Latest Publications

Share:

Stablecoins Unlikely to Be Subject to the SEC’s Jurisdiction

The recent decision in Securities and Exchange Commission v. Binance Holdings Limited et al (Binance) has cast further doubt on the Securities and Exchange Commission’s (SEC’s) pursuit of jurisdiction over stablecoins....more

U.S. Supreme Court Significantly Curtails SEC Enforcement Forum Discretion

On June 27, 2024, the United States Supreme Court issued a much-anticipated decision in Securities and Exchange Commission v. Jarkesy, holding that parties subject to an enforcement action brought by the U.S. Securities and...more

SEC Sues Binance and Coinbase: What Are the Allegations and What Is Next?

In the span of two days, June 5 and June 6, 2023, the US Securities and Exchange Commission (SEC) commenced proceedings against the largest crypto asset exchange in the world, Binance.com; its affiliated US exchange,...more

Supreme Court Limits Expression-Based Defenses to Trademark Claims

On June 7, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties v. VIP Products, reversing the Ninth Circuit and holding in favor of the owner of the Jack Daniel’s whiskey brand. In a unanimous...more

Supreme Court Clarifies Copyright Fair Use Defense in Andy Warhol Foundation v. Goldsmith

The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more

Federal District Court Ruling May Jeopardize Insurance Coverage of More Than 50 Recommended Procedures, Screenings, and Treatments

Under the Affordable Care Act, group health plans and health insurance issuers are required to provide health insurance coverage based on recommendations made by healthcare coverage professionals. The covered categories...more

Congress Passes Legislation Codifying FDA’s “Active Moiety” Approach to Exclusivity Determinations

On April 23, 2021, President Biden signed into law the “Ensuring Innovation Act,” which modifies section 505 of the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. § 355, by codifying the regulatory approach used by...more

Because Of Winn-Dixie, Companies Threatened With Website-Accessibility Litigation Can Raise Stronger Defenses

A federal appeals court has issued a long-awaited decision rejecting a claim that anti-discrimination law requires a retail store’s website to be accessible to the disabled. Any company with a customer-facing website —...more

Fair Lending Considerations In A COVID-19 World: Fair Servicing And Consumer Relief In The U.S.

The sudden financial impact of the COVID-19 pandemic on consumers has led to calls for loan servicers and other interested parties to provide temporary or permanent relief for borrowers who are unable to continue making loan...more

Arkansas: The Land of Gaming Opportunity?

During the 2018 midterm elections, Arkansas voters weighed in on Issue 4, a referendum to amend their state constitution to allow full-scale casino gambling. Voters approved the measure by an 8.2% percent margin....more

Major Sports Gambling State Developments Following Repeal of PASPA

For the first time in decades, sportsbooks can now legally operate in every state that wishes to welcome the practice following the Supreme Court’s decision in May to strike down the Professional and Amateur Sports Protection...more

Parting with PASPA: U.S. Supreme Court Paves the Way for Regulated Sports Gambling

Earlier today, New Jersey won a sweeping victory in Murphy v. NCAA, a case challenging the constitutionality of the Professional and Amateur Sports Protection Act of 1992 (PASPA). As David Apfel and Brian Burgess recently...more

Highway to the Danger . . . Arena? Room for Improvement in Atlantic City’s Test Run With Skill Based Gaming

About a year after New Jersey’s Division of Gaming Enforcement implemented regulations for skill-based machine gaming, “video game slot machines” have finally made their entrance in Atlantic City, to mixed acclaim. Most of...more

Welcome (Back) to New York: The Empire State Legalizes Daily Fantasy Sports

On Wednesday, Governor Andrew Cuomo signed into law S. 8153, a bill authorizing daily fantasy sports (DFS) in the Empire State. The law requires DFS operators to register with the New York State Gaming Commission, pay a 15%...more

Doe v. Brandeis University : Implications for University Disciplinary Systems and Policies

Case Background - Brandeis University initiated disciplinary proceedings against a student, John Doe, who allegedly engaged in sexual misconduct with another student, J.C. The two students had been in a romantic...more

Goliath Versus Goliath:  Three Takeaways From the En Banc Rehearing of NCAA v. New Jersey

Barring congressional action, the future of sports betting in the United States lies in the hands of the U.S. Court of Appeals for the Third Circuit. Last month, the en banc court heard argument in NCAA v. New Jersey, No....more

“Surviving” the Madness: Are Paid-Entry Survivor Contests Legal?

The field is set, the brackets are in, and the players are ready. Welcome to March Madness, also known as America’s Least Productive Month. And much to the NCAA’s chagrin, it’s also peak gambling season—the American Gaming...more

Federal Circuit to Consider Whether Delay in Filing Suit Can Bar Damages or Injunctive Relief in Patent Case

Speed Read - The Federal Circuit has granted an en banc rehearing in SCA Hygiene Products v. First Quality Baby Products to revisit whether and to what extent a patent owner’s unreasonable delay in filing an...more

A Report on the Future of Atlantic City (In the Words of "Atlantic City")

How do you regild a city that’s lost its luster? Last month, the New Jersey Governor’s Advisory Commission on Gaming, Sports, and Entertainment released a report attempting to answer that question for Atlantic City. ...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide