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Social Media Grabs Attention of SCOTUS Image

Social Media Grabs Attention of SCOTUS

Shari Claire Lewis

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.

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A Broadening Consensus to Narrow Asset Forfeiture Image

A Broadening Consensus to Narrow Asset Forfeiture

Edmund W. Searby

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.

Features

Reflections on <b><I>Kokesh v. SEC</I></b> Image

Reflections on <b><I>Kokesh v. SEC</I></b>

Dixie L. Johnson & M. Alexander Koch

<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>The <I>Kokesh</I> decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.

Features

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision Image

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision

Janice G. Inman

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.

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The Alien Tort Statute Image

The Alien Tort Statute

Lanier Saperstein & Carol Lee

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.

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Is This Really Patentable? Image

Is This Really Patentable?

Louis L. Touton, Steven J. Corr & Nickou Oskoui

<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

Features

The Equal Pay Act Image

The Equal Pay Act

Robert G. Brody & Lindsay M. Rinehart

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.

Features

A Broadening Consensus to Narrow Asset Forfeiture Image

A Broadening Consensus to Narrow Asset Forfeiture

Edmund W. Searby

When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.

Features

U.S. Supreme Court Addresses the 'Denominator Problem' Image

U.S. Supreme Court Addresses the 'Denominator Problem'

Stewart E. Sterk

In a recent case, the U.S. Supreme Court applied what has come to be known as the <i>Penn Central</i> balancing test to uphold New York City's refusal to approve an office tower atop Grand Central Terminal.

Features

What Will Impact Be of Supreme Court's <i>Tam</i> Decision? Image

What Will Impact Be of Supreme Court's <i>Tam</i> Decision?

Theodore H. Davis Jr. & Samuel T. Kilb

In <i>Matal v. Tam</i>, the trademark case involving the name of the Asian-American rock band The Slants, the SCOTUS held that the portion of §2(a) of the Lanham Act, 15 U.S.C. §1052(a), that prohibits the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.

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