Tag Archives: Litigation

Sunlight is the best disinfectant: SEC charges oil company for fraud on EB-5 investors

In a recent action, SEC v. Luca International Group, LLC et al. (“SEC v. Luca“), the Securities and Exchange Commission (SEC) has charged a California-based oil and gas company and its CEO with violations of securities laws in connection with a $68 million Ponzi scheme and affinity fraud. The target of the fraud was the …

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U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to recognize same-sex marriages performed in other states.  The decision comes exactly two years to the day from the Court’s decision …

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Kimble v. Marvel – Supreme Court Sticks With Brulotte Rule on Royalty Payments

In a rather breezy opinion filled with Spiderman puns and references, Justice Kagan, writing for a 6/3 Court, affirmed that Brulotte v. Thys Co., 379 U.S. 29 (1964) controlled the outcome of this dispute over Marvel’s decision to halt royalty payments on a web-slinger toy that it had apparently agreed to make “for as long as …

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Register for the 9th Annual National Institute on E-Discovery – May 15th in New York City

Remaining current is critical to successful litigation. This program is relevant for both in-house and outside counsel who are involved in litigation and the discovery process. E-Discovery is a rapidly evolving field with laws and regulations that are constantly changing.  Attendees of this program will gain practical knowledge that may be implemented immediately in day-to-day operations. …

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May 15th in NYC: Attend the ABA’s Ninth Annual National Institute on E-Discovery

Remaining current is critical to successful litigation. This program is relevant for both in-house and outside counsel who are involved in litigation and the discovery process. E-Discovery is a rapidly evolving field with laws and regulations that are constantly changing.  Attendees of this program will gain practical knowledge that may be implemented immediately in day-to-day operations. …

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May 15th in NYC: Attend the ABA's Ninth Annual National Institute on E-Discovery

Remaining current is critical to successful litigation. This program is relevant for both in-house and outside counsel who are involved in litigation and the discovery process. E-Discovery is a rapidly evolving field with laws and regulations that are constantly changing.  Attendees of this program will gain practical knowledge that may be implemented immediately in day-to-day operations. …

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B&B Hardware, Inc. v. Hargis Industries, Inc.: Trademark Litigation Might Get Simpler

Trademark litigation includes two similar types of proceedings. First, and most common, issues of trademark infringement and cancellation of a mark may be raised in a trial (i.e., a traditional fight in either State Court or Federal District Court before a judge or jury involving oral testimony). Second, and less common, issues of trademark registration …

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B&B Hardware, Inc. v. Hargis Industries, Inc.: Trademark Litigation Might Get Simpler

Trademark litigation includes two similar types of proceedings. First, and most common, issues of trademark infringement and cancellation of a mark may be raised in a trial (i.e., a traditional fight in either State Court or Federal District Court before a judge or jury involving oral testimony). Second, and less common, issues of trademark registration …

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40 Essential Apps For Trial Lawyers, Part Two

As we noted in Part One of this post, iPads have become ubiquitous in courtrooms and depositions since lawyers use them for everything from keeping organized to presenting evidence. Since 2011, when BullsEye first surveyed some of the most popular apps for trial, the number of litigation-related apps has grown significantly. When we recently decided to take another …

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Recent Trends in ESOP Litigation — Employee Stock Ownership Plan

There has been a lot of attention in the world of employee ownership plans to the 2014 Supreme Court Decision in Fifth Third Bancorp v. Dudenhoeffer. In that case, the Court ruled that “the law does not create a special presumption favoring ESOP (Employee Stock Ownership Plan) fiduciaries. Rather, the same standard of prudence applies …

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