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Supreme Court Addresses Municipal Sign Regulations, Again Image

Supreme Court Addresses Municipal Sign Regulations, Again

Steven M. Silverberg

In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to "off-premises" signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.

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Supreme Court's Breyer Ruling on Mistakes In Copyright Registrations Image

Supreme Court's Breyer Ruling on Mistakes In Copyright Registrations

Scott Graham

The Ninth Circuit had ruled in 2020 that §411(b)(1)(A) of the federal Copyright Act excuses inadvertent mistakes of fact on copyright registrations but not mistakes of law. The Supreme Court has now ruled 6-3 that the provision covers both mistakes of facts and law.

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Issues Addressed In Supreme Court 'Unicolors' Argument Image

Issues Addressed In Supreme Court 'Unicolors' Argument

Robert W. Clarida & Thomas Kjellberg

Some of the major issues the court addressed in the Unicolors oral argument, and some questions that are likely to remain open no matter the outcome.

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Will Supreme Court Settle Sale of Tax Liens Issue? Image

Will Supreme Court Settle Sale of Tax Liens Issue?

Kenneth L. Baum

There's a split among circuit courts on whether tax foreclosure sales may be avoidable as preferential and fraudulent transfers by property owners who subsequently seek relief under the Bankruptcy Code. If the Supreme Court eventually weighs in to resolve this circuit split, property owners, municipalities, and potential bidders for tax liens across the country will receive greater clarity on this critical issue.

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SCOTUS Passes on Bankruptcy Law Cases, Leaving Circuit Court Splits Image

SCOTUS Passes on Bankruptcy Law Cases, Leaving Circuit Court Splits

Corinne Ball

'Purdue Pharma' Looms Although four cases presenting important bankruptcy issues were teed up for the Supreme Court's consideration this term, the Court denied certiorari for each. Each of these petitions involve splits among the circuit courts of appeals, influencing choice of venue and the extent to which bankruptcy decisions are subject to meaningful appeal.

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U.S. Supreme Court Considers Copyright Registration of Multiple Works Image

U.S. Supreme Court Considers Copyright Registration of Multiple Works

Rex A. Donnelly

The 'Unicolors' case highlights the value of copyright registration, not only for creators who rely on the exclusivity of their content for making a living, but also for anyone with copyright eligible works in their IP portfolio.

Features

Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts Image

Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts

Robert J. Anello & Richard F. Albert

The Van Buren decision fits into a pattern of the court's modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.

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U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation Image

U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation

Robert W. Clarida & Robert J. Bernstein

The U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz to address the following question: "Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?"

Features

Supreme Court's Denial to Hear Student Debt Discharge Case Leaves Ambiguity Image

Supreme Court's Denial to Hear Student Debt Discharge Case Leaves Ambiguity

Joseph Pack & Jessey Krehl

With federal student loan forbearance set to expire at the end of September, many hoped the high court would provide, if not clarity, at least uniformity for the millions of Americans who currently are on the hook for student loans.

Features

U.S. Supreme Court Narrows Assignor Estoppel Doctrine In Continuation Patent Case Image

U.S. Supreme Court Narrows Assignor Estoppel Doctrine In Continuation Patent Case

John Bowler & Kristie Butler

Nearly a century after endorsing the doctrine of assignor estoppel, the Court concluded that it applies "when, but only when, the assignor's claim of invalidity contradicts explicit or implicit representations he made in assigning the patent."

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