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Features

A Broadening Consensus to Narrow Asset Forfeiture Image

A Broadening Consensus to Narrow Asset Forfeiture

Edmund W. Searby

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 Image

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration

Theodore H. Davis Jr. & Samuel T. Kilb

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> 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 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 Image

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision

Janice G. Inman

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 Image

In the Courts

ljnstaff

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 Image

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress

Scott Graham

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 Image

Patent Infringement

Christopher Gaspar & Sean Hyberg

<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 Image

<b><i>Online Extra</i></b><br> In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders

Tony Mauro

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 Image

U.S. Supreme Court Speaks on Discovery Sanctions

Michael Hoenig

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.

Columns & Departments

Supreme Court News Image

Supreme Court News

ljnstaff & Law Journal Newsletters

'Disparaging' Trademarks Decision<br>High Court Declines Takedown Notice/Fair Use Case

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