After Several IP-Heavy Seasons, the 2017 Term At the U.S. Supreme Court Looks to Be a Quiet One for Intellectual Property — with One Big Exception
The 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property. But with one potential bang in the middle.
SCOTUS Review of Dodd-Frank to Change the Landscape
On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
The Supreme Court, in Universal Health Servs., Inc. v. United States ex rel. Escobar, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of qui tam claims.
It is a truism that law often lags technology. Near the end of the U.S. Supreme Court's past term, the Court issued a decision in which the majority opinion, by Justice Kennedy, recognized the importance of social media in most people's lives. The ramifications of the court's statements about social media are already reverberating in the courts.
It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.
Potential Ramifications of SEC Disgorgement Being a Penalty
Part Two of a Two-Part Article
The Kokesh decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.
Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation
With the Supreme Court's decision in Alice, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.
In 2017, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. But the Ninth Circuit recently affirmed a 35-year-old decision at a time when the rest of the country is moving to bridge the gender wage equality gap.
