Law Reports

Federal Trade Commission v. Frostwire LLC, No. 11–CV–23643 (S.D. Fla. Oct. 12, 2011) Under a settlement between a distributor of file sharing software and the Federal Trade Commission (“FTC”), the U.S. District Court for the Southern District of Florida issued a stipulated order for a permanent injunction against a provider of file sharing software requiring [...]

Rebecca L. Tsai | Bloomberg Law Matter of Schenectady County Society for the Prevention of Cruelty of Animals, Inc. v. Mills, No. 163, 2011 NY Slip Op 07476, 2011 BL 273122 (N.Y. Oct. 25, 2011) Petitioner, the Schenectady County Society for the Prevention of Cruelty to Animals, Inc., sought the names and addresses of veterinarians [...]

Aude Gerspacher | Bloomberg Law Although stem cell research has the potential to provide treatment for numerous diseases and disorders, it remains a controversial topic due to the nature of these cells, in particular human embryonic stem cells. Unlike their adult counterparts, embryonic stem cells are pluripotent, i.e. they possess the ability to differentiate into [...]

Laura McQuade | Bloomberg Law Corbello v. Devito, No. 08-CV-00867, 2011 BL 277334 (D. Nev. Oct. 27, 2011) In an action alleging copyright infringement and failure to pay royalties in connection with the hit Broadway musical, Jersey Boys, the U.S. District Court for the District of Nevada granted in part and denied in part the parties’ [...]

Remedies for Small Copyright Claims, 76 Fed. Reg. 66758 (proposed Oct. 27, 2011) (“Notice”) The U.S. Copyright Office is studying whether the current legal system prevents copyright owners from pursuing claims involving the infringement of works of relatively small economic value. The Copyright Office seeks comments on the issue, which must be received by January [...]

Christina DeIasi | Bloomberg Law Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd., No. 10-CV-01648, 2011 BL 278218 (2d Cir. Oct. 28, 2011) The U.S. Court of Appeals for the Second Circuit reversed a district court’s order that compelled Wachovia Capital Markets, LLC (WCM) to arbitrate a dispute with VCG Special Opportunities Master Fund, [...]

Peter O’Hara | Bloomberg Law Response of the Office of Chief Counsel, Division of Investment Management, Department of Labor File No. 132-3 (Oct. 26, 2011) Following a request for no-action relief from the U.S. Department of Labor (DOL), the SEC staff (Staff) agreed that information provided by plan administrators to plan participants or beneficiaries pursuant to Rule [...]

Proposal for a Regulation of the European Parliament and of the Council on insider dealing and market manipulation (market abuse), COM(2011) 651 final of 20 October 2011; Proposal for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation, COM(2011) 654 final of 20 October 2011; [...]

Sima Saran Ahuja | Bloomberg Law Statement of Dissent, Position Limits for Futures and Swaps, Commissioner Scott D. O’Malia (Oct. 18, 2011) Scott D. O’Malia, a Commissioner of the Commodity Futures Trading Commission (CFTC), dissented from the CFTC’s adoption of a final rule on position limits for futures and swaps primarily because he disagreed with the [...]

Yoomi Lee | Bloomberg Law SEC v. Hicks, No. 11-CV-11888 (D. Mass. filed Oct. 26, 2011); SEC Press Release No. PR-2011-225 (Oct. 26, 2011) The Securities and Exchange Commission (SEC) obtained an asset freeze against Andrey C. Hicks and his purported quantitative hedge fund, Locust Offshore Management, LLC (LOM and together, Defendants) in connection with the [...]

Susan M. Greenwood | Bloomberg Law SEC v. Landberg, No. 11-CV-00404 (S.D.N.Y. Oct. 26, 2011) The U.S. District Court for the Southern District of New York denied a motion to dismiss by Steven Gould, the CFO of West End Financial Advisors LLC, West End Capital Management LLC, and Sentinal Investment Management Corporation (collectively, West End). [...]

Sarah Jane Leake | Bloomberg Law Final Notice to Credit Suisse (UK) Limited – Financial Services Authority, 25 October 2011 Within weeks of the High Court of England & Wales finding conduct of business failings at Credit Suisse (UK) Limited (CSUK),1 the UK Financial Services Authority (FSA) has fined the firm £5.95 million for failing [...]

Alex Kreonidis | Bloomberg Law Senate Subcommittee on Securities, Insurance, and Investment, Market Microstructure: Examination of Exchange-traded Funds (ETFs) (Oct. 19, 2011) The Subcommittee on Securities, Insurance, and Investment of the Senate Committee on Banking, Housing, and Urban Affairs held a hearing that sought to address whether market regulators are dealing effectively with the growth and risks [...]

Jennifer Gaeta | Bloomberg Law L.F.P.IP., Inc. v. Hustler Cincinnati, Inc., No. 09-CV-00913, 2011 BL 270934 (S.D. Ohio Oct. 20, 2011) The U.S. District Court for the Southern District of Ohio implied license agreement between Larry Flynt, the owner of Hustler Magazine and his brother, Jimmy Flynt regarding Jimmy’s use of the HUSTLER marks in [...]

Palka v. City of Chicago, Nos. 09-CV-2042, 09-CV-3796, 2011 BL 268396 (7th Cir. Oct. 18, 2011) The U.S. Court of Appeals for the Seventh Circuit held that Peter Palka’s action against the City of Chicago, alleging discrimination based on Peter’s ethnic origin under 42 U.S.C. § 1983, could not survive summary judgment because Palka failed to [...]

Sarah Jane Leake | Bloomberg Law Proposal for a Directive of the European Parliament and of the Council on markets in financial instruments repealing Directive 2004/39/EC of the Parliament and of the Council (Recast), COM(2011) 656 final of 20 October 2011; Proposal for a Regulation of the European Parliament and of the Council on Markets in [...]

<a href="http://www.bloomberglaw.com/document/1? citation=2011%20BL%20263246&amp;summary=yes#jcite”>Lang v. Morris, No. 11-CV-01366, 2011 BL 263246 (N.D. Cal. Oct. 12, 2011) The U.S. District Court for the Northern District of California concluded that it did not have personal jurisdiction over the defendant in a copyright infringement case brought by several origami artists. The court explained that copying from the website alone [...]

Alexandra Kay | Bloomberg Law Apple Inc. v. Samsung Electronics Co., Ltd., No. 11-CV-01846-LHK, 2011 BL 268464 (N.D. Cal. Oct. 18, 2011) Apple Inc.’s counterclaims alleging that Samsung Electronics Co. violated the Sherman Act and California’s Unfair Competition Law by failing to disclose its intellectual property rights to a wireless industry standard-setting organization and by [...]

Sarah Jane Leake | Bloomberg Law Statutory audit: Market investigation reference to the Competition Commission of the supply of statutory audit services to large companies in the UK – Office of Fair Trading Report, October 2011 After months of consultation1 arising out of high-level parliamentary scrutiny,2 the Office of Fair Trading (OFT) now has confirmed [...]

Evans v. Sterling Chemicals, Inc., No. 10-CV-20493, 2011 BL 264247 (5th Cir. Oct. 13, 2011) The U.S. Court of Appeals for the Fifth Circuit held that Sterling Chemicals, Inc. and related companies (collectively, Sterling) improperly reduced the health benefits of retirees who were former employees of Cytec Acrylic Fibers, Inc. and related companies (collectively, Cytec), [...]