Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for Bank and Nonbank Consumer Financial Services Providers
Consumer Finance Monitor Podcast Episode: CFSA v. CFPB Moves to the U.S. Supreme Court - A Look at Constitutional Challenges to the CFPB’s Funding, with Special Guest GianCarlo Canaparo
Reflections on Sackett - Reflections on Water Podcast
Podcast: The Briefing by the IP Law Blog - The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
The Briefing by the IP Law Blog: The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]
Podcast: Supreme Court May Resolve Key ERISA Statute of Limitations and Proprietary Fund Litigation Questions
Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
The Copyright Act requires that an infringement action be brought, if at all, within three years of the accrual of the claim. This requirement often limits the period for which damages can be recovered. As a recent Supreme...more
The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before...more
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
The Supreme Court of the United States agreed to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the...more
On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more
The US Supreme Court is set to hear a case regarding fair use as it pertains to a photo of the universally known music artist, Prince. The nation’s highest court will hopefully clarify when and how artists can make use of the...more
Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. The high court granted a petition this week in Andy Warhol Foundation...more
On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more
The Supreme Court held that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act....more
The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more
In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the...more
Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more
On September 27, 2018, the Supreme Court of the United States granted certiorari in Oracle USA v. Rimini Street to resolve a split among the United States Circuit Courts of Appeals concerning costs awarded to a prevailing...more
The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright...more
Yesterday the United States Supreme Court announced that it was granting the petition for writ of certiorari in the copyright infringement case previously discussed on this blog. The case is Fourth Estate Public Benefit Corp....more
Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more
The issue the Supreme Court has agreed to decide involves how to separate the artistic elements of a product’s design from the useful or “utilitarian” elements. That distinction matters for copyright purposes, because to...more
The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more
Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more
Supap Kirtsaeng (“Kirtsaeng”) already has one precedential U.S. Supreme Court case under his belt, and on Friday, January 15, 2016, the Supreme Court decided to give him a chance at a second when it granted certiorari of...more