News & Analysis as of

Split of Authority Corporate Counsel Supreme Court of the United States

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

Manatt, Phelps & Phillips, LLP

The Supreme Court’s Landmark Decision in Facebook v. Duguid: Top Takeaways and Issues to Watch

On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or autodialer) under...more

Wyrick Robbins Yates & Ponton LLP

CUL8R TCPA: SCOTUS Delivers a BFD Opinion in TXT MSG Litigation Landscape

In a unanimous decision we sincerely hope was not a cruel April Fool’s Day gag, yesterday the United States Supreme Court ruled in favor of Facebook in a high-profile TCPA class action, drastically narrowing the definition of...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA

On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to what constitutes an "automatic telephone dialing system"—often referred to as an...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Hold Oral Argument via Teleconference in Facebook v. Duguid

December 8, 2020, the Supreme Court will hold oral argument via teleconference in Facebook v. Duguid, which concerns the proper interpretation of the TCPA’s definition of an “automatic telephone dialing system...more

Morgan Lewis

Facebook v. Duguid – US Supreme Court to Decide Crucial Issue Affecting TCPA Liability

Morgan Lewis on

Facebook v. Duguid heads for oral argument before the US Supreme Court on December 8. The case is set to clarify one of the most confusing aspects of the Telephone Consumer Protection Act’s text affecting TCPA liability...more

Blank Rome LLP

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

Blank Rome LLP on

Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls....more

Proskauer - Law and the Workplace

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day...more

Fisher Phillips

SCOTUS Sets High Bar For Those Bringing Race Discrimination Cases

Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation....more

Seyfarth Shaw LLP

SCOTUS Oral Argument Suggests SEC Disgorgement Will Survive—But Might Be Limited To Victim Compensation

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Tuesday, March 3, 2020, the Supreme Court heard oral arguments in Liu et al v. Securities and Exchange Commission, in what some thought would be a landmark case on the SEC’s power to seek disgorgement...more

Foley Hoag LLP - White Collar Law &...

Supreme Court Seems Poised to Limit But Not Eliminate SEC Disgorgement in Judicial Proceedings

On Tuesday, the Supreme Court heard oral argument in Liu v. SEC, which concerns whether, or to what extent, the SEC may ask courts to disgorge defendants’ ill-gotten gains. As I discussed in a previous post, disgorgement...more

Fisher Phillips

SCOTUS ERISA Ruling May Open Floodgates For Increased Lawsuits

Fisher Phillips on

In a unanimous decision, the Supreme Court just declined to limit the timeframe in which disgruntled employees could bring suit challenging the investment decisions made by plan fiduciaries. While the Employee Retirement...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

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

Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

Dechert LLP on

The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Womble Bond Dickinson

Supreme Court to Settle Standard for Obtaining Trademark Infringer’s Profits

Womble Bond Dickinson on

Trademark infringement plaintiffs have long argued that because actual damages in trademark infringement cases are often difficult to measure, receiving a cut of an infringer’s profits is in many cases the only meaningful...more

Snell & Wilmer

Supreme Court to Decide Two Trademark Cases

Snell & Wilmer on

The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more

Foley & Lardner LLP

Supreme Court May Give Brand Owners an Easier Path to Trademark Damages

Foley & Lardner LLP on

In a case that may have a major impact on trademark litigation across the country, the Supreme Court decided on June 28, 2019 to grant certiorari in Romag Fasteners, Inc., v. Fossil, Inc., et al., in which Romag has asked the...more

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Eversheds Sutherland (US) LLP

SCOTUS rules exhaustion of administrative remedies is not jurisdictional – Does it matter?

On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more

Benesch

Scotus Makes Defending Job Bias Claims More Difficult for Employers

Benesch on

On June 3, 2019, the Supreme Court of the United States affirmed a decision of the 5th Circuit Court of Appeals, which held that employers in discrimination claims can waive their right to assert that the Plaintiff failed to...more

Foley & Lardner LLP

What the United States Supreme Court Holding on EEOC Charges Really Means

Foley & Lardner LLP on

On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.”  Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

Sunstein LLP on

On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

Cooley LLP

Alert: Supreme Court Rules Copyright Owners Must Obtain Registration Before Suing

Cooley LLP on

On March 4, 2019, the Supreme Court held that copyright owners must wait to file an infringement suit until the Copyright Office has registered the work at issue. The decision in Fourth Estate Public Benefit Corp. v....more

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