Features
What Will Impact Be of Supreme Court's <i>Tam</i> Decision?
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.
Features
A Broadening Consensus to Narrow Asset Forfeiture
The Supreme Court as a whole appears aligned and motivated to review critically federal and state asset forfeiture procedures. In addition, Attorney General Sessions last month restored the federal forfeiture of property seized by state and local law enforcement ("federal adoptions"), but with certain additional safeguards.
Features
<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration
In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
Features
Reflections on <b><I>Kokesh v. SEC</I></b>
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
Features
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
OnJune 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.
Columns & Departments
In the Courts
A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
Features
<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress
Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
Features
Patent Infringement
<b><i>Supreme Court Turns Back Clock</b></i><p>Although <i>TC Heartland v. Kraft Foods </i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Features
<b><i>Online Extra</i></b><br> In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders
Social media gained a new level of First Amendment respect on June 19 as the U.S. Supreme Court struck down a North Carolina law that barred registered sex offenders from posting on social networking sites.
Features
U.S. Supreme Court Speaks on Discovery Sanctions
It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in<I> Goodyear Tire & Rubber Co. v. Haeger</I>, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
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