News & Analysis as of

Enforcement First Amendment

Dunlap Bennett & Ludwig PLLC

U.S. Copyright Office Calls For A New Digital Replica Law

In today’s digital age, artificial intelligence (AI) has rapidly advanced, bringing with it unprecedented opportunities — and challenges. One of the most pressing issues is the rise of AI-generated digital replicas, commonly...more

Farella Braun + Martel LLP

Preliminary injunction issued regarding enforcement of Prop 65 warning requirement for titanium dioxide in cosmetic and personal...

On June 12, 2024, in Personal Care Products Council v. Bonita (No. 23-1006), the U.S. District Court for the Eastern District of California issued a preliminary injunction regarding enforcement of Prop 65's warning...more

Mintz

Oklahoma Judge Temporarily Blocks Law Penalizing Companies Engaged in Fossil Fuel Boycott

Mintz on

Earlier this week, a state court judge in Oklahoma issued a temporary restraining order that blocks--for now--enforcement of an Oklahoma law that deprives companies deemed to boycott the fossil fuel industry of the ability to...more

Proskauer Rose LLP

Three Point Shot - May 2024

Proskauer Rose LLP on

Mischief Afoot: Vans Kicks MSCHF’s Main Defense to Trademark Infringement to the Curb in Art Sneaker Dispute - If the shoe fits, wear it. Or so the Second Circuit mused in a recent decision, in which it “re-boxed” an art...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Courts of Appeals Block Two Legal Efforts to Curb DEI Initiatives

Based on First Amendment concerns, the Eleventh Circuit has blocked enforcement of provisions in Florida’s Stop WOKE Act that would restrict mandatory trainings endorsing DEI concepts. The Second Circuit has rejected a...more

Snell & Wilmer

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance...

Snell & Wilmer on

Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more

Dechert LLP

Trademark Protection and Protected Speech In and Out of the Metaverse

Dechert LLP on

The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v....more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Blocks Enforcement of Florida “Stop WOKE Act”

The court finds that the addition to the Florida Civil Rights Act turns the First Amendment “upside down.” A federal court granted a preliminary injunction against the controversial Stop WOKE Act on First Amendment...more

Pillsbury Winthrop Shaw Pittman LLP

Florida “Stop WOKE Act” Enacted to Restrict DEI Initiatives by Employers, Associations, and Certification Organizations

The new Florida expansion of the Florida Civil Rights Act faces an immediate legal challenge. The controversial Stop WOKE Act amends the Florida Civil Rights Act to define certain mandatory DEI programs as prohibited racial...more

Stinson - Corporate & Securities Law Blog

New Decision Bodes Well for SEC in Conflict Minerals Case

In April 2014, the United States Court of Appeals for the District of Columbia held the SEC’s conflict minerals rule and statute embodied in Dodd-Frank violate the First Amendment to the extent the statute and rule require...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Court of Appeals for the District of Columbia Circuit Holds That Portion of Conflict Minerals Rule Violates First Amendment

On April 14, 2014, the United States Court of Appeals for the District of Columbia issued its decision in the pending court challenge to the conflict minerals rule. The rule was promulgated in 2012 by the Securities and...more

McDermott Will & Emery

Patent Enforcement Protected by First Amendment?

McDermott Will & Emery on

After receiving a draft complaint and a stipulated order from the Federal Trade Commission (FTC) banning its allegedly deceptive letters to infringers of its scanning technology, MPHJ Technology Investments LLC (MPHJ) filed...more

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