hold

US v. Holden

(United States Ninth Circuit) - Affirmed an investment promoter's conviction of mail and wire fraud and other offenses, but vacated and remanded for resentencing. On appeal, the defendant contended that the trial judge had misinstructed the jury on the elements of the crimes and also challenged the two-level organizer sentencing enhancement. The Ninth Circuit rejected his arguments concerning the jury instructions but vacated his 87-month prison sentence and the restitution order and remanded for further proceedings.



  • Criminal Law & Procedure
  • Sentencing
  • White Collar Crime

hold

GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




hold

Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




hold

Wanderers hold firm against Wellington

The Wanderers won’t be relaxing after a draw against the Wellington Phoenix with their sights now set on Brisbane Roar.




hold

Montes-Lopez v. Holder

(United States Ninth Circuit) - An El Salvadorian citizen's petition for review of or an order of removal is granted where the petitioner's right to be presented in the proceedings by retained counsel, established under 8 U.S.C. section 1362, was violated when his attorney failed to appear at a scheduled merits hearing before an Immigration Judge because his license to practice law had been temporarily suspended. Further, a petitioner so denied his right to counsel in an immigration proceeding is not required to demonstrate actual prejudice in order to obtain relief.




hold

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




hold

Guippone v. BH S&B Holdings LLC

(United States Second Circuit) - Dismissal of plaintiff's putative class action claim brought against defendants for alleged violations of the Worker Adjustment Retraining and Notification Act (WARN) is: 1) affirmed in part, where the district court correctly determined the private equity defendants were investors, not "single employers" with their subsidiary within the meaning of WARN, and thus were properly dismissed; and 2) vacated in part and remanded, where the district court erred in granting summary judgment to defendant BHY S&B HoldCo, LLC, which operated the entity plaintiff worked for, because plaintiff raised a question of material fact as to whether defendant BHY S&B HoldCo, LLC was a single employer with BH S&B Holdings LLC.




hold

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




hold

Ingenco Holdings, LLC v. ACE American Insurance Co.

(United States Ninth Circuit) - In an insurance coverage dispute, revived an industrial plant's claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling.




hold

Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

(California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser.




hold

DuQuesne Light Holdings, Inc. v. Commissioner of Internal Revenue

(United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses.



  • Tax Law
  • Corporation & Enterprise Law

hold

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




hold

WMI Holdings Corp. v. US

(United States Federal Circuit) - Affirming the US Court of Federal Claims dismissal of a company's action seeking refunds for losses and deductions its predecessor company allegedly should have received for certain intangible assets acquired from the federal government in the 1980s because the court's findings that the company failed to establish with a reasonable degree of certainty the cost basis in each of the assets at issue was not clearly erroneous.



  • Tax Law
  • Corporation & Enterprise Law

hold

Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




hold

DWA Holdings, LLC v. US

(United States Federal Circuit) - Reversing and remanding a US Court of Federal Claims summary judgment ruling that a company's overseas earnings did not entitle them to transitional benefits under the American Jobs Creation Act because their holding that the law only provided transitional relief for income earned between 2006 and 2006 was incorrect.




hold

Impax Lab. Inc. v. Lannett Holdings Inc

(United States Federal Circuit) - Affirmed the ruling that certain patent claims for pharmaceutical formulations, intranasal administration devices or aqueous solutions of zolmitripatan are not valid. The court found that defendant failed to prove that the claims at issue would have been obvious over the prior art.




hold

GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




hold

In re Perlbinder Holdings, LLC

(Court of Appeals of New York) - In a real estate and property action, arising after the Manhattan Department of Buildings revoked plaintiff's erroneously-issued permit for a large outdoor advertising sign, the order of the Appellate Division is reversed where: 1) plaintiff did not acquire a vested right to maintain the sign on its property through its reliance on the erroneously issued permit; and 2) the issue of plaintiff's good-faith reliance on the erroneously-issued permit is properly raised in an application for a zoning variance.




