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18 Jul 2023, 9:05 am by Jonathan H. Adler
The downturn does not seem to be the result of declining merits decisions in the federal courts of appeals. [read post]
18 Jul 2023, 7:51 am by Gaston Kroub
This year’s report helps to give us a more accurate picture of how current trade secret claims are adjudicated, both at the trial court and on appeal. [read post]
18 Jul 2023, 7:16 am by Stewart Baker
And Maury evaluates Amazon's challenge to new EU content rules, a challenge that he thinks has more policy than legal appeal. [read post]
18 Jul 2023, 7:09 am by Eric Goldman
The Solicitor General’s Brief After losing at the Second Circuit, Genius asked the Supreme Court to hear its appeal. [read post]
18 Jul 2023, 5:01 am by Eugene Volokh
" … The United States Court of Appeals for the Tenth Circuit … has explained that "identifying a plaintiff only by a pseudonym is an unusual procedure, to be allowed only where there is an important privacy interest to be recognized. [read post]
18 Jul 2023, 3:58 am by Dan Harris
For more on why China trademarks are so important, check out China Trademarks: More Useful and More Necessary Than Ever. [read post]
17 Jul 2023, 11:40 pm by Eleonora Rosati
Instead, the status quo was largely preserved by the somewhat unsurprising conclusion that marks being used as trademarks (i.e. source identifiers) will ordinarily be treated as such.The case is however an interesting reminder that the US differs from the EU in the fact that it has codified, through the Lanham Act, an express parody exclusion for trademark infringement, whereas in the EU the courts have had to navigate the slightly more nebulous concept of "due cause" (Article… [read post]
17 Jul 2023, 10:00 pm by Sherica Celine
Motion to Compel Discovery: Making the Motion and Appealing an Adverse Ruling (Federal) Check out our practice note on how to move to compel discovery and appeal a decision in the event of an adverse ruling. [read post]
17 Jul 2023, 9:05 pm by Matthew Lee Wiener
If a special review statute precludes district court jurisdiction, a plaintiff like the plaintiffs in Axon will have the opportunity to bring its constitutional challenge before a federal court, but it will typically be before a court of appeals and, more importantly, only after the agency issues a final adjudicative decision. [read post]
17 Jul 2023, 9:05 pm by ilyabeylin
  However, the other critical issue for the SEC to appeal is the opinion’s disregard for cases expanding on the first Howey prong. [read post]
17 Jul 2023, 6:13 pm by Jonathan H. Adler
But there's more to Harlan's dissent than his most frequently cited words would lead you to believe. [read post]
17 Jul 2023, 5:20 pm by Chris Skelton
They might use staging techniques that call attention to its most appealing features. [read post]
17 Jul 2023, 5:16 pm by Seyfarth Shaw LLP
This position is consistent with the California Court of Appeal’s prior ruling in Rocha v. [read post]