Commercial Litigation

NJ Supreme Court to Consider Whether Federal Law Preempts Whistleblower Suit

February 27, 2015
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On February 5, 2015, the New Jersey Supreme Court granted certification in a whistleblower suit to determine whether federal law preempts the plaintiff’s Conscientious Employee Protection Act claims because the dispute requires interpretation of the parties’ collective bargaining agreement (“CBA”). In Puglia v. Elk Pipeline Inc., (Case No. 075171), plaintiff Salvatore Puglia alleged that he […]

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Wyndham Petitions Third Circuit to Reject FTC Data Security Order

February 26, 2015
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In its ongoing litigation with the Federal Trade Commission (“FTC”) that the agency lacks authority to regulate the data security practices of private companies, Wyndham Worldwide Corp. has asked the Third Circuit to consider a recent ruling by the Eleventh Circuit that it lacked jurisdiction in a parallel dispute between the FTC and a Georgia […]

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NY District Court Rules on Deference to Foreign Countries in Obtaining Discovery

February 25, 2015
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On December 22, 2014, the U.S. District Court for the Southern District of New York issued its decision on the question of, “[w]hether a New York judgment creditor, through subpoenas issued on New York offices of international banks, can obtain discovery regarding accounts held by judgment debtors or their agents in various foreign branches of […]

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Sirius Fails to Prevail in Copyright Infringement Fight Using 1940 Case Law

February 13, 2015
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On November 14, 2014, the U.S. District Court for the Southern District of New York ruled that the owners of sound recordings made prior to 1972 have performance rights to their songs and found that satellite radio network Sirius XM had infringed copyrights held by two members of the 1960s band The Turtles. In Flo […]

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Pennsylvania Court Finds That Seller’s Own Conduct Prevents Expectation of Specific Performance of a Contract

February 10, 2015
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In an action for specific performance of a real estate contract, a Pennsylvania court has ruled that an agreement cannot be invalidated on the basis of not meeting specific closing date requirements when a seller’s actions has led the buyer to believe that the date requirement would not be enforced. In Dowd v. Scenic View […]

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Justice Department to Intervene in Washington Redskins Trademark Litigation

January 22, 2015
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On January 9, 2015, the U.S. Department of Justice (“DOJ”) announced that it has filed a notice of intervention in continuing litigation over the Washington Redskins trademark, notifying the U.S. District Court for the Eastern District of Virginia that it will defend the authority of the U.S. Patent and Trademark Office’s U.S. Trademark Trial and […]

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Delaware LLC and Its Members Bound to LLC Agreement Whether or Not They Execute the Agreement

January 10, 2015
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In September 2014, the Delaware Court of Chancery found that a limited liability company (“LLC”) could enforce a fee shifting provision of its LLC agreement even though the LLC was not a party to that agreement. Through its decision in Seaport Village Ltd. v. Seaport Village Operating Company, LLC, 2014 WL 4782817 (Del. Ch. Sept. […]

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New Rule on Privilege Logging Now in Effect in New York Commercial Division

December 12, 2014
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Recently, a new rule aimed at making privilege logging more efficient — and less expensive — was implemented in the New York Commercial Division. Rule 11-b, which amends Section 3122 of the New York Civil Practice Law and Rules to allow parties in commercial litigation to log privileged documents in categories instead of as separate […]

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New Jersey Business Litigation Program Expanding Statewide in 2015

December 11, 2014
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Beginning January 1, 2015, the New Jersey judiciary will expand its existing Complex Business Litigation Program statewide, according to New Jersey Supreme Court Justice Stuart Rabner. The program has been operating since 1996 in two counties — Bergen and Essex — and handles complex commercial litigation cases that carry the potential for damage awards in […]

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OCA to Require Redactions in NY Civil Filings to Thwart Identity Theft

December 10, 2014
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The Office of Court Administration (“OCA”) has promulgated section — 202.5(e) — to the Uniform Civil Rules of the Supreme and County Courts to require all civil filings in New York to have the confidential personal information of litigants redacted to mitigate the potential for identity theft. According to a spokesman for the Unified Court […]

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