hold

NRP Holdings LLC v. City of Buffalo

(United States Second Circuit) - Held that a mayor had legislative immunity from claims that he scuttled a low‐income housing project because the prospective developer refused to hire his political ally as a contractor on the project. Affirmed judgment in favor of the mayor and the other defendants.




hold

US v Holden

(United States Ninth Circuit) - Amended an opinion filed on July 26, 2018 for a case which affirmed the defendant's conviction for mail and wire fraud, but vacated a custodial sentence and restitution with remand for further proceedings. The sentence was vacated because the record did not support the conclusion that the defendant exercised sufficient control over a co-conspirator. Restitution was vacated because the district court's ruling was internally inconsistent in ordering immediate payment and payments over time in the same order.




hold

DRK Photo v. McGraw Hill Global Education Holdings, LLC

(United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing.




hold

NAF Holdings, LLC v. Li & Fund (Trading) Limited

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.




hold

Mercury Systems, Inc. v. Shareholder Representative Servs., LLC

(United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder.




hold

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




hold

Tucker Carlson: 'Sociopath' Adam Schiff 'Unfit to Hold Office,' 'He Should Resign'

Friday, Fox News Channel's Tucker Carlson called on Rep. Adam Schiff (D-CA) to resign given how the saga regarding former National Security Advisor Michael Flynn has unfolded, calling the California Democrat a "sociopath."




hold

Uptown Grill, L.L.C. v. Camellia Grill Holdings, Inc.

(United States Fifth Circuit) - In a contractual dispute over ownership of a trademark in a restaurant name, affirmed a bench trial decision in part and reversed it in part.




hold

Trinity Industries Inc. v. Greenlease Holding Co.

(United States Third Circuit) - Vacated a ruling allocating the costs of cleaning up a contaminated manufacturing site. A successor company brought a contribution action against its predecessor company seeking to recover the costs it had incurred when government regulators forced it to remediate the site. The district court arrived at a percentage method of splitting the costs between the two companies, but on appeal the Third Circuit reversed and remanded for further proceedings.




hold

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




hold

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




hold

Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




hold

In re Life Partners Holdings Inc.

(United States Fifth Circuit) - In the bankruptcy proceeding of an investment business that had committed securities fraud, revived some of the bankruptcy trustee's claims against individuals and entities that referred potential investors in exchange for sales commissions. Reversed a dismissal in relevant part.




hold

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




hold

Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




hold

Newman v. Lehman Brothers Holdings Inc.

(United States First Circuit) - Affirmed the dismissal of an employee's claim brought under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002. An employee of an investment brokerage firm claimed that she suffered retaliation after she reported to her supervisors and a company hotline that she suspected certain coworkers to be in violation of federal securities law. Agreeing with the district court, the First Circuit held that her whistleblower claim failed because she did not exhaust administrative remedies before bringing the claim.




hold

Tri-State’s largest member electric cooperative sues, claiming contract holds it captive

Tri-State Generation and Transmission Association's largest member is suing the wholesale power provider over what it claims is a scheme to hold it hostage to "an expensive and restrictive contract" that could result in millions of dollars of damages. The Colorado-based utility serves 43 members in four states.




hold

Rockies’ ticket policy includes individual refunds and 10% bonus plan for season-ticket holders

The Rockies have already lost 28 home games scheduled for April and May, and it remains to be seen if fans will be able to view any games at Coors this season.




hold

Hip Hop Community Holding Benefit For NY Healthcare Workers



See more of the best quarantine lituations in music.





hold

Diddy Says He Will Hold His Vote "Hostage"



"I will hold the vote hostage if I have to."




hold

Chicago Mayor ‘Will Hold Those Responsible’ For House Party



The video shows people ignoring social distancing.




