We are keeping an eye on the progress of the reform of the English Arbitration Act 1996. The Arbitration Bill, first introduced in November 2023, was designed to update the Arbitration Act 1996 and reinforce England’s position as an attractive
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
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Long-Awaited Revisions to HSR Reporting Rules Set to Take Effect This January
The Federal Trade Commission (“FTC”) has announced a final rulemaking on a unanimous vote that will expand the reporting requirements for mergers and acquisitions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The new reporting requirements will go…
The Broad Impact of Edwards v. Meril on the Safe Harbor Provision
The Federal Circuit’s decision in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., has garnered significant attention, especially concerning the application of the “safe harbor” provision under 35 U.S.C. § 271(e)(1). The Federal Circuit’s ruling, and the subsequent…
For All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With Sidibe v. Sutter Decision
The June 4, 2024 Ninth Circuit Court of Appeals decision in Sidibe v. Sutter Health marks a potential shift in how rule of reason antitrust cases are approached and adjudicated. The opinion underscores the significance of historical evidence in antitrust…
Become An Expert in Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 2
In the first part of this article, we discussed why we need experts in international arbitration, how to find the right expert to instruct, and some practical guidance on how to work with experts for the best results. In…
The App Store Wars: An “Epic” Loss for Google Takes Shape

Although Google fought tooth and nail against it, a win for an underdog video game developer means the Google Play Store could likely soon look a lot different for Android users. Google met its match in December when Epic Games,…
Become An Expert In Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 1
Experts can make or break a case. In this two-part article, we consider how to get the best results at trial looking at the why, the who and the how of working with experts.…
A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform
Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to the Act since its inception. However, Prime Minister Rishi…
Recent Developments in International Arbitration: English Court Sets Aside Arbitral Awards in Landmark Nigeria Case
In this article series, we look at key arbitration related decisions from the past year and draw out the key lessons for users of arbitration.
Arbitral awards are rarely set aside by national courts but the 2023 English case of…
Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related To its Participation in SBA Program
AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve disputes in…