Law Reports

MHL Tek, LLC v. Nissan Motor Co., Nos. 10-01317, -01318, 2011 BL 206174 (Fed. Cir. Aug. 10, 2011) The U.S. Court of Appeals for the Federal Circuit affirmed a district court decision dismissing an action for infringement of two patents for lack of standing and vacated summary judgment of noninfringement of a third patent belonging [...]

CBT Flint Partners, LLC v. Return Path, Inc., Nos. 10-01202, -01203, 2011 BL 206175 (Fed. Cir. Aug. 10, 2011) The U.S. Court of Appeals for the Federal Circuit reversed a district court decision holding a patent claim relating to spam e-mail technology invalid for indefiniteness, finding the district court had authority to correct an obvious [...]

Ashok Chandra | Bloomberg Law Doe v. Jindal, No. 11-CV-00554, 2011 BL 216243 (M.D. La. Aug. 19, 2011) The U.S. District Court for the Middle District of Louisiana denied a plaintiff’s request for a temporary restraining order (“TRO”) to enjoin the implementation of La. R.S. § 14:91.5, the Unlawful Use or Access of Social Media [...]

Jenelle M. Chalmers | Bloomberg Law Thaddeus Freeman, PLLC v. Summit View, LLC (In re Summit View, LLC), No. 11-cv-724, 2011 BL 199230 (M.D. Fla. Aug. 1, 2011) The United States District Court for the Middle District of Florida affirmed the bankruptcy court’s decision to enforce a settlement agreement, while declining to impose an attorney’s [...]

Blayne V. Scofield | Bloomberg Law In re: The Bank of New York Mellon, No. 651786/2011, Docket No. 101-4 (N.Y. Sup. Ct. Aug. 4, 2011) (memorandum of law by New York Attorney General in support of motion to intervene) In re: The Bank of New York Mellon, No. 651786/2011, Docket No. 129-2 (N.Y. Sup. Ct. [...]

McDow v. Ryan (In re Ryan), No. 09-05029, 2011 BL 200251 (Bankr. E.D. Va. Aug. 2, 2011) The United States Bankruptcy Court for the Eastern District of Virginia granted a motion by the United States Trustee (“U.S. Trustee”) for default judgment on its amended complaint seeking to deny a debtor’s discharge under 11 U.S.C. §§ [...]

CollegeSource, Inc. v. AcademyOne, Inc., No. 09-56528, 2011 BL 204502 (9th Cir. Aug. 8, 2011) The U.S. Court of Appeals for the Ninth Circuit held that a Pennsylvania company that allegedly misappropriated digital files from a California competitor’s online service was subject to personal jurisdiction in California, even though the defendant had no office or [...]

Susan M. Greenwood | Bloomberg Law AnchorBank, FSB v. Hofer, No. 10-03935, 2011 BL 214345 (7th Cir. Aug. 18, 2011) The U.S. Court of Appeals for the Seventh Circuit reversed and remanded a district court decision dismissing claims that AnchorBank, FSB (AnchorBank) employee Clark Hofer engaged in a collusive trading scheme in violation of Sections [...]

Millea v. Metro-North Railroad Company, Nos. 10-CV-409/564, 2011 BL 205288 (2d Cir. Aug. 8, 2011) Joining five other circuits, the U.S. Court of Appeals for the Second Circuit held that the definition of “materially adverse employment action” set forth in Burlington Northern & Santa Fe Railroad Co. v. White, 548 U.S. 53, 68 (2006), applied [...]

Jonathan D. Gupta | Bloomberg Law CFTC Comment Letter, Hunton & Williams LLP on behalf of the Working Group of Commercial Energy Firms (Aug. 16, 2011) Hunton & Williams LLP, on behalf of the Working Group of Commercial Energy Firms1 (Working Group or Group), issued a comment letter on the Commodity Futures Trading Commission’s (CFTC) [...]