hold

DHT Holdings Reports Q2 Loss Of $10.5 Million

Bermuda-based independent oil tanker company DHT Holdings Inc. on Tuesday [Aug 6] reported a loss of $10.5 million in its second quarter. The firm said it had a loss of .7 cents on a per-share basis. Losses, adjusted for non-recurring costs, came to 3 cents per share. DHT Holdings posted revenue of $106.2 million in […]

(Click to read the full article)




hold

BFA To Hold Women’s Football Symposium

The Bermuda Football Association [BFA] is getting set to hold its second annual Women’s Football Symposium on March 13 and March 14. A spokesperson said, “The Bermuda Football Association [BFA] will hold its second annual Women’s Football Symposium during a weekend for girls and women’s empowerment in football. The symposium and activities will start on […]

(Click to read the full article)




hold

Photos: DOE Holds Electric Vehicle Showcase

The Department of Energy [DOE], in collaboration with Bermuda’s leading electric vehicle distributors, entrepreneurs and enthusiasts, hosted the Island’s first free, multi-vendor Electric Vehicle Showcase yesterday [Nov 16] at the Regency Terrace of the Hamilton Princess and Beach Club. The public were invited to view some of the latest electric vehicle technology being offered on the […]

(Click to read the full article)




hold

Comet Class Holds Annual Prize Giving

The Comet Class Yacht Racing Association of Bermuda [CCYRA] held its annual prize giving at the Mid-Atlantic Boat & Sports Club on Saturday, January 18, with a number of sailors receiving cups, medals, and certificates for their competitive efforts. A spokesperson said, “Congratulations, compliments and future challenges marked the Comet Class Yacht Racing Association of […]

(Click to read the full article)




hold

Pilot Gig Club Holds Blessing For New Boats

On Monday evening, the Bermuda Pilot Gig Club launched their three new vessels, with the boats being blessed and christened by Bishop Nicholas Dill at the Spanish Point Boat Club. The names selected for the new gigs were Pilot James Forbes, Pilot James T. Griffiths and Pilot John Cann, with each of these pilots having […]

(Click to read the full article)




hold

Bermuda Pilot Gig Club Holds Racing Event

The Bermuda Pilot Gig Club hosted a crew from Lyme Regis in the UK at a racing event held in perfect conditions in the Great Sound on Thursday evening. The first race was a one mile sprint and was won by the experienced Lyme Regis crew, followed closely by a crew from Mariners RFC. The […]

(Click to read the full article)




hold

Charleston Battery Holds Q&A With Zeiko Lewis

While most sporting leagues around the world continue to be suspended due to the ongoing Covid-19 pandemic, Charleston Battery recently featured Bermudian footballer Zeiko Lewis in the latest installment of their “Behind the Black and Yellow” series. The segment on the Charleston Battery website said, “Following a breakout rookie campaign in 2019, Zeiko Lewis is […]

(Click to read the full article)




hold

GoMedia, SGI Sports Holding Football Contest

GoMedia and SGI Sports are holding a football skills contest, with people invited to send in videos showing off their skills, with prizes to be awarded to the winners. The event poster says, “Multimedia production group Go Media joins with Shaun Goater and SGI Sports in inviting all football skillers to participate in the lockdown […]

(Click to read the full article)




hold

Author Marilyn Steede To Hold Book Signing

Author Marilyn Steede will be holding a book signing event for her book “When Your Body Gets Weak” on Thursday, October 17  at the Bermuda Nationa Library. The event poster said, “Not your typical romantic escapade, When Your Body Gets Weak depicts a May/November romance. The story blends intrigue, suspense, jealousy, desolation, physical fitness, camaraderie, […]

(Click to read the full article)




hold

Photos: Warwick Academy Holds Book Week

Warwick Academy recently held its annual Book Week, with the genre being ‘Science Fiction’. A spokesperson said, “In Warwick Academy, every year we have a week called Book Week. It is a marvelous way to learn. This year, the genre we are doing is ‘Science Fiction’. Every year group explored science fiction books and also […]

(Click to read the full article)