is Altera Corp. v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2019-06-07T08:00:00+00:00 (United States Ninth Circuit) - Upheld the validity of a Treasury Department regulation. The provision's focus is that related business entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements. Reversed the judgment of the U.S. Tax Court. Full Article Tax Law Labor & Employment Law
is City and County of San Francisco v. Regents of the University of California By feeds.findlaw.com Published On :: 2019-06-20T08:00:00+00:00 (Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university. Full Article Tax Law Constitutional Law
is Myers v. Commissioner of Internal Revenue Service By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States DC Circuit) - Reversed and remanded. The Tax Court improperly dismissed a case involving a man's application to the IRS for a whistleblower award because although his application was untimely the filing period was not jurisdictional and is subject to equitable tolling. Full Article Tax Law Civil Procedure
is Nguyen v. Nissan North America, Inc. By feeds.findlaw.com Published On :: 2019-07-26T08:00:00+00:00 (United States Ninth Circuit) - Reversed. District court’s denial of plaintiff’s motion for class certification met the predominance requirement of FRCP 23(b)(3). Plaintiff’s proposed damages model was consistent with his theory of liability, where cost-of-repair damages could be used in claims arising from a defective hydraulic clutch system. Full Article Civil Procedure Tax Law
is Mass v. Franchise Tax Bd. By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiffs bought shares in a company that invests in government bonds. Plaintiffs contend that the dividends they received are exempt from taxation per the California Constitution. The trial court disagreed, and the appellate court upheld the ruling. Full Article Securities Law Tax Law
is Howard Jarvis Taxpayers Assn. v. Newsom By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (California Court of Appeal) - Affirmed. The court found that Senate Bill No. 1107 directly conflicts with Political Reform Act of 1974 and does not further the purposes of the Act. Full Article Government Law Tax Law
is National Association for the Advancement of Multijurisdictional Practice v. Lynch By feeds.findlaw.com Published On :: 2016-06-17T08:00:00+00:00 (United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law. Full Article Ethics & Professional Responsibility Judges & Judiciary
is Bundy v. U.S. District Court for the District of Nevada By feeds.findlaw.com Published On :: 2016-10-28T08:00:00+00:00 (United States Ninth Circuit) - In a petition for a writ of mandamus to force the district court to admit an attorney it had previously denied admission pro hac vice in the high-profile criminal trial of Cliven Bundy, the District Court's denial is affirmed where it did not abuse its discretion, as there are a litany of reasons for denying the attorney's pro hac vice status. Full Article Ethics & Professional Responsibility Judges & Judiciary
is Los Angeles County Board of Supervisors v. The Superior Court of Los Angeles County By feeds.findlaw.com Published On :: 2016-12-29T08:00:00+00:00 (Supreme Court of California) - In an action that implicates the public‘s interest in transparency and a public agency‘s interest in confidential communications with its legal counsel, the Court of Appeal’s judgment concerning whether billing invoices are privileged is reversed where invoices for work in pending and active legal matters are so closely related to attorney-client communications that they implicate the heart of the privilege rule. Full Article Evidence Ethics & Professional Responsibility
is Tucker Ellis v. Evan Nelson By feeds.findlaw.com Published On :: 2017-06-21T08:00:00+00:00 (California Court of Appeal) - In a writ proceeding to determine whether attorney work conduct privilege attaches to documents created by an attorney employee during their employment with an employer law firm, the lower court's judgment is vacated where the privilege attaches to the firm, rather than the employee. Full Article Legal Malpractice Evidence Ethics & Professional Responsibility
is Medical Board of California v. The Superior Court of the City and County of San Francisco By feeds.findlaw.com Published On :: 2018-01-08T08:00:00+00:00 (California Court of Appeal) - Granting a writ petition in the case of a doctor who contested the introduction of arrest records relating to his conviction for possession of cocaine in professional misconduct proceedings and the tension between the Penal Code section stating that successful completion of a diversion program should not be used in a way that could result in the loss of a license and the Business and Professions Code section stating that the successful completion of diversion does not prohibit the agency from taking disciplinary action, holding that the latter statute was controlling. Full Article Evidence Ethics & Professional Responsibility Administrative Law
