Features
Jimmy Hoover
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
Features
Catherine Nyarady
&
Crystal Parker
This case has important implications not only for trademark registrations, but also potentially in determining collisions between trademark rights, rights of publicity, and freedom of speech considerations in future cases.
Features
Edward D. Lanquist
&
Dominic Rota
The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
Features
Robert J. Anello
&
Richard F. Albert
The Supreme Court's Dubin decision is another worthy entrant in the long running series of SCOTUS decisions applying judicial restraints where prosecutors seem unable to restrain themselves.
Features
Brad Kutner
In a win for trademark holders, the U.S. Supreme Court offered a narrow ruling in the dispute involving "dog toys and whiskey."
Features
Erick Franklund
The Internet is still standing, but the Supreme Court's reasoning in the Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.
Features
Nicole D. Galli
&
Andrew J. Costa
Commentary
The high court's decision's future application is anything but clear and clarification of the parameters of a "transformative" fair use is left open for another day.
Features
Jimmy Hoover
Messaging company Slack Technologies scored a unanimous victory in the U.S. Supreme Court last month, which held that an investor suing over a company stock offering must show he held "registered" securities in the company.
Features
Conor Tucker
In March, the Supreme Court heard a blockbuster trademark case with significant implications for trademark law. After argument, reversal seems likely as questioning from the justices suggests that a long-standing precedent is unlikely to survive unscathed. But the Court also indicated concern over the broader implications of this case in the arts, entertainment, and publishing. Here's what you need to know about Jack Daniel's v. VIP Products.
Features
Harry Sandick
&
Nicole Scully
It has been common knowledge to criminal practitioners for years that a criminal defendant's sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted. This outcome can make a partial acquittal in federal court into a pyrrhic victory.
