Searching Content indexed under Litigation, Mediation & Arbitration by Cooley LLP ordered by Published Date Descending.
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California Senate Passes AB 5, Codifying Dynamex Decision
Additional details about the current draft of AB 5, as well as some exceptions and effects on particular businesses, are below.
United States
20 Sep 2019
Borrower Defense To Repayment Rule 3.0
After announcing plans for a new rule last summer, the Department of Education has, unofficially, issued its long awaited new update to the borrower defense to repayment rule
United States
18 Sep 2019
Supreme Court Eases Path To Protecting Confidential Information From FOIA Disclosure
The Supreme Court recently issued an opinion significantly reducing the showing companies must make to federal agencies to protect confidential business information from release under the Freedom
United States
12 Sep 2019
It's Been Eons Since The SEC Last Did This—Brought A Reg FD Enforcement Action, That Is
Reg FD prohibits selective disclosure of material, nonpublic information by public companies (or by its senior officials or specified other employees)
United States
4 Sep 2019
Standing To Be Dismissed – The U.S. D.D.C. Weighs In On "Actual Damage" In Data Breach Litigation
The upshot of the court's analysis was that the plaintiffs once again found themselves on the defensive concerning the nature of their alleged injury
United States
19 Jul 2019
United States
15 Jul 2019
Supreme Court Rejects Ban On ‘Immoral' And ‘Scandalous' Trademarks
The US Supreme Court agreed in a unanimous opinion.
United States
28 Jun 2019
Supreme Court: Federal Agencies Cannot Seek Review Of Issued Patents Under AIA
The US Supreme Court's decision in Return Mail, Inc. v. U.S. Postal Service removes the ability of federal agencies to seek post-issuance review of a US patent under the inter partes, covered business method or ...
United States
18 Jun 2019
Mandatory Arbitration Shareholder Proposal To J&J Takes On Larger Dimensions
Here's an interesting turn of events with regard to the case involving the mandatory arbitration shareholder proposal to Johnson & Johnson.
United States
6 Jun 2019
Whistleblower Receives Award After Internal Reporting Resulted In SEC Case
In February 2018, SCOTUS handed down its decision in Digital Realty v. Somers, holding that the Dodd-Frank whistleblower anti-retaliation protections apply only if the whistleblower blows the whistle all the way to the SEC; ...
United States
30 May 2019
United States
23 May 2019
Supreme Court: Trademark Licenses Survive Bankruptcy
The Bankruptcy Court approved the rejection and held that the rejection terminated Mission Product's right to use the marks.
United States
22 May 2019
Reminder: Reporting Of Borrower Defense To Repayment Financial Responsibility Triggers Due May 14
These rules – except as described below – are applicable to All institutions participating in the Title IV programs.
United States
10 May 2019
The "Greatest Judicial Power Grab Since Marbury v. Madison"? SCOTUS Considers Kisor v. Wilkie
The decision, expected by this summer, could narrowly restrict, or even completely undo, that deference.
United States
25 Apr 2019
At Long Last…ED Issues Guidance Regarding Implementation Of The 2016 Borrower Defense To Repayment Rules
The Department of Education has issued guidance to institutions on the Borrower Defense to Repayment regulations.
United States
4 Apr 2019
SCOTUS Finds Primary Securities Fraud Liability For Disseminating Statements Made By Others With Intent To Defraud
Last week, SCOTUS decided Lorenzo v. SEC, a case involving a claim that an investment banker was liable for securities fraud when, at the direction of his boss, he cut, pasted and disseminated to potential investors information ...
United States
3 Apr 2019
Mandatory Arbitration Shareholder Proposal Goes To Court—As Chair Clayton Suggested
To be sure, if the parties really wanted a binding answer on the merits, he suggested, they might be well advised to seek a judicial determination.
United States
26 Mar 2019
Micromanagement? Significant Policy Issue? Staff No-Action Letters Address Rule 14a-8(i)(7) Exclusion
To provide a flavor of current trends, this post discusses several of these letters below.
United States
21 Mar 2019
USPTO Revised Patent Eligibility Guidelines Significantly Eases Path To Obtaining Computer-Related Patents
The revised guidelines insert an additional requirement for the USPTO to find a claim patent ineligible.
United States
15 Mar 2019
United States
5 Mar 2019
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