuit reversed the district court and granted Bosch a permanent injunction without remand. The Court noted the “fundamental nature of patents as property rights” as basis for patent holders to continue to receive permanent injunctions against competitors, even without the shortcut of the presumption.
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Apple, Inc., v. Psystar, Corp.
Posted: 11/18/2011
Commentary: The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its infringement of Apple’s copyrighted software. Psystar asserted copyright misuse defense against Apple. However, the Court found that Apple’s valid software licensing agreement did not prevent Psystar from making competing products, and thus was not a misuse of copyright.
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Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.
Posted: 11/2/2011
Commentary: The Ninth Circuit recently affirmed contributory trademark and copyright infringement claims against a web hosting company which hosted an allegedly infringing website. In Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., Nos. 10-15909, 10-16105, 2011 U.S. App. WL 4014320 (9th Cir. September 9, 2011), the Ninth Circuit reiterated its view that web servers are “an essential step in the infringement process.” Id. at 4.
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