is Ellis v. Harrison By feeds.findlaw.com Published On :: 2018-06-07T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court's denial of a California inmate's habeas corpus petition alleging the denial of his Sixth Amendment right to effective assistance of counsel because his trial attorney held deeply racist beliefs about African Americans in general and him in particular because he conceded he was unaware of his attorney's racism until years after the conviction was final and couldn't identify any acts or admissions by his attorney that fell below an objective standard of reasonableness. Full Article Habeas Corpus Ethics & Professional Responsibility Criminal Law & Procedure
is Doe v. Superior Court (Southwestern Community College District) By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (California Court of Appeal) - Held that a lawyer should not have been disqualified from representing a student-employee at a community college in a sexual harassment case. He did not violate California State Bar Rules of Professional Conduct concerning communications with represented parties when he contacted another student-employee seeking a witness statement. Granted writ relief. Full Article Ethics & Professional Responsibility Labor & Employment Law
is Disney Enterprises, Inc. v. Vidangel, Inc. By feeds.findlaw.com Published On :: 2017-08-24T08:00:00+00:00 (United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities. Full Article Intellectual Property Copyright Civil Procedure Media Law
is Eil v. US Drug Enforcement Administration By feeds.findlaw.com Published On :: 2017-12-22T08:00:00+00:00 (United States First Circuit) - Reversing a district court decision relating to the release of private individuals' medical documents under the Freedom of Information Act in a case brought by a journalist conducting research because the balancing of public interest in disclosure and the relevant privacy interests was flawed due to the court's application of the wrong standard because the release of the documents was unlikely to advance a valid public interest and substantial privacy interests implicated by the records outweighed the interest in disclosure. Full Article Health Law Media Law
is Verisign, Inc. v. XYZ.com LLC By feeds.findlaw.com Published On :: 2018-05-29T08:00:00+00:00 (California Court of Appeal) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard. Full Article Media Law Civil Procedure Attorney's Fees Communications Law
is Verisign, Inc. v. XYZ.com LLC By feeds.findlaw.com Published On :: 2018-05-29T08:00:00+00:00 (United States Fourth Circuit) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard. Full Article Media Law Civil Procedure Attorney's Fees Communications Law
is National Conference of Black Mayors v. Chico Community Publishing, Inc. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (California Court of Appeal) - Affirmed an order denying attorney's fees to a newspaper that had been forced to litigate over its request for public records. The newspaper argued that it was entitled to reasonable attorney's fees under the California Public Records Act. However, the Third Appellate District disagreed, holding that the Act does not allow for an award of attorney fees when the requester litigates against an officer of a public agency in a mandamus action that the officer initiated to keep the public agency from disclosing records it agreed to disclose. Full Article Attorney's Fees Media Law Government Law
is American Beverage Association v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (United States Ninth Circuit) - In an en banc opinion, addressed the constitutionality of a San Francisco ordinance that requires health warnings to be included in advertisements for certain sugar-sweetened beverages. Industry groups challenged the ordinance, contending that it violates freedom of commercial speech. Finding this argument persuasive, the Ninth Circuit held that the district court should have granted a preliminary injunction against the ordinance. Full Article Media Law Health Law Constitutional Law
is US ex rel. Bunk v. Government Logistics N.V. By feeds.findlaw.com Published On :: 2016-11-15T08:00:00+00:00 (United States Fourth Circuit) - In a complex matter which began more than fifteen years ago as a bid-rigging scheme conjured up by shipping businesses to defraud the United States, the District Court's grant of summary judgment in favor of defendant is vacated where the court erred by: 1) deciding that the successor corporation liability claims against defendant should be dismissed because they had been inadequately pleaded; and 2) ruling that there was insufficient evidence to justify a trial. Full Article Corporation & Enterprise Law Injury & Tort Law
is Swart Enterprises v. Franchise Tax Bd. By feeds.findlaw.com Published On :: 2017-01-12T08:00:00+00:00 (California Court of Appeal) - In a case dealing with the issue of whether California's franchise tax applies to an out-of-state corporation whose sole connection with California is a 0.2 percent ownership interest in a manager-managed California limited liability company (LLC) investment fund, the trial court's judgment is affirmed where passively holding a 0.2 percent ownership interest, with no right of control over the business affairs of the LLC, does not constitute 'doing business' in California within the meaning of Rev. & Tax. Code section 23101. Full Article Tax Law Corporation & Enterprise Law
is Trikona Advisers Limited v. Chugh By feeds.findlaw.com Published On :: 2017-01-18T08:00:00+00:00 (United States Second Circuit) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings. Full Article Bankruptcy Law Injury & Tort Law Corporation & Enterprise Law Corp. Governance
