,,ii #aahth ,,congress #b;d ,session ,s4 #djie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbd,mr4 ,mc,connell 7for himself1 ,mr4 ,cotton1 and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to limit the authority of district courts to provide injunctive relief1 to modify venue requirements relating to bankruptcy proceedings1 and to ensure that venue in patents cases is fair and proper1 and for other purposes44 #a4 ,short titles ,this ,act may be cited as the ,stop ,helping ,outcome ,preferences ,act or the ,,shop ,act4 #b4 ,nationwide injunction abuse prevention 7a7 ,in general ,chapter #he of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #acgj4 ,limitation on authority to provide injunctive relief ,notwithstanding any other provision of law1 a district court may not issue any order providing injunctive relief unless such order is applicable only to-- 7#a7 the parties to the case before the court2 or 7#b7 similarly situated individuals in the judicial district in which the district court has jurisdiction4 4 7b7 ,clerical amendment ,the chapter analysis for chapter #hd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #acgj4 ,limitation on authority to provide injunctive relief4 4 #c4 ,preventing judge shopping 7a7 ,in general ,chapter #aca of title #bh1 ,united ,states ,code1 is amended by inserting after section #bjge the following3 #bjgf4 ,preventing judge shopping 7a7 ,in general ,rules promulgated under this chapter may not permit an attorney to be admitted to practice in any ,federal court if a disciplinary body of judges properly constituted under the rules and procedures of a ,federal court determines that such attorney has engaged in judge shopping4 7b7 ,defined term ,in this section1 the term judge shopping means attempting to interfere with a court's case assignment process for the purpose of influencing the assignment of a particular judge to preside over a particular case by-- 7#a7 engaging in ex parte communications with a judge or a judge's chambers2 7#b7 successive filing of materially identical suits within a ,state1 district1 or circuit without good cause2 7#c7 successive filing of materially identical suits with different plaintiffs2 7#d7 improperly marking a suit as a related case under existing court docketing practices2 or 7#e7 otherwise attempting to change the assignment of a case after its filing1 excepting a motion to recuse4 4 7b7 ,clerical amendment ,the chapter analysis for chapter #aca of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjge the following3 #bjgf4 ,preventing judge shopping4 4 #d4 ,bankruptcy venue reform 7a7 ,short title ,this section may be cited as the ,bankruptcy ,venue ,reform ,act of #bjbd4 7b7 ,findings ,congress finds the following3 7#a7 ,bankruptcy laws provide a number of venue options for filing bankruptcy under chapter #aa of title #aa1 ,united ,states ,code1 including1 with respect to the entity filing bankruptcy-- 7,a7 any district in which the place of incorporation of the entity is located2 7,b7 any district in which the principal place of business or principal assets of the entity are located2 and 7,c7 any district in which an affiliate of the entity has filed a pending case under title #aa1 ,united ,states ,code4 7#b7 ,the wide range of permissible bankruptcy venue options has led to an increase in companies filing for bankruptcy outside of the district in which the principal place of business or principal assets of the company is located1 a practice that is commonly known as forum shopping4 7#c7 ,forum shopping-- 7,a7 has resulted in a concentration of bankruptcy cases in a limited number of judicial districts2 7,b7 prevents small businesses1 employees1 retirees1 creditors1 and other important stakeholders from fully participating in bankruptcy cases that have tremendous impacts on their lives1 communities1 and local economies2 and 7,c7 deprives district courts of the ,united ,states and courts of appeals of the ,united ,states of the opportunity to contribute to the development of bankruptcy law in the jurisdictions of those district courts4 7#d7 ,reducing the incidence of forum shopping in the bankruptcy system will strengthen the integrity of1 and build public confidence and ensure fairness in1 the bankruptcy system4 7c7 ,purpose ,the purpose of this section is to prevent the practice of forum shopping in bankruptcy cases filed under chapter #aa of title #aa1 ,united ,states ,code4 7d7 ,venue of cases under title #aa ,title #bh1 ,united ,states ,code1 is amended-- 7#a7 by amending #adjh to read as follows3 #adjh4 ,venue of cases under title #aa 7a7 ,principal place of business with respect to certain entities 7#a7 ,in general ,except as provided in paragraph 7#b71 for the purposes of this section1 if any entity is subject to the reporting requirements under section #ac or #ae7;d7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm and #gho7d771 the term principal place of business1 with respect to such entity1 means the address of the principal executive office of the entity1 as stated in the last annual report filed under such ,act before the commencement of a case under title #aa of which the entity is the subject4 7#b7 ,exception ,with respect to an entity described in paragraph 7#a71 the definition of principal place of business shall apply1 for purposes of this section1 unless another address is shown1 by clear and convincing evidence1 to be the principal place of business of such entity4 7b7 ,venue ,except as provided in section #adaj1 a case under title #aa may be commenced only in the district court for the district-- 7#a7 in which the domicile1 residence1 or principal assets in the ,united ,states of an individual who is the subject of the case have been located-- 7,a7 during the #ahj-;day period immediately preceding such commencement2 or 7,b7 for a longer portion of such #ahj-;day period than the domicile1 residence1 or principal assets in the ,united ,states of the individual were located in any other district2 7#b7 in which the principal place of business or principal assets in the ,united ,states of an entity1 other than an individual1 that is the subject of the case have been located-- 7,a7 during the #ahj-;day period immediately preceding such commencement2 or 7,b7 for a longer portion of such #ahj-;day period than the principal place of business or principal assets in the ,united ,states of the entity