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16 Mar 2024, 4:04 pm by David Bernstein
. 'Common understanding' has ceased to be the reliance in matters calling for essentially scientific determination. [read post]
15 Mar 2024, 3:17 am by Rob Robinson
Antitrust enforcers from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are intensifying their scrutiny of algorithm-related collusion, propelled by cases such as RealPage and McKenna Duffy v. [read post]
8 Mar 2024, 3:00 am by Jim Sedor
It has been decades since there have been major legislative or regulatory updates to the law, which imposed registration and reporting requirements for individuals and entities seeking to sway U.S. policy or the public on matters of foreign interests. [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). [read post]
24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
23 Feb 2024, 4:59 pm by Rebecca Tushnet
Fromer/McKenna paper on Amazon’s TM system: that’s not a positive story; they identify a number of problems. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
‘Common understanding’ has ceased to be the reliance in matters calling for essentially scientific determination. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
As Mark McKenna has elaborated, there’s a distinct class of acts that constitute unfair competition that we could easily read as part of 43(a). [read post]
16 Feb 2024, 6:30 am by Guest Blogger
” To Brandeis, the only thing that mattered was Butler’s “views as to property. [read post]
15 Feb 2024, 6:30 am by Guest Blogger
  The divisions among some of the Justices in respect to “textualism” or “purposivism” is not always absolute but rather a matter of degree or emphasis. [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
” Argument for change to factor 4, that growing a market/market benefits should matter. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Potential liability years downstream if that doesn’t matter. [read post]
10 Nov 2023, 6:22 am by Andrew Lavoott Bluestone
If an attorney’s actions resulted directly in the loss of a cause of action,the “measure of damages is generally the value of the claim lost” (McKenna vForsyth & Forsyth, 280 AD2d 79, 80 [4th Dept 2001], Iv denied96 NY2d 720[2001]). [read post]
12 Sep 2023, 2:07 am by Brittany Scurry, DMI Partners
At DMi, I meet weekly with our CEO, Patrick McKenna, to talk about DEI initiatives and investments and how to push them forward. [read post]
3 Aug 2023, 11:05 am by Rebecca Tushnet
McKenna: and the reverse, where they register narrowly but claim broadly. [read post]
13 Jul 2023, 12:06 pm by Legal Aggregate
In this annual roundup, we offer highlights of the commentary and insight that Stanford Law School faculty members provided on key SCOTUS decisions during this year’s term (beginning October 2022). [read post]