DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
The Dangers of Untimely Filings – What Employers Need to Know
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more
The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more
Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more
On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more
Addressing personal jurisdiction and forum non conveniens in a software licensing dispute, the US Court of Appeals for the Fourth Circuit upheld a district court’s exercise of personal jurisdiction over a Dutch entity and the...more
In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more
The US Court of Appeals for the Ninth Circuit again vacated the US District Court for the Central District of California’s dismissal of a case for lack of personal jurisdiction, applying Fed. R. Civ. Proc. 4(k)(2) and...more
This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...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
The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of...more
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
In February of 2018, the U.S. District Court for the Central District of California dismissed copyright infringement claims against Taylor Swift brought by a pair of songwriters. The songwriters’ allegations were that...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of judgment as a matter of law finding that the musical Jersey Boys did not infringe a copyright held in an autobiography of band member Tommy...more
The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more
The US Court of Appeals for the District of Columbia Circuit preserved discovery options for copyright owners fighting online piracy when it reversed the district court’s refusal to allow a subpoena of an alleged online...more
With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff...more
Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more
The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more
Addressing an issue of whether a letter exchange qualifies as a work for hire agreement under US copyright laws, the US Court of Appeals for the Second Circuit reversed and remanded the district court grant of summary...more
Addressing § 504(c)(1) of the US Copyright Act, which permits an award of statutory damages in lieu of actual damages for copyright infringement, the US Court of Appeals for the Seventh Circuit considered a question of first...more
Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more
The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more
The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more
On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the...more
Addressing the use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more