Podcast: The Briefing by the IP Law Blog - Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character
The Briefing by the IP Law Blog: Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character
The Federal Circuit's recent decision in Recentive Analytics, Inc. v. Fox Corp. (April 18, 2025) has garnered a lot of attention. This is not surprising: It hits on hot topics such as machine learning, artificial intelligence...more
On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided a case of first impression regarding the intersection of patent claims directed to machine learning training and patentable subject matter...more
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...more
You’re spending your day off on Luna Pier beach in Monroe County, Michigan. You’ll swim in the morning, get lunch at Gander’s Family Restaurant, and rent jet skis in the afternoon. That morning, however, you wake up and...more
On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the...more
FirstCash, a national pawnshop chain, cannot use the “bona-fide error defense” in its defense of a Military Lending Act (MLA) suit filed by the CFPB against the company, a federal judge has ruled in a case of first...more
In a question of first impression, the Seventh Circuit joined the Second, Third, Fourth, Sixth and Ninth Circuits—and disagreed with the Fifth Circuit—and held that a party seeking certification of an issue class under Rule...more
The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public...more
On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
In April 2024, the United States District Court for the District of Massachusetts held in a matter of first impression that a borrower must allege actual damages to qualify for relief under the Real Estate Settlement...more
Class Action Fairness Act (CAFA) Jurisdiction. The Fifth Circuit held as a matter of first impression that the term “principal injuries” in the CAFA’s local controversy exception “qualitatively and comparatively evaluates the...more
Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more
A California state court of appeals, applying California law, has held that, as a matter of first impression, a provision in the California insurance code excluding insurance coverage for loss caused by an insured’s willful...more
In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more
Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality...more
The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more
The 6th Circuit Court of Appeals reversed a lower court decision and found that a single ringless voicemail (RVM) was enough to violate the TCPA. The district court determined that the plaintiff only received one RVM and...more
On April 4, 2023, in a case of first impression, the Federal Circuit reversed the Trademark Trial and Appeal Board (TTAB) and held that a trademark applicant cannot use the priority date of a prior application when the goods...more
As any parent knows, children say the darndest things. The other day, during bedtime, my three-year-old niece turned to her father unprompted and said, “I don’t want you to read me a story tonight. I want you to tell me when...more
Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more
The First Circuit gave defendant AthenaHealth something extra to celebrate this past holiday season when on December 21, 2022, in United States ex rel. Lovell v. AthenaHealth, Inc., it denied relators’ claims for over $1...more
In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more
On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under...more
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an author’s copyright lawsuit against Fox and the producers of ‘Empire,’ alleging one of the show’s characters was inspired by her...more