The recent decision in Securities and Exchange Commission v. Binance Holdings Limited et al (Binance) has cast further doubt on the Securities and Exchange Commission’s (SEC’s) pursuit of jurisdiction over stablecoins....more
On June 27, 2024, the United States Supreme Court issued a much-anticipated decision in Securities and Exchange Commission v. Jarkesy, holding that parties subject to an enforcement action brought by the U.S. Securities and...more
7/12/2024
/ Civil Monetary Penalty ,
Dodd-Frank ,
Enforcement Actions ,
Enforcement Authority ,
Government Agencies ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Seventh Amendment
In the span of two days, June 5 and June 6, 2023, the US Securities and Exchange Commission (SEC) commenced proceedings against the largest crypto asset exchange in the world, Binance.com; its affiliated US exchange,...more
6/14/2023
/ Coinbase ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptoassets ,
Investment Contract ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Trading Platforms ,
Unregistered Securities
On June 7, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties v. VIP Products, reversing the Ninth Circuit and holding in favor of the owner of the Jack Daniel’s whiskey brand. In a unanimous...more
6/12/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more
5/23/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Photographs ,
SCOTUS ,
The Copyright Act ,
Transformative Use
Under the Affordable Care Act, group health plans and health insurance issuers are required to provide health insurance coverage based on recommendations made by healthcare coverage professionals. The covered categories...more
On April 23, 2021, President Biden signed into law the “Ensuring Innovation Act,” which modifies section 505 of the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. § 355, by codifying the regulatory approach used by...more
A federal appeals court has issued a long-awaited decision rejecting a claim that anti-discrimination law requires a retail store’s website to be accessible to the disabled. Any company with a customer-facing website —...more
The sudden financial impact of the COVID-19 pandemic on consumers has led to calls for loan servicers and other interested parties to provide temporary or permanent relief for borrowers who are unable to continue making loan...more
During the 2018 midterm elections, Arkansas voters weighed in on Issue 4, a referendum to amend their state constitution to allow full-scale casino gambling. Voters approved the measure by an 8.2% percent margin....more
For the first time in decades, sportsbooks can now legally operate in every state that wishes to welcome the practice following the Supreme Court’s decision in May to strike down the Professional and Amateur Sports Protection...more
Earlier today, New Jersey won a sweeping victory in Murphy v. NCAA, a case challenging the constitutionality of the Professional and Amateur Sports Protection Act of 1992 (PASPA). As David Apfel and Brian Burgess recently...more
About a year after New Jersey’s Division of Gaming Enforcement implemented regulations for skill-based machine gaming, “video game slot machines” have finally made their entrance in Atlantic City, to mixed acclaim. Most of...more
On Wednesday, Governor Andrew Cuomo signed into law S. 8153, a bill authorizing daily fantasy sports (DFS) in the Empire State. The law requires DFS operators to register with the New York State Gaming Commission, pay a 15%...more
Case Background -
Brandeis University initiated disciplinary proceedings against a student, John Doe, who allegedly engaged in sexual misconduct with another student, J.C. The two students had been in a romantic...more
Barring congressional action, the future of sports betting in the United States lies in the hands of the U.S. Court of Appeals for the Third Circuit. Last month, the en banc court heard argument in NCAA v. New Jersey, No....more
The field is set, the brackets are in, and the players are ready. Welcome to March Madness, also known as America’s Least Productive Month. And much to the NCAA’s chagrin, it’s also peak gambling season—the American Gaming...more
Speed Read -
The Federal Circuit has granted an en banc rehearing in SCA Hygiene Products v. First Quality Baby Products to revisit whether and to what extent a patent owner’s unreasonable delay in filing an...more
How do you regild a city that’s lost its luster? Last month, the New Jersey Governor’s Advisory Commission on Gaming, Sports, and Entertainment released a report attempting to answer that question for Atlantic City. ...more