Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have…
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/ Labor & Employment Law, Privacy, Science, Computers, & Technology
The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide…
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/ Business Torts, Consumer Protection, Intellectual Property
On April 10, 2025, the US Food and Drug Administration (FDA) announced its intent to phase out the use of animal testing in the development of certain drugs and biologics. To help bring this “paradigm shift in drug evaluation”…
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/ Administrative Law, Health, Science, Computers, & Technology
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy…
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/ Criminal Law, Intellectual Property, International Law & Trade
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined at…
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/ Civil Procedure, Civil Remedies, Intellectual Property
A bipartisan group of senators and congressional representatives reintroduced the Patent Eligibility Restoration Act (PERA), which aims to reform the law of patent eligibility under 35 U.S.C. § 101. PERA seeks to address the…
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/ Administrative Law, Intellectual Property
Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,…
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/ Administrative Law, Intellectual Property
The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that a software term was a “nonce” term that invoked 35 U.S.C. § 112, sixth paragraph (i.e., a means-plus-function claim element). The Court…
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/ Intellectual Property, Science, Computers, & Technology
The US Court of Appeals for the Fifth Circuit explained that ordinarily, when state law contradicts with federal law, the state law may be preempted by the federal law under the US Constitution’s Supremacy Clause. However, under…
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/ Administrative Law, Constitutional Law, Health, Science, Computers, & Technology
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…
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/ Administrative Law, Civil Procedure, Commercial Law & Contracts, Health, Science, Computers, & Technology
Last week, the White House Office of Management and Budget (OMB) released its fiscal year (FY) 2026 discretionary funding request to Congress on its President’s Budget webpage. The administration released a “skinny” FY 2026…
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/ Administrative Law, Elections & Politics, Health
Reconciliation Hits a Speedbump -
As of May 6, 2025, it will not be what was anticipated on Capitol Hill. Multiple committees, including the House Energy and Commerce Committee, reportedly had planned to spend this week marking…
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/ Administrative Law, Agriculture, Elections & Politics, Health
Dividends from shares are taxable for shareholders, even if the dividends do not remain with them economically.
This (not entirely new) finding can be gleaned from a recent Federal Fiscal Court (BFH) ruling in which the BFH…
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/ Finance & Banking, Securities Law, Taxation
Partners Julia Boyd, Marshall Jackson, Jr., and Gregory Metz explored the increasing investment activity at the intersection of education and healthcare during a recent panel that featured Dina Said Dwyer, founder of Eden…
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/ Education Law, Health, Science, Computers, & Technology
JANUARY – MARCH 2025: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
FTC Loses Vertical Challenge to Tempur Sealy/Mattress Firm
On July 2, 2024, the US Federal Trade Commission (FTC) filed suit in federal court seeking to block a…
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/ Antitrust & Trade Regulation, Mergers & Acquisitions
