United States: Litigation, Mediation & Arbitration

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Article
Federal Circuit Finds Jury Instructions In ED Texas Case “Erroneous” And “Improper”
The Federal Circuit issued several significant rulings addressing trade secret statute of limitations, patent eligibility under Section 101, jury instruction requirements, and the reviewability of IPR institution decisions. These precedential opinions establish important standards for when plaintiffs must file misappropriation claims, how abstract ideas are evaluated in agricultural technology patents, and proper procedures for patent infringement trials involving multiple patents.
United States IP
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WilmerHale
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Curated
Foreign Sovereign Immunity In International Construction
For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
United States Litigation
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JAMS
Article
Immunities And Defenses For Government Contractors, Part 1: Tort Claims
Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.
United States Government
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Wiley Rein
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