Civil Law

Fraud on the PTO

LEDO PIZZA SYSTEM, INC. & LEDO PIZZA CARRYOUTS, INC., Plaintiffs,
v.
LEDO’S INC., Defendant.

No. 20 CV 7350.

United States District Court, N.D. Illinois, Eastern Division. March 7, 2024.

The defendant’s fraud claim fails even to get out of the starting blocks, because the defendant has failed to adequately establish standing to assert the claim.[5] A petition to cancel a mark must “be filed . . . by any person who believes that he is or will be damaged, … Read the rest

Civil Law

Acting Comptroller of the Currency Hints About Possible Operational Resilience Regulations

On March 12, at the Institute of International Bankers Annual Washington Conference, Acting Comptroller of the Currency Michael J. Hsu discussed the importance of operational resilience in the banking sector and hinted that potential regulations aimed to promote the same may be forthcoming.

Comptroller Hsu defined operational resilience as a bank’s ability “to prepare for, adapt to, and withstand or recover from disruptions.” These disruptions can stem from external events like natural disasters, bad actors, pandemics, or global conflicts, or … Read the rest

Civil Law

Federal court finds the Corporate Transparency Act unconstitutional: Is compliance still required?

Congress passed the Corporate Transparency Act (CTA) as an anti-money-laundering initiative in 2021. Absent an applicable exemption,[1] the CTA requires all entities formed or registered to do business in the US (reporting companies) to report their beneficial ownership[2] to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).

In National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.), the National Small Business Association (NSBA) and one of its members brought a suit in the US District Court of the Northern … Read the rest

Civil Law

Actualité sociale

L’accord de révision d’un accord portant reconnaissance d’une unité économique et sociale (UES) ne constitue pas un accord inter-entreprises /

Le défaut de demande de nullité du licenciement dans les premières conclusions d’appel entraîne l’irrecevabilité de cette prétention formulée dans des conclusions ultérieures /

En cas de licenciement pour insuffisance professionnelle, un entretien annuel d’évaluation vaut l’entretien particulier prévu par la convention collective /

Le manquement de l’employeur à son obligation de sécurité ou à l’obligation de prévention du harcèlement … Read the rest

Civil Law

NGO successfully challenges planning inspectors’ report on energy performance standards

The recent decision (20 February 2024) of the High Court in R (Rights Community Action) v Secretary of State is a rare example of an NGO succeeding in a climate change legal action under English law.  In the case, Rights Community Action persuaded the High Court to overturn a finding by the Secretary of State’s Planning Inspectors that a local authority’s “net zero” policy was unlawful.

The claim arose in relation to a proposed new “garden village” development in Oxfordshire.  … Read the rest

Civil Law

NYC Council Proposes Broad Non-Compete Ban

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for employers in the Big Apple.

On December 12, 2023, the New York State Legislature delivered a bill for the Governor’s signature that would have banned “any agreement, or clause contained in any agreement, between an employer and a covered individual that prohibits or restricts such covered individual from … Read the rest

Civil Law

The Value and Significance of the Rare Earth Antitrust Litigation

–At the Juncture of the Supreme Court Judgment

At the onset of 2024, AnJie Broad’s antitrust team secured a pivotal second instance judgment from the Supreme People’s Court of China (“the Supreme Court”) in the rare earth antitrust litigation. The ruling completely overturned the first instance judgement rendered by the first instance court Ningbo Intermediate People’s Court (“the Ningbo Court”), holding that the conducts of AnJie Broad’s client Hitachi Metals did not constitute abuse of market … Read the rest

Civil Law

Hepatitis A positive Cracker Barrel employee prompts warnings

Erie County Health Department has identified a case of Hepatitis A in a restaurant worker, it announced Friday. The employee works at Cracker Barrel, which is located at 7810 Interstate Dr. in Summit Township. The health department said the risk of infection is low, but customers who ate or drank at the restaurant or ordered or delivered take-out Jan. 30 through Feb. 21 are asked to watch for symptoms of hepatitis A. Symptoms can take two to seven weeks after … Read the rest