Follow Expert Insight, Commentary, and Intelligence On...
When I was a kid, I had an Intellivision. For those people born after 1980, Intellivision was a video game console that had better graphics than an Atari 2600 that people just didn’t buy. You could say Intellivision was the Betamax of…more
Court Fashions Hybrid Approach to Determining Whether Garment Designs Are Copyrightable - Varsity Brands et al. v. Star Athletica
Addressing for the first time the question of whether “cheerleading uniforms [are] truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks” the U.S. Court of Appeals for the Sixth Circuit answered in the…more
On September 30, 2015, the Government Accountability Office (GAO) released a report entitled “Medicare: Considerations for Expansion of the Appropriate Use Criteria Program.” In addition to describing CMS’s plans for implementing the…more
Leading the News - Burkina Faso: On October 1st, authorities in Burkina Faso said General Gilbert Diendere, the leader behind a recent coup attempt in the country, was in the custody of security forces. According to reports…more
Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.
The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court also…more
On October 7, Gov. Brown signed into law the Clean Energy and Pollution Reduction Act of 2015 (“SB 350”) 2015. This comes as no surprise, because when the state legislature passed SB 350 on September 11, 2015, Gov. Brown said that…more
The Federal Circuit has again held that it lacks jurisdiction to review certain decisions of the U.S. Patent Trial & Appeal Board in Inter Partes Reviews, continuing the Court’s apparent “hands off” approach to reviewing PTAB decisions…more
On September 28, 2015, the Government Accountability Office (GAO) released a report regarding CMS controls of provider adequacy in Medicare Advantage Organization (MAO) networks. The GAO pursued its review because many MAOs have been…more
Updates on Environmental, Administrative and Regulatory Law: EARL e-News: EPA Strengthens Power Plant Water Discharge Regulations
On September 30, 2015, the EPA finalized a revision to its wastewater effluent standards for power plants. The new regulation (which takes effect sixty days after Federal Register publication of the revision) updates a 1982 standard…more
Ray Charles Foundation Can Challenge Heirs’ Attempt to Reclaim Copyrights - Ray Charles Foundation v. Robinson et al.
The U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a suit brought by the sole beneficiary of the Ray Charles estate, concluding that the Ray Charles Foundation had standing to challenge Charles’s…more
The Australian High Court yesterday unanimously overturned six lower court judges and dismissed some very careful reasoning to not only follow the U.S. Supreme Court in invalidating claims to the BRCA1 and 2 gene sequences, but also to…more