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Commercial Litigation

Giveth & Taketh Away?

Litigation Practice Group Teleforum Friday, July 08, 02:00 PMFederalist Society Teleforum Conference Call

After a bailout that arguably helped keep them afloat, the United States government has effectively nationalized two of the nation's largest financial institutions, Fannie Mae and Freddie Mac. Attorney David Thompson, managing partner of Cooper and Kirk, will survey the legal landscape, which includes numerous suits across the United States advancing different challenges to the government's actions.

Featuring:

  • David H. Thompson, Managing Partner, Cooper & Kirk PLLC

The Future of Arbitration Agreements after the CFPB Study - Podcast

Litigation Practice Group Teleforum
Deepak Gupta, Andrew J. Pincus July 17, 2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 instructs the Consumer Financial Protection Bureau to study “the use of agreements providing for arbitration of any future dispute . . . in connection with the offering or providing of consumer financial products or services,” and to provide a report to Congress on the same topic.  This past March, the CFPB issued its study, pursuant to the statutory requirement.  Is the “arbitration study” an anti-arbitration study?  Our experts discussed the report and its implications.

  • Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
  • Mr. Andrew J. Pincus, Partner, Mayer Brown LLP

Should a royalty agreement exceed the life of a patent?

Short video featuring Greg Dolin
Gregory Dolin May 12, 2015

Professor Greg Dolin of the University of Baltimore School of Law discusses the dispute in Kimble v. Marvel, a case argued before the Supreme Court in March.  Petitioner Kimble invented and patented a toy.  Respondent Marvel contractually agreed to pay royalties on that patent that included a period of time after the expiration of the patent.  The Court is being asked to overrule a precedent dating back to 1964 which held such agreements to be unlawful per se.  

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

“I Object!”: Class Action Lawsuit Settlements - Podcast

Litigation Practice Group Podcast
Jonathan R. Macey, Gerald Walpin April 01, 2015

Are shareholder lawsuits, filed in opposition to proposed corporate mergers or asset acquisitions, on the rise and, even if so, does that indicate a problem? Does the fact that most such lawsuits are quickly settled indicate they have underlying merit? Who are the winners and losers in such lawsuits, and are the interest of shareholders generally served by such lawsuits? How are attorney’s fees calculated? Assuming something is amiss, is there a remedy? Is the opportunity for intervention by an objector useful?

  • Prof. Jonathan R. Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
  • Hon. Gerald Walpin, former Inspector General, Corporation for National and Community Service, former Chief of Prosecutions, Office of the United States Attorney, Southern District of New York

Balancing Patent Rights and Litigation Abuses - Event Audio/Video

Patents and Innovation: Addressing Current Issues
F. Scott Kieff, Adam Mossoff, Noah Phillips, Dean A. Reuter December 04, 2014

Policy makers on Capitol Hill are poised to press forward with legislation thatpurports to address what some believe is a litigation crisis, driven by so-called non-practicing entities. Others believe the legislation would ultimately undermine important property rights and patent licensing arrangements. The latter group asserts that a growing body of empirical evidence holds that patent litigation rates have not increased significantly and in fact appear to be on the decline.   Will the proposed patent legislation address real litigation abuses, and what effect will it have on legitimate patent holders?  Is there a responsible way to address patent litigation abuses without hampering patent-based incentives to invest in innovation?  What do the answers to these questions mean for the United States efforts to promote strong IP laws abroad?

This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • Hon. F. Scott Kieff, Commissioner, United States International Trade Commission
  • Mr. Noah Phillips, Chief Counsel, U.S. Senator John Cornyn at Senate Judiciary Committee
  • Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of the Center for the Protection of Intellectual Property, George Mason University School of Law
  • Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC