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Amended Local Rule 3.2 — Expanding Affiliate Notification

By R. David Donoghue on November 20, 2006
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Although the amendment will still be open for public comment, effective December 1st the Northern District has amended Local Rule 3.2.  In its current form, Local Rule 3.2 requires that any nongovernmental corporate party file a statement identifying its parent corporations and any publicly held company that owns 10% or more of the party.  The Northern District has revised the rule expanding the categories of parties that must file a notification and the scope of the notification.  You can read a redlined version of the amended Local Rule 3.2 here.

First, instead of requiring that “nongovernmental corporate” parties file the notification, any nongovernmental party except individuals and soleproprietorships must file a statement identifying all affiliates.  Affiliates is defined for three classes of entities:  1) corporations; 2) partnerships, joint ventures, LLCs and LLPs; and 3) other unincorporated associations.  The reporting requirements are as follows:

Corporations must identify all parents and any entity (public or otherwise) holding 5% or more (instead of 10%) of the corporation. 

Partnerships, joint ventures, LLCs and LLPs must identify any member. 

Other unincorporated associations must identify any corporate member.

The time for filing has not changed.  A party must file a Local Rule 3.2 statement with its complaint or answer.

  • Posted in:
    Corporate Governance and Compliance
  • Blog:
    Chicago IP Litigation
  • Organization:
    R. David Donoghue
  • Article: View Original Source

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