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The United States Supreme Court issued a flurry of high-profile opinions in recent weeks, including an important First Amendment decision involving school funding… The United States Supreme Court issued a flurry of high-profile opinions in recent weeks, including an important First Amendment decision involving school funding. In Carson v. Makin, 596 U.S. ____ (2022), the […]

Justice Clarence Thomas is the latest to voice concerns about the continued federal criminalization of marijuana… Justice Clarence Thomas is the latest to voice concerns about the continued federal criminalization of marijuana. “A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” […]

The U.S. Supreme Court is poised to decide the fate of the much-debated doctrine of assignor estoppel... The U.S. Supreme Court is poised to decide the fate of the much-debated doctrine of assignor estoppel. The doctrine at the heart of Minerva Surgical Inc. v. Hologic Inc. prohibits inventors who sell their patent rights from challenging […]

The U.S. Supreme Court has agreed to consider a closely-watched case involving liability under CERCLA The U.S. Supreme Court has agreed to consider a closely-watched case involving liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The questions in Guam v. United States involve the interaction between cost recovery claims under CERCLA section […]

The U.S. Supreme Court’s decision in Liu v. Securities and Exchange Commission can be viewed as a King Solomon-esque exercise in “splitting the baby”… These restrictions are intended to ensure that the SEC’s use of disgorgement conforms to traditional equity principles and is not punitive by imposing liability on individual participants in excess of net […]

In a landmark trademark decision, the U.S. Supreme Court held that Booking.com was entitled to federal trademark protection In a landmark trademark decision, the U.S. Supreme Court held that Booking.com was entitled to federal trademark protection. In so ruling, the Court rejected the rule proffered by the U.S. Patent and Trademark Office (USPTO) under which […]

The Supreme Court held in County of Maui, Hawaii v. Hawaii Wildlife Fund et al.that permits are required under the Clean Water Act (CWA) when there’s a “functional equivalent of a direct discharge.” By a vote of 6-3, the Supreme Court held in County of Maui, Hawaii v. Hawaii Wildlife Fund et al. that permits […]

2020 is poised to be a big year for intellectual property law… With several important cases at the U.S. Supreme Court and others working their way to the country’s highest court, 2020 is poised to be a big year for intellectual property law. Below is a brief summary of several cases our IP attorneys will […]

The U.S. Supreme Court’s decision in Rotkiske v. Klemm clarifies when businesses can face lawsuits for alleged violations of the Fair Debt Collections Practices Act (FDCPA) The U.S. Supreme Court’s decision in Rotkiske v. Klemm clarifies when businesses can face lawsuits for alleged violations of the Fair Debt Collections Practices Act (FDCPA). By a vote […]

County of Maui v. Hawaii Wildlife Fund SCOTUS case will determine whether the Clean Water Act (CWA) regulates pollution that reaches surface water via groundwater… The U.S. Supreme Court recently heard oral arguments in County of Maui v. Hawaii Wildlife Fund. The closely-watched environmental law case will determine whether the Clean Water Act (CWA) regulates […]

The Federal Government is Looking to get Back in the Business of Regulating Sports Betting… The federal government is looking to get back in the business of regulating sports betting in the wake of the U.S. Supreme Court striking down the Professional and Amateur Sports Protection Act (PASPA). The Sports Wagering Market Integrity Act of 2018 […]

The U.S. Supreme Court’s decision that class-action waivers in workplace agreements are lawful is not the end of the story. Next term, the justices will address a related issue that could also impact millions of employment agreements. The issue in Lamps Plus, Inc. v. Varela is whether arbitration clauses that are silent about class arbitration can be interpreted to allow it.