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Supreme Court Ruling Curtails Forum-Shopping

by Jackson Walker on

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision,...more

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

by Bass, Berry & Sims PLC on

This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks....more

U.S. Supreme Court Reverses California’s Sliding Scale Approach to Specific Personal Jurisdiction

On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held, by a vote of 8 to 1, that California courts lack specific jurisdiction to entertain a nonresident’s claims that are...more

SCOTUS Decides Regulatory Takings Case

The US Supreme Court today issued its latest pronouncement on regulatory takings, Murr et. al, v. Wisconsin, et al. Justice Kennedy wrote for the Court, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. The issue was...more

NC Legislative Update: June 2017 #3

by Nexsen Pruet, PLLC on

This Week - Cpl. Dillon C. Baldridge, a native of Youngsville, NC, was one of three soldiers killed in Afghanistan on June 10th, 2017. We are eternally grateful for his service to this country and for his sacrifice. Our...more

Supreme Court Ruling Promises To Reshape Major, Multiparty Litigation in Federal Court

In Bristol-Myers Squibb v. Superior Court of California, No. 16-466, slip op. (U.S., June 19, 2017), the United States Supreme Court provided further clarification regarding the exercise of personal jurisdiction over...more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

The Slants, The Redskins, and Free Speech for All Parties

This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street. It also suggests the value of a sympathetic litigant, at least in terms of public response....more

Supreme Court Declares First Amendment Interest in Access to Social Networks

by Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Your New ®Ight To Disparage – A Look Inside “The Slants” Lanham Act Decision

by McCarter & English, LLP on

The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled...more

In a Series of Personal-Jurisdiction Cases, the Supreme Court Gives Businesses Tools Against Forum Shopping

by K&L Gates LLP on

The 2016–2017 U.S. Supreme Court term will be remembered for decisions on splashier subjects, but for the business community, the personal-jurisdiction decisions in BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v....more

Slanting Toward The End Of The Commercial Speech Doctrine

by Fox Rothschild LLP on

Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be. The case involved Simon Tam’s band...more

Intellectual Property Newsletter - June 2017

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more

Update: Ban on Registering “Disparaging” Trademarks Unconstitutional

by Genova Burns LLC on

In a unanimous opinion based on differing rationale, the Supreme Court held that the federal prohibition on registering “disparaging” trademarks is unconstitutional. (Matal v. Tam, No. 15-1293)....more

Avoiding State Law Pitfalls (Part 3 of 4)

by Bryan Cave on

This is the third hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #3 - The manager of a restaurant in Hartford, Connecticut calls you regarding an outspoken...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 3

This is Part 3 in my series exploring the history of FDA’s regulation of off-label communications, which has become newly relevant in light of the recent events highlighted in Part 1. In this installment, I continue...more

The Supreme Court Holds the Lanham Act’s Disparagement Clause Unconstitutional

by Robins Kaplan LLP on

In a closely watched decision, the eight participating members of the Supreme Court unanimously held that the so-called disparagement clause of the Lanham Act violates the First Amendment. The high-profile case of Matan v....more

Supreme Court strikes down Lanham Act's disparagement clause as unconstitutional

by Dentons on

In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause" of the federal trademark...more

SCOTUS Overturns California's Extreme Expansion of Personal Jurisdiction for National Corporations

by Jones Day on

The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident corporations and curtailing the plaintiff's bar's efforts at forum shopping....more

SCOTUS: Supreme Court Holds Disparagement Clause of the Lanham Act Violates the Free Speech Clause of the First Amendment

On June 19, 2017, in Matal v. Tam, previously Lee v. Tam, the Supreme Court handed down its most impactful interpretation of the disparagement clause of the Lanham Act to date by holding that at its intersection with the...more

Supreme Court Holds Entities May Register Disparaging Trademarks

by Morgan Lewis on

The Lanham Act’s restriction on trademarks that disparage persons living or dead violates the First Amendment. Though the United States Patent and Trademark Office (USPTO) has sometimes reversed its position on whether a...more

Victory for The Slants and Redskins: Supreme Court Okays Offensive Trademarks

This week, the United States Supreme Court settled the issue of whether an offensive name, in this case, an Asian-American rock band called “The Slants,” can properly be registered as a trademark. The Court’s conclusion?...more

SCOTUS and the Slants: Disparagement Proscription of § 2(A) of the Lanham Act Unconstitutional

by McDermott Will & Emery on

A unanimous decision from the Supreme Court of the United States in Matal v. Tam affirmed an en banc panel of the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional under the...more

Spokeo And Standing: Fourth Circuit Applies Spokeo And Reverses Nearly $12 Million FCRA Action Judgment

by King & Spalding on

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act...more

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