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Raytheon Co. v. Indigo Systems Corp.

(United States Federal Circuit) - Affirmed a finding of no liability in a trade secret misappropriation case where a jury found that a competitor did not steal Raytheon's trade secrets relating to the production of infrared cameras. Raytheon appealed but the Federal Circuit affirmed denial of the company's JMOL and new-trial motions, and also affirmed denial of the competitor's motion for attorney fees.




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In Re Rembrandt Techs. LP Patent Litig.

(United States Federal Circuit) - Affirmed in part and vacated in part. Rembrandt filed numerous patent infringement actions against dozens of cable companies. After years of litigation, the district entered final judgment against Rembrandt for all claims. Cable company defendants filed a motion for attorney fees. The district court issued an order declaring the case exceptional and granting more than $51 million in fees. Rembrandt appealed the award. The Federal Circuit affirmed the exceptional case determination, but vacated and remanded the fees award for further analysis of the connection between the fees and the plaintiff’s misconduct.




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Miller v. Office of Personnel Management

(United States Federal Circuit) - Held that the federal government did not properly calculate the retirement annuity of a retired federal employee. The retiree, who had served in both the military and civilian sectors of the U.S. government, argued that he was entitled to civilian service credit for additional discrete time periods of his government service. On his petition for review of a Merit Systems Protection Board decision, the Federal Circuit affirmed in part and reversed in part.




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Ligue 1 season canceled, no sports in France until September




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Report: Liverpool hesitating over Werner move due to pandemic




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Aubusson joins esteemed Rooster’s list

WHILE most players his age have jumped two or three clubs, Mitch Aubusson has stayed loyal to the Roosters and joined some exclusive company in the process.




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Report: United recall players to UK as Premier League eyes restart




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Report: Premier League doctors question safety of restart plan




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Di Maria's wife blasts 'horrible' Manchester in remarkable rant




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Belarusian Premier League weekend betting preview




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Report: Premier League expects test results quicker than frontline workers




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IAR Systems v. Super. Ct.

(California Court of Appeal) - In an action seeking a writ of mandate ordering the trial court to vacate its finding that a law firm should be deemed part of the 'prosecution team' prosecuting defendant/real party in interest for embezzlement, and granting defendant's motion ordering the law firm to disclose material, exculpatory evidence in its possession in accordance with Brady v. Maryland (1963) 373 U.S. 83, the relief is granted where the trial court erred in: 1) imposing a duty under Brady to disclose material, exculpatory evidence directly on the law firm, as opposed to on the prosecution; and 2) in finding the law firm to be part of the prosecution team.



  • White Collar Crime
  • Evidence
  • Criminal Law & Procedure

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Solskjaer casts doubt over Rashford's Euro 2020 involvement




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Report: UEFA wants £275M from clubs, leagues for Euro 2020 postponement




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Euro 2021: Postponement a big boost for the Netherlands




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3 nations hurt by Euro postponement




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Hyatt v. Office of Management and Budget

(United States Ninth Circuit) - Held that an individual could obtain judicial review of the federal government's denial of his petition under the Paperwork Reduction Act, which authorizes individuals to petition for a determination of whether they must provide information requested by a government agency. Reversed and remanded for further proceedings in the district court, in a case involving information collected by the Patent and Trademark Office.




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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.




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Banks out for remainder of Grey Cup with lower-body injury




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Report: Wimbledon to net £100M from pandemic insurance policy




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Barnes, Crosby, Fitzerald & Zeman, LLP v. Ringler

(California Court of Appeal) - In a law firm's suit to enforce a fee-splitting agreement against another law firm, arising from an underlying class action, trial court's judgment in favor of the defendant-law firm is reversed where an attorney may be equitably estopped from claiming that a fee-sharing contract is unenforceable due to noncompliance with rule 2-200 or rule 3.769, where that attorney is responsible for such noncompliance and has unfairly prevent another lawyer from complying with the rules' mandates.




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In re DeMarco

(United States Second Circuit) - The subject attorney, admitted to the bar of this Court, is publicly reprimanded for his misconduct in this Court where: 1) he failed to timely file petitions for review, submitted deficient briefs, failed to file proper forms in eleven cases, and failed to timely file briefs in ten cases; and thus, 2) the Court's Committee on Admissions and Grievances's recommendations and findings of fact, with certain exceptions, are adopted.



