Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Latest from Minding Your Business

Minding Your Business

Delaware Chancery Holds Early Committee Appointment Necessary to Cleanse Conflict from Corporate Transactions

By Adam L. Deming

April 7, 2020

In Salladay v. Lev, the Delaware Chancery Court elaborated on how early a corporate board must take protective measures to shield a conflicted transaction from entire fairness review. Salladay involved a motion to dismiss a challenge to a merger agreement based on alleged director conflicts at the target company. The defendants argued that the transaction was approved by an independent committee of directors and a shareholder vote, warranting deferential business judgment review and, in…

Minding Your Business

Jeep Drivers’ Claims Come to a Screeching Halt: Hypothetical Hacking Threat Does Not Confer Article III Standing

By Melissa D. DiGrande

April 7, 2020

On March 27, 2020, a five-year legal battle between three certified classes of Jeep Cherokee drivers and Fiat Chrysler came to a sudden end, when a federal judge in the Southern District of Illinois held that allegations that the vehicles were vulnerable to cyber-attacks did not give plaintiffs standing to sue under Article III of the Constitution.…

Minding Your Business

First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied

By Brittany Benavidez

March 31, 2020

On March 13, 2020, the U.S. Court of Appeals for the First Circuit, in a case of first impression, held that a copyright licensee given the unrestricted right to grant sublicenses may do so without using express language. The case, Photographic Illustrators Corp. v. Orgill, Inc., stems from a license Photographic Illustrators Corp. (“PIC”), a provider of commercial photography services, granted to Osram Sylvania, Inc. (“Sylvania”), a leading manufacturer of lightbulbs, permitting Sylvania to…

Minding Your Business

United Kingdom’s CMA Issues Guidance to Businesses on Co-Operation During the Crisis

By Jade-Alexandra Fearns

March 30, 2020

As we reported here, the UK government announced that, as part of a package of measures to allow UK grocery supermarkets to work together to feed the nation during the COVID-19 crisis, certain provisions of UK competition law will be relaxed temporarily for the domestic food sector. The CMA has now published a document setting out its approach to business co-operation more generally in response to COVID-19. …

Minding Your Business

A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict

By Anisha Shenai-Khatkhate

March 30, 2020

Nearly eight months after a trial that culminated in an adverse jury verdict, pop singer Katy Perry recently achieved a “Dark Horse” victory, proving that the legal battle was “Never Really Over.”…

Minding Your Business

States Cannot be Sued for Copyright Infringement Says the Supreme Court

By Monique Curry

March 24, 2020

On March 23, 2020, the United States Supreme Court ruled that States cannot be sued for copyright infringement under principles of sovereign immunity. This ruling arose from a filmmaker’s suit against the state of North Carolina for unauthorized use of his copyrighted works—footage of a ship wreckage.…

Minding Your Business

Flexibility within a Crisis: The European Competition Network’s Response to COVID-19

By Jade-Alexandra Fearns

March 24, 2020

On March 23, 2020, the European Commission announced that all competition authorities in the European Competition Network (ECN) (the Commission, the European Surveillance Authority, and the national competition authorities of each EU/EEA Member State) issued a joint statement on how to apply the European competition rules during the COVID-19 crisis.…

Minding Your Business

Antitrust Enforcers Target Coronavirus-related Violations

By Stephen R. Chuk, Jade-Alexandra Fearns, Colin Kass & Christopher E. Ondeck

March 23, 2020

As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as industries – both essential and hard-hit – grapple with the new environment.…

Minding Your Business

Takeaways from Recent Remarks on the DOJ Antitrust Leniency Program

By Lindsey Olson Collins

March 17, 2020

In February 2020, at the 13th International Cartel Workshop, Deputy Assistant Attorney General (DAAG) Powers provided some insight as to the DOJ’s current views about the Antitrust Division’s Leniency Program. The headline: no major changes; but there are a few interesting takeaways, which we offer below.…

Minding Your Business

To the Victor Go the Spoliation Sanctions: Eastern District of Louisiana Exercises Inherent Power to Issue Sanctions for Spoliation

By Julia M. Ansanelli

February 27, 2020

Parties should think twice before posting potential evidence on social media, as the Plaintiff in Guarisco v. Boh Brothers Construction learned recently. The Eastern District of Louisiana imposed sanctions on Plaintiff for deliberately producing an altered photo, which Plaintiff had previously posted on social media in its unaltered form. Rather than relying on Rule 37(e), which it found was not applicable to the facts, the court exercised its inherent power to issue sanctions for such…

Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Blog Authors

Delaware Chancery Holds Early Committee Appointment Necessary to Cleanse Conflict from Corporate Transactions

Jeep Drivers’ Claims Come to a Screeching Halt: Hypothetical Hacking Threat Does Not Confer Article III Standing

First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied

United Kingdom’s CMA Issues Guidance to Businesses on Co-Operation During the Crisis

A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict

States Cannot be Sued for Copyright Infringement Says the Supreme Court

Flexibility within a Crisis: The European Competition Network’s Response to COVID-19

Antitrust Enforcers Target Coronavirus-related Violations

Takeaways from Recent Remarks on the DOJ Antitrust Leniency Program

To the Victor Go the Spoliation Sanctions: Eastern District of Louisiana Exercises Inherent Power to Issue Sanctions for Spoliation

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