Special counsel Ben Feder
authored the Law360
article “Oil States Patent Dispute Will Affect Bankruptcy Courts.” The article discusses the arguments in the patent dispute case, Oil States Energy Services LLC v. Greene’s Energy Group LLC. Although the case has nothing to do with bankruptcy law, its outcome could have a substantial impact on bankruptcy practice and litigation. Oil States Energy concerns the limits of Congress’ ability to create courts pursuant to Article I rather than under Article III, and therefore raises separation-of-power issues similar to those considered by the court in Stern v. Marshall
, its 2011 decision limiting the authority of U.S. bankruptcy courts.
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