  • Ethics & Disciplinary Code
  • Ethics & Professional Responsibility

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Altavion, Inc. v. Konica Minolta Systems Laboratory

(California Court of Appeal) - Judgment for plaintiff finding that defendant had misappropriated plaintiff's trade secrets regarding its digital stamping technology (DST), which was disclosed to defendant during negotiations pursuant to Non-Disclosure Agreement, is affirmed, where: 1) plaintiff did not fail to adequately identify its trade secrets; 2) the trial court did not err in its identification of the misappropriated trade secrets; 3) ideas are protectable as trade secrets; 4) design concepts underlying plaintiff's DST constitute protectable "information"; 5) substantial evidence supports the trial court's finding that plaintiff's DST design concepts had independent economic value and the finding that defendant misappropriated plaintiff's trade secrets; 6) the trial court properly based its damages award on the reasonable royalty measure of damages, and did not err in awarding prejudgment interest; and 7) defendant has not demonstrated the trial court abused its discretion in basing its fee award on local hourly rates or shown the hourly rates employed by the trial court were unreasonable.




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uPI Semiconductor Corporation v. ITC

(United States Federal Circuit) - Ruling of the International Trade Commission that respondent-intervenor uPI violated the Consent Order as to the imports known as "formerly accused products" is affirmed, the modified penalty is affirmed, and the ruling of no violation as to the post-Consent Order products is reversed, where: 1) substantial evidence does not support the Commission's conclusion that uPI's post-Consent Order products were independently developed; and 2) the United States sale or importation of downstream products, which incorporate uPI's formerly accused upstream products and infringe the '190 patent, constitutes a violation of the Consent Order's knowingly aiding or abetting provision.




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ABB Turbo Systems AG v. TurboUSA, Inc.

(United States Federal Circuit) - In this case, plaintiffs allege that defendants violated state-law torts of misappropriation of trade secrets and engaged in conspiracy to misappropriate trade secrets. Dismissal of the complaint for failure to state a claim on which relief can be granted is reversed and remanded for further proceedings, where: 1) the district court relied on judgments about the merits that go beyond what is authorized at the complaint stage; and 2) plaintiffs' specific factual allegations of protective measures taken against trade secret misappropriation are enough to survive a motion to dismiss.




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Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

(California Court of Appeal) - Award of attorney fees to defendant in an underlying action for misappropriation of trade secret by seeking to hire away plaintiff's employees, is affirmed where: 1) the trial court's findings are free of procedural error; 2) the finding of plaintiff's bad faith is amply supported by evidence that defendants did no more than attempting to recruit the employees of a competitor, which they are entitled to do under California state law; and 3) defendant prevailed when plaintiff dismissed the suit to avoid an adverse determination on the merits.




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Richtek USA v. uPI Semiconductor Corp.

(California Court of Appeal) - In a trademark secrets and employment case arising out of the formation of defendant uPI Semiconductors by employees of plaintiff Richtek, the sustaining of defendants' demurrer is reversed where the trial court improperly took judicial notice of the substantive allegations contained in two 2007 court complaints filed in Taiwan to resolve factual disputes in the case.




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Raytheon Co. v. Indigo Systems Corp.

(United States Federal Circuit) - Affirmed a finding of no liability in a trade secret misappropriation case where a jury found that a competitor did not steal Raytheon's trade secrets relating to the production of infrared cameras. Raytheon appealed but the Federal Circuit affirmed denial of the company's JMOL and new-trial motions, and also affirmed denial of the competitor's motion for attorney fees.




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Dunster Live, LLC v. LoneStar Logos Management Co.

(United States Fifth Circuit) - Held that a defendant was not entitled to prevailing party attorney fees under the federal Defend Trade Secrets Act, enacted in 2016, because the plaintiff's voluntary dismissal of the case without prejudice meant no one had prevailed here. Affirmed the denial of fees.




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Universal Instruments Corp. v. Micro Systems Engineering, Inc.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.




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Williams v. Fremont Corners, Inc.

(California Court of Appeal) - Affirmed. Plaintiff sued for negligence and premises liability for an assault that injured him in the Defendant's parking lot. The trial court found that Plaintiff had not met his burden of showing foreseeability of violent criminal assaults. Therefore, Defendant did not have a legal duty to implement additional security measures to prevent possible third-party conduct.




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Huckey v. City of Temecula

(California Court of Appeal) - Affirmed. The trial court granted City's motion for summary judgment. Plaintiff sued City for injuries from tripping and falling over a defective sidewalk. The trial court ruled that the defect was trivial as a matter of law.




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Capitol Services Management v. Vesta Corp.

(United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint.