is Trikona Advisers Limited v. Chugh By feeds.findlaw.com Published On :: 2017-01-18T08:00:00+00:00 (California Court of Appeal) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings. Full Article Corporation & Enterprise Law Corp. Governance Bankruptcy Law Injury & Tort Law
is Stein v. AXIS Ins. Co. By feeds.findlaw.com Published On :: 2017-04-06T08:00:00+00:00 (California Court of Appeal) - In an action against two insurance companies, brought by a plaintiff-insured who was denied coverage under a D&O policy because he was convicted of securities fraud, the trial court's judgment sustaining defendants' demurrer and dismissing the complaint is: 1) affirmed in part where the AXIS demurrer was properly sustained because AXIS was a stranger to the HCC policy and owed no duties connected with it; but 2) reversed in part where the HCC demurrer was improperly sustained because when a policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a 'final determination' of the insured's culpability applies only after the insured's direct appeals have been exhausted. Full Article Corporation & Enterprise Law Corp. Governance Contracts
is Seaview Trading, LLC v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2017-06-07T08:00:00+00:00 (United States Ninth Circuit) - In a petition challenging a notice of Final Partnership Administrative Adjustment, the Tax Court’s dismissal, for lack of jurisdiction, is affirmed where: 1) because plaintiff contended that his business entity was a small partnership not subject to the audit procedures under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), entities that are disregarded for federal tax purposes may nevertheless constitute pass-thru partners under 26 U.S.C. section 6231(a)(9), such that the small-partnership exception under section 6231 does not apply and the partnership is therefore subject to the TEFRA audit procedures; 2) resolution of this question iss inextricably intertwined with the contention that plaintiff had standing to file a petition for readjustment of partnership items on behalf of his purported small partnership; and 3) as to standing, because a party other than plaintiff's entity's tax matters partner filed a petition for readjustment of partnership items after the partnership had timely done the same, the Tax Court lacked jurisdiction under 26 U.S.C. section 6226. Full Article Tax Law Corporation & Enterprise Law
is DuQuesne Light Holdings, Inc. v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2017-06-29T08:00:00+00:00 (United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses. Full Article Tax Law Corporation & Enterprise Law
is Heller Ehrman LLP v. Davis Wright Tremaine LLP By feeds.findlaw.com Published On :: 2018-03-05T08:00:00+00:00 (Supreme Court of California) - Holding that under California law, a dissolved law firm has no property interest in legal matters handled on an hourly basis and therefore no interest in profits generated by a former partners' work on hourly fee matters pending at the time of dissolution. Full Article Property Law & Real Estate Corporation & Enterprise Law Attorney's Fees
is The Police Retirement System of St. Louis v. Page By feeds.findlaw.com Published On :: 2018-04-16T08:00:00+00:00 (California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations. Full Article Civil Procedure Cyberspace Law Labor & Employment Law Corp. Governance Corporation & Enterprise Law
is Summers v. The Superior Court of San Francisco County By feeds.findlaw.com Published On :: 2018-06-01T08:00:00+00:00 (California Court of Appeal) - Construing the appeal of a trial court order requiring a party whose ownership interests were contested to be a petition for writ of mandate and holding that partition statutes don't allow a court to order the manner of a property's partition before determining the ownership interests of the property at stake, reversing the court's order. Full Article Civil Procedure Property Law & Real Estate Corporation & Enterprise Law
is Altera Corp. v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (United States Ninth Circuit) - Upheld an Internal Revenue Service regulation addressing the tax treatment of employee stock options. In a ruling that has tax implications for multinational companies especially, the Ninth Circuit concluded that the Tax Court erred in striking down a regulation, 26 C.F.R. section 1.482-7A(d)(2), which says that related entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements and thus avoid an IRS adjustment. The panel held that the regulation was entitled to Chevron deference. Full Article Tax Law Corporation & Enterprise Law
is Slone v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (United States Ninth Circuit) - Held that shareholders were liable for taxes on proceeds from the sale of a close corporation. The Internal Revenue Service sued the shareholders, claiming they violated Arizona's Uniform Fraudulent Transfer Act by engaging in a complex series of stock and asset transactions that resulted in creating a debtor company unable to pay the tax bill. Agreeing with the IRS's position, the Ninth Circuit reversed a decision of the Tax Court and remanded with instructions to enter judgment in favor of the IRS. Full Article Corporation & Enterprise Law Tax Law Corp. Governance
