World’s Shortest Trademark Cat Fight?

By | DuetsBlog | July 30, 2012
World’s Shortest Trademark Cat Fight?

German-based Puma S.E. brought a trademark infringement lawsuit — based on the similarity of the cat logos — against Minnesota-based Arctic Cat, in the Northern District of Illinois at the end of last year (copy of complaint is here). As we have written about before, sometimes the substance and merits of a trademark fight can take the back seat to first fighting over where the trademark dispute will be decided, and this case illustrates that point well.

Enforcing SEC Regulations: The Newest Insider Trading Caper

By | The Corporate Observer | July 30, 2012

Nexen Inc., a Canadian oil company, traded more shares in the week before it announced its deal with China’s largest offshore oil company than it had since 2008. Sound suspicious?  As it turns out, it was. The SEC is now investigating allegations of insider trading that occurred prior to the merger of Nexen Inc. and China National Offshore Oil Corproation Ltd (CNOOC), a state owned Chinese oil company.

CFPB Issues Proposed Rules On Mortgage Disclosures

By | The Shriver Brief | July 30, 2012
CFPB Issues Proposed Rules On Mortgage Disclosures

Richard Cordray, the Consumer Financial Protection Bureau (CFPB) Director, has made it clear that one of his main goals is to restore trust in the mortgage market, which was hurt after the burst of the housing bubble during the 2008 economic recession. One important step toward this goal is creating a simplified mortgage application form and making mortgage procedures and fees more transparent.

Implementation of USPTO Rules Under the AIA is Underway: Preissuance Submissions

By | IP Law Alert | July 30, 2012
Implementation of USPTO Rules Under the AIA is Underway: Preissuance Submissions

35 U.S.C. § 122(e), adopted last fall as part of the Leahy-Smith America Invents Act (“AIA”), conditions third party submissions to the USPTO for consideration and inclusion in an application file. Recently, the USPTO published the final rules regulating these submissions by third parties: Changes to Implement the Preissuance Submissions by Third Parties Provision of the Leahy-Smith America Invents Act, 77 Fed. Reg. 42150 (2012).

Faltering Lawsuits: Dismissal Motions Hit FCPA Follow-On Civil Actions and Say-on-Pay Suits

By | The D & O Diary | July 30, 2012
Faltering Lawsuits: Dismissal Motions Hit FCPA Follow-On Civil Actions and Say-on-Pay Suits

Among the many litigation threats companies face, a couple of specific kinds of cases have recently emerged: the civil action following on in the wake of an FCPA investigation or enforcement action, and the shareholder suit following after a negative “say on pay” vote. Many companies involved in an FCPA investigation or experiencing a negative say on pay vote have been hit with these kinds of suits