In an unexpected turn of events, the U.S. Supreme Court recently dismissed without explanation two securities fraud class action cases out of the U.S. Court of Appeals for the 9th Circuit—Facebook, Inc. v. Amalgamated Bank...more
12/31/2024
/ Appeals ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Facebook ,
Form 10-K ,
Investors ,
NVIDIA ,
Pleading Standards ,
PSLRA ,
SCOTUS ,
Securities Fraud
On June 26, 2024, the U.S. Supreme Court held 6-3 in Snyder v. United States that a federal statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize “gratuities” to state and local officials—i.e., payments made to those...more
In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more
1/31/2024
/ Affirmative Action ,
Appeals ,
Clean Water Act ,
Constitutional Challenges ,
Eighth Amendment ,
Election Laws ,
Equal Protection ,
Executive Orders ,
Free Speech ,
Gerrymandering ,
LGBTQ ,
SCOTUS ,
Voting Rights ,
Voting Rights Act
- The Supreme Court ruled 7-2 in Thryv, Inc. v. Click-to-Call Technologies, LP, that the PTAB’s application of the one-year time limit for petitions for inter partes review, set out in 35 U.S.C. § 315(b), is not subject to...more
4/23/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
8/14/2019
/ Administrative Procedure Act ,
Anti-Commandeering ,
Appeals ,
Child Custody ,
Constitutional Challenges ,
Department of the Interior ,
Equal Protection ,
Final Rules ,
Indian Child Welfare Act of 1978 (ICWA) ,
Native American Issues ,
Non-Delegation Doctrine ,
Reversal ,
Standing ,
Summary Judgment ,
Tenth Amendment
• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more
5/20/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
• The Supreme Court in WesternGeco LLC v. ION Geophysical Corp. held 7-2 that because ION exported components of WesternGeco’s patented system in violation of 35 U.S.C. § 271(f)(2), WesternGeco was entitled to recover damages...more
6/26/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
• The Supreme Court in Murphy v. NCAA ruled 7-2 that a federal law prohibiting states from authorizing sports betting violated the constitutional rule that the federal government may not “commandeer” the states.
• The...more
5/18/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
• The Federal Circuit held that the “immoral or scandalous” clause of Lanham Act § 2(a), which prohibits registration of a trademark that “consists of or comprises immoral or scandalous matter,” is unconstitutional under the...more
12/20/2017
/ Appeals ,
Commercial Speech ,
Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Intent-to-Use ,
Lanham Act ,
Matal v Tam ,
Patent Trial and Appeal Board ,
Reversal ,
Trademark Registration ,
Trademarks ,
USPTO