The sixth edition of our Commercial Litigation Outlook arrives at a moment when change feels less like a trend and more like a standing condition.
Businesses, courts, and policymakers are confronting legal, economic, and...more
3/18/2026
/ Antitrust Litigation ,
Artificial Intelligence ,
Class Action ,
Commercial Bankruptcy ,
Commercial Litigation ,
Competition ,
e-Discovery ,
False Claims Act (FCA) ,
Intellectual Property Protection ,
New Legislation ,
Real Estate Market ,
Regulatory Oversight ,
Risk Management ,
State Legislatures
Unrivaled is a 3-on-3 basketball league founded by WNBA superstars Napheesa Collier and Breanna Stewart. The league has attracted many established WNBA stars, like Ms. Stewart, as well as up-and-coming young players like...more
2/6/2026
/ Appeals ,
Athletes ,
Basketball ,
Color Marks ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Sports ,
Trademark Application ,
Trademark Examination ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
We’ve previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country’s immunity from suit under the U.S. Foreign Sovereign Immunities Act or “FSIA”. Briefly, in...more
2/4/2026
/ Appellate Courts ,
Appellate Review ,
Collateral Order Doctrine ,
Discovery ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Interlocutory Appeals ,
Jurisdiction ,
Motion to Dismiss ,
Pleading Standards ,
Sovereign Immunity ,
Subject Matter Jurisdiction
In a move that underscores the volatility of immigration policy under judicial review, the U.S. Supreme Court has once again intervened in the ongoing litigation surrounding the 2023 Temporary Protected Status (TPS)...more
10/8/2025
/ Administrative Procedure Act ,
Appeals ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Noem v National TPS Alliance ,
Popular ,
SCOTUS ,
Temporary Protected Status ,
Trump Administration ,
USCIS
The news relating to Temporary Protected Status (TPS) for Venezuelans continues to shift as court battles continue. As we wrote last week, the Ninth Circuit recently affirmed a March 2025 district court order pausing the...more
9/10/2025
/ Administrative Procedure Act ,
Appeals ,
Appellate Courts ,
Department of Homeland Security (DHS) ,
Foreign Nationals ,
Immigrants ,
Immigration Procedures ,
Popular ,
Refugees ,
Stays ,
Summary Judgment ,
Temporary Protected Status ,
Trump Administration ,
USCIS
In a critical ruling that preserves stability for many Venezuelan nationals in the U.S., the Ninth Circuit Court of Appeals affirmed a district court’s order that prevents the abrupt termination of Temporary Protected Status...more
9/4/2025
/ Appeals ,
Department of Homeland Security (DHS) ,
Foreign Nationals ,
Foreign Workers ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Judicial Review ,
Refugees ,
SCOTUS ,
Statutory Interpretation ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
It’s that time of year where, for two weeks in late August and early September, tens of thousands of people descend upon Flushing Meadows in Queens, New York for the U.S. Open tennis tournament. The biggest stars in the world...more
9/3/2025
/ Athletes ,
Brand ,
Intellectual Property Protection ,
Name and Likeness ,
Personal Brands ,
Sports ,
Trademark Application ,
Trademark Enforcement ,
Trademark Ownership ,
Trademark Registration ,
Trademarks
Angel Reese—the former LSU basketball superstar who now plays for the Chicago Sky in the WNBA—made headlines recently when she filed an application to register MEBOUNDS as a trademark for clothing and related items (Serial...more
Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National...more
In a 7–2 decision issued by the U.S. Supreme Court on May 30th (with Justices Jackson and Sotomayor dissenting), the Court granted the federal government’s request to stay the district court’s injunction that had blocked the...more
6/10/2025
/ Appeals ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Noem v National TPS Alliance ,
Noem v Svitlana Doe ,
Parole Employment Authorization ,
Preliminary Injunctions ,
Refugees ,
SCOTUS ,
Stays ,
Temporary Protected Status ,
Trump Administration ,
USCIS
In a significant development for Venezuelan Temporary Protected Status (TPS) holders, a federal district court in California has issued an injunction preventing the Department of Homeland Security (DHS) from invalidating...more
6/9/2025
/ Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-94 ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Injunctions ,
Judicial Authority ,
Preliminary Injunctions ,
Refugees ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
On May 9, 2025, I sat in a crowded football stadium for the sold-out second night of the Grand National Tour concert featuring Kendrick Lamar and SZA (the stage name of Solána Rowe). As I listened to those iconic artists...more
6/4/2025
/ Artists ,
Authorship ,
Celebrities ,
Entertainment Industry ,
Intellectual Property Protection ,
Music Industry ,
Musical Sound Recordings ,
Name and Likeness ,
Popular ,
Trademark Application ,
Trademark Registration ,
Trademarks
In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more
5/27/2025
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
New Guidance ,
Noem v National TPS Alliance ,
Political Asylum ,
Popular ,
Refugees ,
SCOTUS ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
In the ongoing narrative of the Trump administration’s attempt to repeal the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), on Monday, May 5th, the US Court of Appeals for the First Circuit...more
5/12/2025
/ Appeals ,
Constitutional Challenges ,
Cuba ,
Department of Homeland Security (DHS) ,
Deportation ,
Foreign Nationals ,
Foreign Workers ,
Haiti ,
Human Rights ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Judicial Authority ,
Nicaragua ,
SCOTUS ,
Trump Administration ,
USCIS ,
Venezuela
Last week, a federal district court in Massachusetts temporarily blocked the mass termination of parole and employment authorization for beneficiaries of the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and...more
4/23/2025
/ Appeals ,
Biden Administration ,
Cuba ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Deportation ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Nicaragua ,
Parole ,
Trump Administration ,
USCIS ,
Venezuela
As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Women’s sports are no exception. 2024 was a banner year for women’s sports,...more
On December 3, 2024, the U.S. Supreme Court heard argument in Republic of Hungary v. Simon. The case involves Hungary’s theft of valuable items from Jewish families during the Holocaust. The plaintiffs sued the Republic of...more
Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more
Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more
7/19/2024
/ Algorithms ,
Artificial Intelligence ,
Authors ,
Class Action ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Disclosure ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Motion to Dismiss
The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S....more
We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard...more
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). ...more
5/3/2024
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Intellectual Property Protection ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
The Copyright Act
A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs. In most cases, the creators don’t know for sure whether the AI companies copied...more
Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee...more
4/3/2024
/ Algorithms ,
Artificial Intelligence ,
Entertainment Industry ,
Fair Use ,
First Amendment ,
Goods or Services ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Name and Likeness ,
New Legislation ,
Regulatory Reform ,
Right of Publicity