Susan M. Greenwood | Bloomberg Law New Jersey Carpenters Health Fund v. DLJ Mortgage Capital, Inc., No. 08-CV-05653 (S.D.N.Y. Aug. 16, 2011) The U.S. District Court for the Southern District of New York certified a class of investors who purchased certain mortgage-backed securities in the form of pass-through certificates (Certificates). Although investors purchased Certificates worth [...]

Michael L. Calder | Bloomberg Law Continental Casualty Co. v. Howard Hoffman & Associates, Nos. 1-10-0957 and 1-10-1080, 2011 IL App (1st) 100957 (Ill. App. Ct. Aug. 15, 2011) A paralegal’s embezzlement of funds from eleven separate client accounts should be treated as one claim under a professional legal liability insurance policy with policy limits [...]

Sima Saran Ahuja | Bloomberg Law SEC Press Release No. PR-2011-167 (Aug. 12, 2011); SEC Speech, Sean X. McKessey, Remarks at Georgetown University (Aug. 11, 2011) The Securities and Exchange Commission (SEC) announced that its new whistleblower program, authorized earlier this year under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), is now [...]

Susan M. Greenwood | Bloomberg Law In re Madoff Investment Securities LLC, Nos. 10-BK-02378; 10-BK-02676; 10-BK-02677; 10-BK-02679; 10-BK-02684; 10-BK-02685; 10-BK-02687; 10-BK-02691; 10-BK-02693; 10-BK-02694; 10-BK-02718; 10-BK-02737; 10-BK-03188; 10-BK-03579; 10-BK-03675, 2011 BL 211741 (2d Cir. Aug. 16, 2011) The U.S. Court of Appeals for the Second Circuit held that the calculation of net equity for distributing customer [...]

Sarah Jane Leake | Bloomberg Law Michiel Visser and Oluwole Modupe Fagbulu v The Financial Services Authority – Upper Tribunal (Tax and Chancery Chamber), FS/2010/0001 and FS/2010/0006; Tribunal upholds FSA decision to ban and fine hedge fund CEO and CFO £2.1m for deceiving investors and market abuse – Financial Services Authority Press Release FSA/PN/071/2011 of [...]

Ashok Chandra | Bloomberg Law Google, Inc. is best known as an Internet search company. However, it has spent considerable time and effort developing other products that have both revolutionized technology and, at the same time, raised novel privacy concerns around the world. Google iniatives, such as its integration of its e-mail service into a [...]

Warner Bros. Entertainment Inc. v. WTV Systems, Inc., No. 11-CV-02817, 2011 BL 213000 (C.D. Cal. Aug. 1, 2011) The U.S. District Court for the Central District of California granted a preliminary injunction prohibiting the activities of Zediva, an online streaming “movie rental” website. The court concluded that even though Zediva subscribers may view motion pictures [...]

In re Texas Wyoming Drilling, Inc., No. 09-10717, 2011 BL 190338 (5th Cir. July 21, 2011) The United States Court of Appeals for the Fifth Circuit affirmed a bankruptcy court’s denial of a motion by former shareholders seeking summary judgment with respect to a debtor’s avoidance actions against them. While the defendants argued that the [...]

Rebecca L. Tsai | Bloomberg Law Wilkerson v. RSL Funding, L.L.C., No. 01-10-01001-CV, 2011 BL 208123 (Tex. App. Aug. 11, 2011) Addressing an issue of first impression in the state, the Court of Appeals of Texas held that the “sliding scale” standard for assessing personal jurisdiction did not apply to a nonresident user of an [...]

Laura McQuade | Bloomberg Law Flava Works, Inc. v. Gunter, No. 10-CV-06517, 2011 BL 202530 (N.D. Ill. July 27, 2011) In a case involving the alleged contributory and vicarious copyright infringement of adult entertainment content on the social networking site, myVidster.com, the U.S. District Court for the Northern District of Illinois entered a preliminary injunction [...]