Negligence Claim Dismissed Against Western Alliance Bank in Girardi Keese Fraud Case

In a recent development, a California judge has permanently dismissed the negligence claim brought forward by the Girardi Keese bankruptcy trustee in a lawsuit accusing Western Alliance Bank of assisting with the law firm’s fraud. The trustee’s lawsuit outlined federal regulations and obligations imposed on banks but failed to provide any presiding authority that permits…

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Novo Nordisk Defends Diabetic Treatment Ozempic Patents from PTAB Review

In the heart of the complex landscape of pharmaceutical patents, pharmaceutical giant Novo Nordisk has recently managed to avoid review from the Patent Trial and Appeal Board (PTAB) over the potential invalidation of two pivotal patents. These patents directly protect the global company’s widely-utilized diabetes and weight-loss treatment, Ozempic. This determination by the PTAB establishes…

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E-Commerce Bill Poses Unintended Threat to Small Businesses

The head of the Computer & Communications Industry Association recently voiced concerns to the U.S. Senate’s Intellectual Property Subcommittee about a bill targeted at tackling the issue of counterfeit goods on e-commerce platforms. The proposed legislation, while structured to protect consumers from nefarious counterfeit products, may inadvertently have a detrimental impact on small businesses. Particular…

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Supreme Court Justices Clash Over Burden of Proof in CFPB Funding Case

A contentious debate has arisen in the U.S. Supreme Court surrounding the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) funding mechanism. This debate, unfolding during recent oral arguments, featured justices Samuel Alito and Ketanji Brown Jackson locking horns over the burden of proof and its assignment. According to details in the legal press, Justice…

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California Judge Denies Impinj’s Request for Permanent Injunction in NXP Patent Dispute

In a recent legal development, a California federal judge rejected semiconductor company Impinj’s request for a permanent injunction against NXP. This decision follows a jury verdict in July in which NXP was found to have infringed on two of Impinj’s patents related to radio frequency identification tracking technology.Find additional information at Law360.

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Cryptocurrency Crisis: Legal Turmoil at FTX and Binance Signals Industry Shift

It appears that, each day, the reputation of cryptocurrency manages to reach a new low. This is exemplified by the current situation faced by Sam Bankman-Fried, founder of the once second largest exchange, FTX. The long-anticipated trial of Bankman-Fried begins today, coinciding with the release of Michael Lewis’ book, “Going Infinite“. Undoubtedly, this trial will…

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Latham & Watkins Expands IP and Tech Expertise with Simpson Thacher Attorney Acquisition

In a significant personnel move, Latham & Watkins LLP has brought on board an attorney from Simpson Thacher & Bartlett LLP, who specializes in advising clients on intellectual property and technology matters in intricate transactions. This development stands as a testament to Latham & Watkins’ ongoing commitment to bolster its capacity in these crucial practice…

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Navigating Regulatory and Tax Developments in Private Investment Funds: A Comprehensive Horizon Scan

In this third edition of our Horizon Scan, we’ll be taking a comprehensive look at some crucial recent and anticipated developments that we believe will captivate the attention of professionals in the private funds and investment management sectors. Welcome to the third edition of our Horizon Scan, where the spotlight is on noteworthy developments in…

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Supreme Court Denies Hearing Ex-MLB Player’s Challenge to Supplement Ban Policy

In a recent development, a former Major League Baseball (MLB) player’s attempt to overturn professional baseball’s supplement ban policy has been denied hearing by the U.S. Supreme Court. The ex-player, who was previously labelled as a “vexatious” litigant, sells the banned supplement through his company. However, the court has decided not to entertain his challenge…

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FinCEN Proposes Deadline Extension for New Companies on Corporate Transparency Act Compliance

The Federal Crimes Enforcement Network (FinCEN) has proposed a new rule that will temporarily extend the deadline for new companies to comply with the Corporate Transparency Act (CTA). This proposal came to light on September 28, 2023, in response to the challenges faced by these companies regarding CTA compliance. Alongside this proposed rule, FinCEN had,…

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Albemarle Corporation’s Bribery Blunders: Navigating Third-Party Pitfalls in Transnational Cases

In our continuing discussion on recent bribery cases involving major corporations, part two of our series focuses on the Albemarle Corporation and its apparent reliance on third-party actors to execute bribery schemes. Albemarle, a leading American chemicals corporation, has found itself in a complex predicament. The case appears to present what can be easily described…

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Navigating the Controversies Surrounding Section 546(e) of the Bankruptcy Code

The Business Restructuring Review for September-October 2023, volume 22 number 5, provides insightful commentary on the controversial Section 546(e) of the Bankruptcy Code. This “safe harbor” clause seeks to prevent avoidance in bankruptcy of certain securities, commodity, or forward-contract payments. It has been a major point of contention in legal and corporate circles for a…

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Navigating Intellectual Property Rights in the Age of Generative AI

The rapid advancements in artificial intelligence (AI) have led to the development of generative AI systems that can produce original works, prompting questions regarding the intellectual property rights of such output. Notable examples include ChatGPT, which generates text, Stable Diffusion, adept at creating images, and Video Diffusion, focused on video outputs. Generative AI is a…

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