On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion in Cunningham v Cornell University, addressing the pleading standard applicable to prohibited transaction claims under the Employee Retirement Income Security…
more
/ Civil Procedure, Labor & Employment Law
Federal Circuit Holds That the Preamble of Jepson-Style Claims Must Be Supported by an Adequate Written Description -
U.S. patent claims have a preamble, and, in most cases, the preamble is not limiting. Jepson-style patent…
more
/ Intellectual Property, Science, Computers, & Technology
On April 9, 2025, President Trump issued an Executive Order titled “Reforming Foreign Defense Sales to Improve Speed and Accountability.” This directive is the first Executive Order ever issued by a U.S. President on the foreign…
more
/ Government Contracting, International Law & Trade, Military Law
On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued a new interim final rule (new IFR) significantly limiting the scope of reporting required under the…
more
/ Administrative Law, Business Organizations, Finance & Banking
Today, April 8, 2025, the U.S. Department of Justice’s Final Rule restricting transfers of bulk sensitive personal data and U.S. government-related data becomes effective, implementing former President Biden’s Executive Order…
more
/ International Law & Trade, Privacy
Sometimes an expected result is still newsworthy. On March 27, 2025, in Kircher v Boyne USA, Inc., the Michigan Supreme Court held that there is no independent cause of action for breach of the implied covenant of good faith and…
more
/ Commercial Law & Contracts
As trade tensions rise, retaliatory tariffs are disrupting global supply chains—particularly in the automotive industry and other manufacturing sectors. These unexpected costs are sparking disputes over who should bear the…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade
Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. The United States Court of Appeals for the Eleventh Circuit’s recent decision in Various Insurers v. General Electric…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance
On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) significantly limited the scope of reporting required under the Corporate Transparency Act (CTA)…
more
/ Administrative Law, Business Organizations, Finance & Banking
On March 20, 2025, President Donald J. Trump signed an Executive Order (“EO”) titled “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to undertake all necessary…
more
/ Administrative Law, Constitutional Law, Education Law
For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade
Smith v. Commissioner, a pending research credit case in the United States Tax Court, presents an issue of first impression: Is a partner’s self-employment income in a partnership allowable as a qualified research expense only…
more
/ Business Organizations, Science, Computers, & Technology, Taxation
Starting today, March 17, 2025, new U.S. regulations impose sweeping restrictions on the importation and sale of connected vehicles (CV) and related components with ties to China and Russia…
more
/ International Law & Trade, Science, Computers, & Technology, Transportation
No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google (and its parent company,…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Constitutional Law, Privacy, Science, Computers, & Technology
The patent world tends to think that the Supreme Court’s framework in Alice is a template for determining the eligibility of software and business method inventions. Under 35 U.S.C. § 101, abstract ideas are not eligible for…
more
/ Intellectual Property, Science, Computers, & Technology