is Jarvis v. Jarvis By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (California Court of Appeal) - Affirmed an order disqualifying an attorney from representing a partnership. The attorney had been hired for this purpose by one of two partners who were embroiled in litigation with each other. Full Article Civil Procedure Corporation & Enterprise Law
is Dept. of Finance v. Commission on State Mandates By feeds.findlaw.com Published On :: 2016-08-29T08:00:00+00:00 (Supreme Court of California) - In an action concerning who pays for storm drains, the Court of Appeal's conclusion that the Regional Water Quality Control Board for Los Angeles's permit conditions are mandated by federal law and that storm drain systems operators are not entitled to state reimbursement under Article XIII B, section 6, subd. (a) of the California Constitution is reversed where the permit conditions are not imposed by any federal law or regulatory system. Full Article Water Law Environmental Law Government Law Public Utilities Constitutional Law
is MPS Merchant Services, Inc. v. Federal Energy Regulatory Commission By feeds.findlaw.com Published On :: 2016-09-08T08:00:00+00:00 (United States Ninth Circuit) - In consolidated petitions for review brought by various power companies of FERC determinations that various energy companies committed tariff violations in California during the summer of 2000, the FERC determinations are affirmed where: 1) it did not arbitrarily and capriciously, or abuse its discretion in finding that electric sellers Shell Energy North America, LP, MPS Merchant Services, Inc., and Illinova Corporation violated the Cal-ISO tariff and Market Monitoring and Information Protocol; 2) FERC's Summer Period determinations regarding APX, Inc., and BP EnergyCo. were not arbitrary, capricious, or an abuse of discretion; and 3) because FERC's remedial order is not final, the panel lacked appellate jurisdiction over it. Full Article Public Utilities Administrative Law Oil and Gas Law
is Merced Irrigation District v. Super. Ct. By feeds.findlaw.com Published On :: 2017-01-24T08:00:00+00:00 (California Court of Appeal) - In a writ proceeding to challenge the trial court's conclusion that plaintiff was not a 'municipal corporation' for purpose of Public Utilities Code section 10251, which authorizes municipal corporations to recover all damages from any person who injures any facility or equipment of the municipal corporation through want of care, the petition is denied where the term 'municipal corporation' used in section 10251 does not include irrigation districts. Full Article Public Utilities
is SolarCity Corp. v. Salt River Agricultural Improvement and Power Dist. By feeds.findlaw.com Published On :: 2017-06-12T08:00:00+00:00 (United States Ninth Circuit) - In an antitrust lawsuit alleging a power district had attempted to entrench its monopoly by setting prices that disfavored solar-power providers, defendant's appeal of the district court order denying its motion to dismiss the suit based on the state-action immunity doctrine, is dismissed for lack of jurisdiction where the collateral order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity. Full Article Oil and Gas Law Antitrust & Trade Regulation Public Utilities Civil Procedure
is Plantier v. Ramona Municipal Water Dist. By feeds.findlaw.com Published On :: 2017-06-13T08:00:00+00:00 (California Court of Appeal) - In a class action against a Water District challenging the method used by District to calculate wastewater service 'fees or charges' between about 2012 and 2014, the trial court's judgment in favor of defendant, holding that plaintiffs failed to exhaust their administrative remedies under article XIII D of the California Constitution, is reversed where: 1) plaintiffs' class action is not barred by their failure to exhaust the administrative remedies set forth in section 6 because plaintiffs' substantive challenge involving the method used by District to calculate its wastewater service fees or charges is outside the scope of the administrative remedies; and 2) under the facts of this case, those remedies are, in any event, inadequate. Full Article Public Utilities Water Law Class Actions Constitutional Law Administrative Law
is Penn. Pub. Util. Commission v. Jenkins By feeds.findlaw.com Published On :: 2017-10-17T08:00:00+00:00 (United States First Circuit) - In a judgment enforcement action, the district court's order approving a sale recommended by the receiver as part of wrapping of a fifteen year case stemming from a $58 million judgment is affirmed where the sale appeal is not equitably moot and the district court's orders approving the sale details was not an abuse of discretion. Full Article Public Utilities Remedies Judgement Enforcement
is New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission By feeds.findlaw.com Published On :: 2018-03-12T08:00:00+00:00 (United States Second Circuit) - Denying a petition for review by the New York State Department of Environmental Conservation seeking to vacate two orders of the Federal Energy Regulatory Commission authorizing a company to construct a natural gas pipeline in New York and determining that the Department waived its authority to provide a water quality certification for the pipeline project under Section 401 of the Clean Water Act. Full Article Public Utilities Water Law Environmental Law
