Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
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Law360 Quotes Richard B. Newman on Federal Circuit Ruling
On March 11, 2016, Law360 quoted attorneys immediately following a Federal Circuit panel unanimously affirming the invalidation of Essociate’s Internet affiliate marketing patent based upon the Supreme Court’s Alice decision. Among them was Hinch Newman’s Richard B. Newman. In affirming the U.S. District Court for the Central District of California’s ruling that Essociate’s patent claims do nothing more than apply the abstract…
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Hinch Newman Wins eCommerce Traffic Patent Fight for Top Affiliate Network
As reported in Law360 (February 11, 2015), the United States District Court, Central District of California granted Clickbooth.com’s Motion for Judgment on the Pleadings, ruling that the claims asserted by Essociate, Inc.’s Internet based affiliate pooling patent are patent ineligible under 35 U.S.C. § 101 and are therefore invalid. A copy of the motion can be seen,…
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Tender of Settlement Prior to Motion for Class Certification Moots TCPA Claims
On November 18, 2011, the U.S. Court of Appeals for the Seventh Circuit ruled that tendering full settlement of plaintiff’s Telephone Consumer Protection Act demands prior to a motion for class certification effectively mooted plaintiff’s claims. The plaintiff filed a class action complaint in state court alleging the receipt of unsolicited SMS text messages on behalf of himself and…
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The Debate Over Class Action Waivers
Following a landmark U.S. Supreme Court ruling on the subject last year, the debate over the enforceability of class action waivers contained in arbitration clauses continues. In April of 2010, the Court decided the matter of AT&T Mobility LCC v. Concepcionand held that Section 2 of the Federal Arbitration Act (“FAA”) preempted a California appeals court…
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The U.S. Supreme Court Upholds Use of Class Action Waivers in Arbitration
The U.S. Supreme Court has held that a state law requiring the availability of class-wide arbitration interferes with the “fundamental attributes of arbitration” and creates a scheme inconsistent with the Federal Arbitration Act (AT&T Mobility LLC v. Concepcion, U.S., No. 09-893, 4/27/11). The ruling is significant win for corporations seeking to resolve consumer and employee…
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