By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
As we’ve previously written , 28 U.S.C. § 1782 is a useful federal statute that allows overseas litigants to obtain discovery through U.S. federal courts for use in the overseas litigation. With respect to adjudication of...more
The federal statute 28 U.S.C. §1782 allows litigants in a foreign proceeding to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use has been...more
The federal statute 28 U.S.C. § 1782 allows discovery in the United States, under the broad US discovery rules, for use in a foreign proceeding. In light of Section 1782’s expanding use (which you can read about here) and its...more
Federal law provides a powerful tool for litigants engaged, or about to engage, in litigation in a foreign forum: 28 U.S.C. § 1782. The statute allows discovery in the United States, under the broad US discovery rules, for...more
The U.S. Supreme Court weighed in for the first time on a COVID-19 related issue that recently has divided federal and state courts: whether restrictions on religious gatherings during the pandemic can be constitutional. ...more
6/4/2020
/ Churches ,
Compelling Governmental Interest ,
Dissenting Opinions ,
Executive Orders ,
Free Exercise Clause ,
Governor Newsom ,
Injunctive Relief ,
Motion for Relief ,
Public Health Emergency ,
Re-Opening Guidelines ,
SCOTUS ,
Shelter-In-Place ,
Social Distancing ,
South Bay United Pentecostal Church v Newsom ,
TRO
As discussed in our prior updates, courts continue to hear challenges to the constitutionality and statutory validity of COVID-19-related restrictions and programs. PPP loans, restrictions on debt collection efforts, “stay at...more
As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more
4/27/2020
/ Ballots ,
CARES Act ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
E-Signatures ,
First Amendment ,
Freedom of Religion ,
Government Lockdown ,
Governor Wolf ,
Guidance Update ,
Inverse Condemnation ,
Just Compensation ,
Non-Essential Businesses ,
Paycheck Protection Program and Health Care Enhancement Act ,
Personal Protective Equipment ,
Political Campaigns ,
Political Candidates ,
Right to Peaceful Assembly ,
State of Emergency
The campaign of a political candidate and several small businesses jointly challenged COVID-19-related governmental measures, asserting that the Governor of Pennsylvania exceeded his statutory powers, and violated various...more
The US Copyright Office has exercised its authority under the CARES Act in an attempt to blunt the adverse effects of the COVID-19 pandemic on visual artists, musicians, and other content creators—along with the companies...more
4/6/2020
/ Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Coronavirus/COVID-19 ,
Intellectual Property Protection ,
Remedies ,
SCOTUS ,
Shelter-In-Place ,
Statute of Limitations ,
The Copyright Act
The Seventh Circuit issued a decision recently that eliminates an enforcement tool long used by the Federal Trade Commission (“FTC”)—the ability to obtain equitable monetary relief from defendants when the FTC challenges...more
The implementation date for the disclosure obligations triggered by the USDA’s final rule establishing a national standard for the disclosure of bioengineered ingredients in certain food products is January 1, 2020 for...more
5/7/2019
/ Agricultural Sector ,
Bioengineering ,
Deadlines ,
Disclosure Requirements ,
Exemptions ,
Final Rules ,
Food Labeling ,
Food Manufacturers ,
GMO ,
Regulatory Oversight ,
Regulatory Requirements ,
USDA
On May 3, 2018, the U.S. Department of Agriculture (“USDA”) released its much-anticipated proposed rule to establish a national standard for the disclosure of bioengineered ingredients in certain food products. ...more
6/7/2018
/ Advertising ,
Bioengineering ,
Disclosure Requirements ,
Food Labeling ,
Food Manufacturers ,
Genetically Engineered Seed ,
GMO ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Requirements ,
USDA
Seyfarth Synopsis: On March 22, 2017, the United States Supreme Court issued its opinion in the Star Athletica v. Varsity Brands, Inc. case, affirming and holding that “a feature incorporated into the design of a ...more
The old adage may hold that imitation is the sincerest form of flattery, but fashion designers are understandably dismayed when perfect replicas of their creative apparel are sold at deep discounts to lower-end markets soon...more