is Wilson v. Southern California Edison Company By feeds.findlaw.com Published On :: 2018-03-26T08:00:00+00:00 (California Court of Appeal) - Reversing the judgment and remanding the case of a woman whose home had a distressing electric charge, particularly in the shower, as the result of a power plant next door because the trial court erred in admitting irrelevant evidence relating to stray voltage incidents involving prior owners and tenants and that the admission of that evidence was prejudicial. Full Article Public Utilities Injury & Tort Law Civil Procedure
is World Business Academy v. California State Lands Commission By feeds.findlaw.com Published On :: 2018-06-13T08:00:00+00:00 (California Court of Appeal) - Affirming the denial of an administrative writ and declaratory relief in the case of a Pacific Gas and Electric Company lease extension on two long term leases on land used for water intake and discharge for a nuclear power plant because the lease replacement was subject to the existing facilities categorical exemption to the California Environmental Quality Act's environmental impact report requirement and the unusual circumstances exception did not apply. Full Article Environmental Law Public Utilities Administrative Law
is Turlock Irrigation District v. FERC By feeds.findlaw.com Published On :: 2018-09-06T08:00:00+00:00 (United States Ninth Circuit) - Granted a petition for review of a Federal Energy Regulatory Commission decision. Two irrigation districts contended that FERC should not have denied their complaint alleging that an electric utility company breached certain agreements with them. Concluding that FERC's orders were arbitrary and capricious, the Ninth Circuit granted the petition for review. Full Article Water Law Public Utilities
is Californians for Renewable Energy v. California Public Utilities Commission By feeds.findlaw.com Published On :: 2019-04-24T08:00:00+00:00 (United States Ninth Circuit) - Addressed small-scale solar energy producers' claims that the California Public Utilities Commission's programs do not comply with federal requirements. Affirmed in part and reversed in part. Full Article Public Utilities
is City and County of San Francisco v. Uber Technologies Inc. By feeds.findlaw.com Published On :: 2019-06-11T08:00:00+00:00 (California Court of Appeal) - Held that ride-sharing company Uber must comply with administrative subpoenas issued by San Francisco's City Attorney seeking data submitted to the California Public Utility Commission. Affirmed the decision below, rejecting Uber's confidentiality arguments. Full Article Government Law Transportation Public Utilities
is City of Hesperia v. Lake Arrowhead Comm. Serv. Dist By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued to prevent Defendant from violating city zoning laws to construct a solar energy project. Defendant claimed an exemption under Gov. Code, section 53091 and 53096. Court found that exemption does not apply and that there was no finding that no feasible alternative was available. Full Article Government Law Public Utilities
is Churchman v. Bay Area Rapid Transit Dist By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station. Full Article Government Law Injury & Tort Law Public Utilities
is Rivera v. Int'l Trade Commission By feeds.findlaw.com Published On :: 2017-05-23T08:00:00+00:00 (United States Federal Circuit) - In an appeal from a divided decision by the International Trade Commission, finding no violation of Section 337 of the Tariff Act of 1930, 19 U.S.C. section 1337, based on the Commission's holding of invalidity of certain asserted claims of appellant's patent that describes single-brew coffee machines, the Commission's decision is affirmed where substantial evidence supports the Commission's holding that all asserted claims are invalid for lack of written description. Full Article Intellectual Property Patent International Trade
is Cisco Systems, Inc. v. Int'l Trade Comm. By feeds.findlaw.com Published On :: 2017-10-18T08:00:00+00:00 (United States Federal Circuit) - In a patent action, the International Trade Commission's limited exclusion order for the import of certain network devices by Artista Networks, Inc., for infringing 3 patents belonging to Cisco Systems while finding no infringement on 2 other patents, is affirmed where the Commission's findings were supported by substantial evidence. Full Article Intellectual Property Patent International Trade International Law
is Changzhou Trina Solar Energy Co., Ltd. v. US International Trade Commission By feeds.findlaw.com Published On :: 2018-01-22T08:00:00+00:00 (United States Federal Circuit) - Affirming the US Court of International Trade's decision sustaining the International Trade Commission's finding that Chinese imports of crystalline silicon photovoltaic cells and modules were being dumped on the US market, damaging domestic industry, because these determinations were supported by substantial evidence on the record. Full Article Commercial Law Tax Law International Trade International Law
is BAE Systems Technology Solution and Services, Inc. v. Republic of Korea's Defense Acquisition Program Administration By feeds.findlaw.com Published On :: 2018-03-06T08:00:00+00:00 (United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes. Full Article Civil Procedure International Trade International Law Contracts