Bankruptcy Veterans See Surge In Corporate Filings
March 01, 2023
Corporate bankruptcies have been a hot topic lately, with several businesses or their parent companies declaring bankruptcy, announcing they plan to do so or saying they may to do so soon. Two veteran bankruptcy attorneys in Georgia give their take on this and other bankruptcy topics.
U.S. Supreme Court Will Hear Political Football Section 230 Case — Why This One?
February 01, 2023
The Supreme Court has decided in the context of national security to consider the parameters of, and possible limits to, "Section 230" liability protections for social media companies. The question is why this case? The Supreme Court has decided to accept a case that, while sounding narrow and technical, actually goes to the heart of the way many Internet platforms operate — algorithmic targeted content recommendations.
Tax Issues In Charitable NIL Collectives In College Sports
February 01, 2023
With a growing number of donor groups forming Name Image and Likeness collectives as not-for-profit entities, there are questions about whether or not these collectives truly qualify as charitable organizations for tax purposes.
Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions
February 01, 2023
The Second Circuit's long-anticipated decision in United States v. Blaszczak limits the government's ability to bring fraud or insider trading prosecutions where the information used to achieve an advantage is regulatory information held by the government. It also brings the Second Circuit in greater alignment with the Supreme Court's wire fraud jurisprudence.
Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
January 01, 2023
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
Can Consumer Products Be 'Expressive Works'?
December 01, 2022
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.
IP News
December 01, 2022
Trademarks and Free Expression In the Ninth Circuit
