BLT: May 2014

 

Articles

Business & Corporate

Recent Developments in Business Commercial Courts in the United States and Abroad

Jurisdictions around the United States continue to turn to specific business courts or to the creation of specialized commercial dockets as ways to efficiently address complex commercial business disputes, and in many instances, in an effort to attract business investment in that jurisdiction. Not to be left out, jurisdictions around the world are creating similar programs in order to encourage commercial development.

Business & Corporate

Pleading the Class Case: Testing Class Allegations on the Pleadings After Comcast

This article explores how courts have responded to motions to dismiss or strike class action allegations on the pleadings after the Supreme Court’s decision in Comcast v. Behrend. In particular, it examines how, even though Comcast decreases the probability that plaintiffs will obtain class certification, courts remain reluctant to dismiss class allegations on the pleadings.

Business & Corporate

The Five Most Publicized Patent Issues Today

With the renewed focus by Congress, the president, and the Supreme Court on patent law, this article looks at today's five most publicized patent issues. Among those issues are three Federal Circuit cases that will be, or that have been, argued at the Supreme Court in the spring of 2014, new legislation being considered by the Obama administration to curtail patent infringement litigation, and recent legislation that has created a clear mechanism for allowing issued patents to be attacked more frequently than ever before.

Business & Corporate

Taking Discovery in the United States for Use in Arbitration Abroad: Open Questions Under 28 U.S.C. § 1782

Under 28 U.S.C. § 1782, litigants in proceedings overseas may seek discovery in the United States. Although it has long been clear that Section 1782 discovery is available for judicial and regulatory proceedings, it is much less certain whether Section 1782 discovery is available for arbitrations abroad. There are at least four different views on the matter. This article surveys and analyzes the different approaches, and offers some practical suggestions for whether and how to see such discovery.

Business & Corporate

It’s Not Simply a Matter of Opinion: Pleading Standards Under Section 11 for Untrue or Misleading Opinions

On March 3, 2014, the United States Supreme Court granted certiorari in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund to address the recent circuit split concerning the pleading standards applicable to claims under Section 11 of the Securities Act of 1933 for untrue or misleading statements of opinion. This article examines the appropriate pleading standards under Section 11 and argues that a plaintiff need not plead or prove “subjective falsity” to recover damages under Section 11 for untrue or misleading statements of opinion.

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