Following up on What VDPP v. Volkswagen Could Mean for Patent Settlements and Marking and aspects of No Spectacle Worth Watching: How a Non-Practicing Entity’s Failure to Mind Its Licensees Cost It the Case, the Federal Circuit’s decision in
When conducting investigations or determining whether to bring charges, the Department of Justice (DOJ) evaluates whether a company’s AI governance prevents deliberate or reckless misuse that could violate criminal law. The Securities and Exchange Commission (SEC) evaluates whether a company’s
Unless and until there is binding federal law governing noncompetes in all 50 states, noncompete agreements will continue to be governed by state law. In recent years, state legislatures have been increasingly active in regulating noncompetes and imposing minimum requirements
Trade secret lawyers commonly assert claims under both the federal Defend Trade Secrets Act (“DTSA”) and the applicable state’s version of the Uniform Trade Secrets Act (“UTSA”). But in doing so, they might overlook differences in the key elements and
Many construction contracts these days include an arbitration provision. Those provisions generally provide that disputes between the parties will be resolved through private arbitration rather than litigation in the public court system. As with other contractual rights, the right to
There’s a scene near the end of every heist movie where the crew finally cracks the vault and it’s empty. Somebody already got there first, or the money was never really in there to begin with. Four months into medical
On August 12, 2026, the 9th Circuit joined the D.C. Circuit in ruling that the doctrine of forum non conveniens does not apply to an action to confirm a foreign arbitral award under the New York Convention. A three-judge panel
If you’ve ever watched a bracket-style competition — March Madness, a baking show, take your pick — you know the format: a lot of contestants, a panel that has seen it all, and weeks that feel a lot longer to
The Federal Circuit’s decision in VDPP, LLC v. Volkswagen Group of America, Inc. offers a clear-eyed look at three recurring pain points in patent litigation: what it takes to plead, what is “exceptional” under 35 U.S.C. § 285, and what
On August 13, 2026, U.S. District Judge Eric Komitee of the Eastern District of New York issued a decision in Spetner v. Palestine Investment Bank that should command the attention of every financial institution operating in the United States. The
