As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from the ECT by EU member states,
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Minding Your Business, published by Proskauer Rose LLP, covers legal developments and issues affecting businesses across various sectors. The blog addresses topics such as securities litigation, regulatory compliance, corporate governance, labor and employment law, privacy and cybersecurity, and emerging legal challenges in technology and innovation. It also discusses litigation risks in specialized industries like aerospace and sports, transparency in court proceedings, consumer protection enforcement actions, and the impact of biometric data and virtual reality on sports law. The blog provides insights into regulatory changes, enforcement trends, and legal strategies relevant to corporate clients and legal practitioners.
Latest from Minding Your Business - Page 7
New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging
California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold.…
DOJ and FTC Release New Merger Guidelines
On December 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines. Following a 60-day public comment period that solicited over 30,000 comments from a variety of stakeholders, the finalized…
Federal Circuit Clarifies Reach of “Artificial” Act of Patent Infringement
Litigators in the life sciences field are no doubt familiar with the so-called “artificial” act of infringement established by 35 U.S.C. § 271(e)(2)(A)-(B): namely, that a party can be sued for patent infringement by merely filing an Abbreviated New Drug…
Alarm Bells Ringing? The Agencies Begin to Raise Competition Concerns Over Generative AI
With great promise comes great scrutiny. As artificial intelligence (“AI”) has become part of industries’ and individuals’ daily repertoire, it has also come under focus by antitrust regulators. The DOJ, in its so-called “Project Gretzky,” is gearing up…
The Journey vs. The Destination: Analyzing Jury Deliberation Styles
The role of juries in adjudicating cases has long been the subject of consternation and debate by those in the legal system. In civil jury trials, the jury acts as the fact-finder and must determine the proper level of liability…
Deadline Dexterity: PTAB Has Authority to Issue Decisions After Statutory Deadline
By Erin Short
Recently, in Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc., the Federal Circuit held for the first time that the Patent Trial and Appeal Board (“the Board”) has the authority to issue a Final Written Decision even after the statutory…
Un“Tangled”: Judge Dismisses Tangle’s Window Display IP Suit Against Aritzia
Judge Jeffrey White of the Northern District of California recently dismissed toy manufacturer Tangle’s copyright and trade dress suit against fashion retailer Aritzia. The suit was brought over Aritzia’s use of sculptures resembling Tangle’s toys in its window displays. Judge…
New FTC Resolution Confirms Commission’s Intent to Regulate AI and Paves the Way for Future Investigations and Enforcement Actions
By Marc Palmer
Making do on its promise to “use every tool” in its arsenal to regulate artificial intelligence (‘AI”), the Federal Trade Commission (“FTC”) unanimously approved a resolution on November 21, 2023 authorizing the use of compulsory process in non-public…
Amendments to Federal Rule 702, Now in Effect
Last year, we previewed impending changes to the federal rule that governs the admissibility of expert testimony: Federal Rule of Evidence (FRE) 702. Since our last blog post on this topic, Congress and the U.S. Supreme Court approved those amendments. And…