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Kemper v. Deutsche Bank AG

(United States Seventh Circuit) - Held that the mother of a U.S. Army service member who was killed by a roadside bomb in Iraq did not state a claim against a Germany-based bank. She claimed that the bank was responsible for her son's death under the Anti-Terrorism Act because it had conspired with Iran by evading U.S. banking sanctions. She contended that the fatal bomb was a signature Iranian weapon. Affirmed that she did not plausibly plead a claim.




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Estate of Klieman v. Palestinian Authority

(United States DC Circuit) - Held that the court lacked personal jurisdiction over the Palestinian Authority and Palestinian Liberation Organization, in this lawsuit brought by the estate of an American schoolteacher who was killed in a terrorist attack in the West Bank. Affirmed a dismissal, finding that the recently enacted Anti-Terrorism Clarification Act of 2018 did not apply here.




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Feldman v. Law Enforcement Associates

(United States Fourth Circuit) - Summary judgment in favor of defendants on plaintiff's claims that he was unlawfully terminated from his employment in retaliation for protected activity under the Sarbanes-Oxley Act of 2002 is affirmed, where plaintiff failed to sufficiently establish that his alleged protected activities were a contributing factor to his termination.




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Louisiana Municipal Police Employees' Retirement Sys. v. Wynn

(United States Ninth Circuit) - In a shareholder derivative lawsuit alleging that casino resort board of director defendants breached their fiduciary duties, the District Court's dismissal under Fed. R. Civ. P. 23.1 is affirmed where: 1) diversity jurisdiction under 28 U.S.C. section 1332(a)(2) was improper because there were American citizens on both sides of the case; 2) the district court did not abuse its discretion in determining that the shareholders failed to comply with Rule 23.1 or state law governing demand futility; and 3) there was no reversible error if the district court considered materials extraneous to the complaint.




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The Police Retirement System of St. Louis v. Page

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.




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VRA FAMILY LIMITED PARTNERSHIP v. SALON MANAGEMENT USA LLC

(NY Supreme Court) - 2019–09206 Index No. 604223/16




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Encompass Office Solutions, Inc. v. Louisiana Health Service and Indemnity Co.

(United States Fifth Circuit) - Affirmed a judgment in favor of a medical supplier in its lawsuit against a health insurance company that refused to pay for covered services. The supplier, which provides equipment and staffing to doctors who perform surgery in their own offices, prevailed in a jury trial.




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Travelers Indemnity Co. v. Mitchell

(United States Fifth Circuit) - Held that a county government's insurers had a duty to defend a civil rights lawsuit relating to the murder convictions of three innocent men who were later exonerated. The county contended that the insurance policies were triggered even though the wrongful acts occurred before the policy period. Affirmed that there was a duty to defend.




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Emmis Communications Corporation v. Illinois National Insurance Company

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.




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ADI Worldlink, LLC v. RSUI Indemnity Company

(United States Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation.




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Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co.

(United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match.




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L'Chaim House, Inc. v. Div. of Labor Standards Enforcement

(California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty.




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Robles v. Employment Development Dept

(California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees.




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Interior Glass Systems, Inc. v. US

(United States Ninth Circuit) - Upheld federal tax penalties imposed on a company for failing to disclose its participation in a so-called listed transaction. Affirmed summary judgment against the company's tax refund claim, unpersuaded by procedural due process and other arguments.




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National Association for the Advancement of Multijurisdictional Practice v. Lynch

(United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law.



  • Ethics & Professional Responsibility
  • Judges & Judiciary

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McDermott Will & Emery v. Super. Ct.

(California Court of Appeal) - In defendants' petition for a writ of mandate directing the trial court to vacate both its order finding real-party-in-interest did not waive the attorney-client privilege as it applied to an e-mail inadvertently turned over during discovery, and the court's order disqualifying a law firm from representing defendants in the underlying lawsuits, the petition is denied where, regardless of how the attorney obtained the documents, whenever a reasonably competent attorney would conclude the documents obviously or clearly appear to be privileged and it is reasonably apparent they were inadvertently disclosed, the State Fund rule requires the attorney to review the documents no more than necessary to determine whether they are privileged, notify the privilege holder the attorney has documents that appear to be privileged, and refrain from using the documents until the parties or the court resolves any dispute about their privileged nature.



  • Evidence
  • Ethics & Professional Responsibility

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Diaz v. Professional Community Management, Inc.

(California Court of Appeal) - Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal.



  • Civil Procedure
  • Ethics & Professional Responsibility
  • Dispute Resolution & Arbitration