Joseph M. McLaughlin and Shannon K. McGovern[/caption] The dismissal of a putative stockholder derivative complaint for failure to make pre-suit demand has long been understood to have preclusive ...

Derivative claims belong to the corporation, which is why a stockholder must make a demand on the company's board or adequately allege demand futility to pursue derivative claims on the company's ...

The federal district court in North Dakota granted a franchisee’s motion to dismiss a franchisor’s complaint for failure to ...

Opinion: Alliance Defending Freedom's Erin Hawley writes that in the Supreme Court's First Choice opinion, a case she argued, ...

In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense ...

This morning the Supreme Court reversed the U.S. Court of Appeals for the 2nd Circuit’s decision in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., holding that Lucky Brand is not ...

Derivative claims belong to the corporation, which is why a stockholder must make a demand on the company's board or adequately allege demand futility to pursue derivative claims on the company's ...

SimpleAir, Inc. v. Google LLC, No. 2016-2738, 2018 (Fed. Cir. Mar. 12, 2018) (Before Lourie, Reyna, and Chen, J.) (Opinion for the court, Lourie, J.) The Federal Circuit vacated a district court order ...

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The US Supreme Court last month held that TTAB litigants are not entitled to a second bite at the apple in subsequent Federal Court infringement litigation – unless it is a materially different apple.