The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the...more
11/14/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Blockchain ,
Certiorari ,
Class Action ,
Coinbase ,
Cryptocurrency ,
Delegation Clauses ,
Petition for Writ of Certiorari ,
SCOTUS
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
10/2/2018
/ America Invents Act ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Arbitration ,
Class Members ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Cy Pres Funds ,
Federal Arbitration Act ,
Fee Awards ,
Intellectual Property Protection ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Privacy Laws ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Split of Authority ,
Technology Sector ,
The Copyright Act ,
Video Games
Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more
8/10/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Disparagement ,
Extraterritoriality Rules ,
First Amendment ,
Free Speech ,
Impression Products v Lexmark International ,
Jurisdiction ,
Laches ,
Lanham Act ,
Matal v Tam ,
Microsoft v Baker ,
Music Industry ,
Online Platforms ,
Patent Exhaustion ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
SCOTUS ,
Social Networks ,
Star Athletica v Varsity Brands ,
TC Heartland LLC v Kraft Foods ,
The Slants ,
Trademark Registration ,
Trademarks ,
Venue
The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under 28 U.S.C. § 1291 to hear the...more
The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more
In a closely-watched case, the California Supreme Court recently held in McGill v. Citibank, N.A. that arbitration clauses that foreclose a plaintiff’s right to pursue public injunctive relief in any forum are invalid and...more
4/13/2017
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Banking Sector ,
CA Supreme Court ,
Citibank ,
Class Action ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Contracts ,
Federal Arbitration Act ,
Injunctive Relief ,
Preemption ,
Unfair Competition Law (UCL)
In an important move that may clarify standing in a variety of consumer cases, the U.S. Supreme Court on April 27, 2015 granted review in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014), cert. granted, 135 S. Ct. 323...more
4/30/2015
/ Article III ,
Certiorari ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
Federal Jurisdiction ,
Imminent Harm ,
Private Right of Action ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages