Latest Publications

Share:

Cheers to 50 Years of ERISA: A Major Milestone in Employee Protection

As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more

Supreme Court Hold Copyright Act’s Statute of Limitations Does Not Limit Damages Period

The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine. In doing so,...more

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more

IRS Delays Roth Catch-Up Contribution Requirement

On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and...more

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively,...more

Federal Circuit Holds Patent Owners Bear IPR Estoppel Burden of Proof

The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a...more

Tenth Circuit Allows ERISA Arbitration, So Long As There are No Limitations in Remedies

On February 9, 2023, the U.S. Court of Appeals for the Tenth Circuit refused to enforce an arbitration clause contained in an employee stock ownership plan (“ESOP”) document. In a 41-page opinion, the Court held that the ESOP...more

2022 End of Year Plan Sponsor “To Do” List (Part 3) Qualified Retirement Plans

As 2022 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more

2022 End of Year Plan Sponsor “To Do” List (Part 2) Annual Cost of Living Adjustments

As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more

TTAB Mulls Whether Mavericks Star Luka Doncic Can Revoke Trademark Consent After Issuance of a Mark

To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent. 15 U.S.C. § 1052(c). The United States Patent and Trademark Office (“USPTO”)...more

Second Time Around: Seventh Circuit Given First Opportunity to Analyze the Duty of Prudence Post Hughes

On August 29, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a 401(k) plan participant’s claims that plan fiduciaries mismanaged the $1.1 billion 401(k) plan and charged participants...more

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more

More is Not Always Better: Supreme Court Reexamines Fiduciary Duty of Prudence

In what may be one of the shortest decisions this term, the Supreme Court handed down a unanimous six-page opinion on January 24, 2022 in Hughes v. Northwestern University. Vacating the Seventh Circuit’s decision, the Court...more

Supreme Court to Review Copyright Statute Relating to Inaccurate Information Provided to Copyright Office

On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP. The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court to refer a matter to the Copyright...more

15 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