Practice Industry: Dispute Resolution, Environmental

Hunting Titan, Inc. v. DynaEnergetics Europe GMBH, Appeal Nos. 2020-2163, -2191 (Fed. Cir. March 24, 2022) In a notable review of the USPTO’s new Precedential Opinions Panel, the Federal Circuit discussed the circumstances under which the Patent Trial and Appeal Board should raise a ground of unpatentability against substitute proposed claims in a motion to amend that a petitioner has not advanced or insufficiently developed ...

Dinsmore & Shohl LLP | March 2022

Intending to provide clear reporting obligations for issuers, and to provide consistent, comparable, and decision-useful information for investors, on March 21, 2022, the Securities and Exchange Commission (SEC) proposed a landmark climate disclosure rule that would mandate SEC registrants to disclose greenhouse gas (GHG) emissions and certain materials risks relating to climate change ...

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction Scheduled for April 8, 2022, with each side being afforded 15 minutes for argument. It appears that oral argument may be livestreamed by the 11th Circuit.  Injunction Against Federal Contractor Vaccine Mandate Oral argument held on the United States’ appeal of a federal district court judge’s December 7, 2021, decision in Georgia v. Biden, Case No ...

Buchalter | March 2022

March 24, 2022 By: John Epperson and Peter McGaw UPDATE:  At the time Buchalter published its client alert regarding the new ASTM Standard for Phase I Environmental Site Assessments (Phase I ESAs), we noted that the new ASTM Standard would not be considered “All Appropriate Inquires” for purposes of establishing defenses under CERCLA until the Environmental Protection Agency (EPA) amended its regulations to incorporate the new Standard ...

Buchalter | March 2022

March 24, 2022 By: Karen N. George and Andrew H. Selesnick The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the dispute resolution process in the NSA will therefore not apply to DMHC claims ...

BASF Plant Sci., LP v. Commonw. Scientific and Indus. Research Org., Appeal Nos. 2020-1415, -1416, -1919, -1920 (Fed. Cir. Mar. 15, 2022) Our Case of the Week, an appeal from the U.S. District Court for the Eastern District of Virginia, has something for everyone: questions of venue and statutory interpretation, invalidity and written descriptions, contracts and co-ownership of patents, and willfulness, injunctions, and royalty rates ...

Shoosmiths LLP | March 2022

Parents of children with special educational needs who are moving to further education should consider all options and make sure their local authority sticks to its deadlines, says Shoosmiths’ Guv Samra. The advice from the education law specialist comes as an important deadline looms for young people with Education, Health and Care plans (EHCPs)who are transitioning to post 16/19 placements ...

Dinsmore & Shohl LLP | March 2022

In a defendant-friendly opinion, a split panel held that conduct based on an “objectively reasonable” reading of an ambiguous statute, absent contrary circuit court precedent or agency guidance, cannot constitute “knowing” misconduct under the False Claims Act. In United States ex rel. Sheldon v ...

Buchalter | March 2022

March 16, 2022 By Braeden Mansouri and Alicia Guerra On February 15, California’s preeminent institution of higher education, UC Berkeley (“UCB”), began emailing student applicants that UCB may be forced to withdraw admissions offers as a result of a recent California Court of Appeal decision ...

Shoosmiths LLP | March 2022

As the world becomes ever more focussed on environmental and climate change issues, so businesses are increasingly concentrating on whether their people are working in ways that best achieve the green credentials many organisations now aspire to. Employment practices and policies can be adjusted or altered in ways that will help organisations positively contribute towards lessening their environmental impact ...

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In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to Western District of Texas Judge Alan D ...

Shoosmiths LLP | March 2022

This week, the Ministry of Justice announced details about a new forward-thinking approach in private law children cases. The pilot scheme is intended to improve the way local authorities, the police and the family court share information to improve the support provided to victims of domestic abuse. The scheme The new approach is being piloted by family courts in Wales and Dorset, in cases dealing with child arrangement, specific issues and prohibited steps orders ...

Shoosmiths LLP | March 2022

We consider the first post Lloyd v Google decision considering loss of control damages under the GDPR and Data Protection Act 2018 and its implications for the future of data and privacy litigation. It suddenly became much more difficult to bring collective privacy claims in England in November last year when Google succeeded in the Lloyd v Google litigation before the UK Supreme Court ...

  Kochhar & Co. advised UK-based integrated manufacturing-services and power products company, Volex plc on its acquisition of majority stake in inYantra Technologies Pvt Ltd, an electronics design and manufacturing services company for USD 13 million (approx. INR 100 crore). The transaction entailed subscription to fresh equity issued by inYantra Technologies as also purchase of equity from the existing shareholders, by Volex plc through its Indian subsidiary ...

On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23, 2021), that contains a helpful discussion of the principle that an entity’s status as a small business at the time of “offer plus price” remains through the life of the contract, even if that entity subsequently becomes other than small ...

Buchalter | March 2022

March 8, 2022 By: Jarrett S. Osborne-Revis and Robert S. McWhorter On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification request.[1] Sheen, like many other loan-modification cases resulting from the 2008 recession, arose from a dispute between the plaintiff Kwang K ...

DBN Holding, Inc. v. International Trade Commission, Appeal No. 2020-2342 (Fed. Cir. Mar. 1, 2022) The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth in the case—the issues were far removed from issues concerning patent law, and instead related to modifications of consent orders. Thus, we cover the case only in abbreviated form ...

Dinsmore & Shohl LLP | March 2022

In December, Florida’s Third District Court of Appeal reversed a judgment in favor of a landlord holding that a contractor’s lien could not attach to the real property being improvement by a tenant of the landlord. The reversal allowed the contractor’s lien enforcement claim to proceed. K.D. Construction of Florida, Inc. v. MDM Retail Ltd, arose from improvements made to a movie theater by a contractor ...

Shoosmiths LLP | March 2022

Creating a family using surrogacy is a popular option for male same-sex couples. Surrogacy is when a woman carries and gives birth to a baby for a couple, or another person. Altruistic surrogacy is available in the UK and preliminary considerations are likely to include, which of the couple will be biologically linked to the child and what type of surrogacy will be used ...

Shoosmiths LLP | March 2022

Investors were awarded compensation under a bilateral investment treaty, but under EU law, payment of the award constitutes unlawful State aid. This Catch-22 situation is at the heart of a long-running case across jurisdictions. In the latest development, the European Commission has decided to refer the United Kingdom to the European Court of Justice in relation to a judgement of the UK’s Supreme Court to lift the stay of enforcement of an ICSID arbitration award against Romania ...

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