were located in any other district2 or 7#c7 in which there is pending a case under title #aa concerning an affiliate that directly or indirectly owns1 controls1 or holds #ej percent or more of the outstanding voting securities of1 or is the general partner of1 the entity that is the subject of the later filed case1 but only if the pending case was properly filed in such district in accordance with this section4 7c7 ,limitations 7#a7 ,in general ,for purposes of paragraphs 7#b7 and 7#c7 of subsection 7b71 no effect shall be given to a change in the ownership or control of an entity that is the subject of the case1 or of an affiliate of such entity1 or to a transfer of the principal place of business or principal assets in the ,united ,states1 or to the merger1 dissolution1 spinoff1 or divisive merger of an entity that is the subject of the case1 or of an affiliate of such entity1 to another district1 if such event takes place-- 7,a7 during the #a-year period immediately preceding the date on which the case is commenced2 or 7,b7 for the purpose1 in whole or in part1 of establishing venue4 7#b7 ,principal assets 7,a7 ,principal assets of an entity other than an individual ,for purposes of subsection 7b77#b7 and paragraph 7#a7 of this subsection-- 7i7 the term principal assets does not include cash or cash equivalents2 and 7ii7 any equity interest in an affiliate is located in the district in which the holder of the equity interest has its principal place of business in the ,united ,states1 as determined in accordance with subsection 7b77#b74 7,b7 ,equity interests of individuals ,for purposes of subsection 7b77#a71 if the holder of any equity interest in an affiliate is an individual1 the equity interest is located in the district in which the domicile or residence in the ,united ,states of the holder of the equity interest is located1 as determined in accordance with subsection 7b77#a74 7d7 ,burden of proof ,on any objection to1 or request to change1 venue under paragraph 7#b7 or 7#c7 of subsection 7b7 of a case under title #aa1 the entity that commences the case shall bear the burden of establishing1 by clear and convincing evidence1 that venue is proper under this section4 7e7 ,out-of-,state admission for government attorneys ,the ,supreme ,court shall prescribe rules1 in accordance with section #bjge1 for cases or proceedings arising under title #aa1 or arising in or related to cases under title #aa1 to allow any attorney representing a governmental unit to be permitted to appear on behalf of the governmental unit and intervene without charge1 and without meeting any requirement under any local court rule relating to attorney appearances or the use of local counsel1 before any bankruptcy court1 district court1 or bankruptcy appellate panel4 2 and 7#b7 to amend section #adab to read as follows3 #adab4 ,change of venue 7a7 ,in general ,notwithstanding that a case or proceeding under title #aa1 or arising in or related to a case under title #aa1 is filed in the correct division or district1 a district court may transfer the case or proceeding to a district court in another district or division-- 7#a7 in the interest of justice2 or 7#b7 for the convenience of the parties4 7b7 ,incorrectly filed cases or proceedings ,if a case or proceeding under title #aa1 or arising in or related to a case under title #aa1 is filed in a division or district that is improper under section #adjh7;b71 the district court shall-- 7#a7 immediately dismiss the case or proceeding2 or 7#b7 if it is in the interest of justice1 immediately transfer the case or proceeding to any district court for any district or division in which the case or proceeding could have been brought under such section4 7c7 ,objections and requests relating to changes in venue ,not later than #ad days after the filing of an objection to1 or a request to change1 venue of a case or proceeding under title #aa1 or arising in or related to a case under title #aa1 the court shall enter an order granting or denying such objection or request4 4 #e4 ,venue equity in patent cases 7a7 ,short title ,this section may be cited as the ,venue ,equity and ,non-,uniformity ,elimination ,act of #bjbd4 7b7 ,amendment ,section #adjj7;b7 of title #bh1 ,united ,states ,code1 is amended to read as follows3 7b7 ,notwithstanding subsections 7b7 and 7c7 of section #acia1 any civil action for patent infringement or any action for a declaratory judgment that a patent is invalid or not infringed may be brought only in a judicial district-- 7#a7 in which the defendant has its principal place of business or is incorporated2 7#b7 in which the defendant has committed an act of infringement of a patent in suit and has a regular and established physical facility that gives rise to such act of infringement2 7#c7 in which the defendant has agreed or consented to be sued in such action2 7#d7 in which an inventor named on the patent in suit conducted research or development that led to the application for the patent in suit2 7#e7 in which a party has a regular and established physical facility that such party controls and operates1 not primarily for the purpose of creating venue1 and has-- 7,a7 engaged in management of significant research and development of an invention claimed in a patent in suit before the effective filing date of the patent2 7,b7 manufactured a tangible product that is alleged to embody an invention claimed in a patent in suit2 or 7,c7 implemented a manufacturing process for a tangible good in which the process is alleged to embody an invention claimed in a patent in suit2 or 7#f7 in the case of a foreign defendant that does not meet the requirements of paragraph 7#a7 or 7#b71 in accordance with section #acia7;c77#c74 4 7c7 ,mandamus relief ,for the purpose of determining whether relief may issue under section #afea of title #bh1 ,united ,states ,code1 a clearly and indisputably erroneous denial of a motion under section #adjf7;a7 of such title to dismiss or transfer a case on the basis of section #adjj7;b7 of such title shall be deemed to cause irremediable interim harm4 7d7 ,teleworkers ,the dwelling or residence of an employee or contractor of a defendant who works at such dwelling or residence shall not constitute a regular and established physical facility of the defendant for purposes of section #adjj7;b77#b7 of title #bh1 ,united ,states ,code1 as added by subsection 7a74