Westlaw Journals weekly round-up

March 13, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law.  Here are some highlights from the past week:


N.Y.C. ban on flavored tobacco survives legal challenge: A federal appeals court has dismissed a lawsuit that sought to invalidate New York City’s ban on the sale of flavored tobacco products other than cigarettes.  A three-judge panel of the 2nd U.S. Circuit Court of Appeals rejected claims by two Altria Group smokeless-tobacco manufacturers that the city ordinance is preempted by the Family Smoking Prevention and Tobacco Control Act, 21 U.S.C.A. § 387.  Because the ordinance only applies to the sale of a finished tobacco product, it doesn’t interfere with the government’s job of regulating the manufacture of tobacco products under the Tobacco Control Act, the panel said.  (Tobacco)

Experts support business groups’ challenge of SEC ‘conflict minerals’ rule: A former U.S. ambassador and other academics and ex-government officials have filed a brief in support of a lawsuit challenging a new federal regulation requiring companies to disclose their use of certain minerals from the Democratic Republic of Congo.  The U.S. Chamber of Commerce, the National Association of Manufacturers and the Business Roundtable asked the District of Columbia U.S. Circuit Court of Appeals to wipe out a “conflict-minerals” regulation promulgated by the Securities and Exchange Commission, claiming that the agency did not adequately analyze its impact.  The SEC was required to draft the regulation as part of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.  (Securities Litigation & Regulation)

Actors Robert Downey Jr. and Jude Law attend the premiere of "Sherlock Holmes: A Game of Shadows" in December 2011.  The plaintiff served as the technical adviser for the film.

Actors Robert Downey Jr. and Jude Law attend the premiere of “Sherlock Holmes: A Game of Shadows” in December 2011. The plaintiff served as the technical adviser for the film.

It’s elementary; book does not infringe Sherlock Holmes works, suit says: An expert on Sherlock Holmes is asking a federal court to rule that a new collection of original short stories he edited featuring the canny fictional detective does not infringe any copyrights held by the estate of Sir Arthur Conan Doyle, originator of the Holmes character.  Leslie S. Klinger, a California lawyer who has written extensively about Holmes, claims the Conan Doyle works on which the edited short stories are based are now in the public domain.  The estate did not respond to a request for comment regarding the allegations. (Intellectual Property)

Court awards Qualcomm $12.5 million in fees in tech trade secrets suit: A California federal judge has sanctioned plaintiffs’ local counsel almost $65,000 in a patent and trade secrets lawsuit against Qualcomm Inc. and ordered the plaintiffs to pay $12.5 million to defense counsel, document review attorneys and an e-discovery company.  U.S. District Judge Anthony J. Battaglia of the Southern District of California said plaintiffs Gabriel Technologies Corp. and subsidiary Trace Technologies LLC made Qualcomm defend itself against unsubstantiated claims for almost five years. (Computer & Internet)