The court awarded no monetary damages or injunctive relief because the trademark owner failed to show any diversion of sales resulting from unauthorized use of the logo. The federal district court in Louisiana has concluded that while an organization that markets training programs to teachers and school districts improperly used a competitor’s “A+PEL” logo and trademark in violation of the Lanham Act, the court awarded no monetary damages or injunctive rel...
However, the record contained enough evidence, independent of the expert, to send a failure-to-warn claim to a jury. A federal district court in New York has excluded expert testimony in a products li...
Excluding men from a paid, employer-sponsored conference plausibly caused harm under Muldrow , the court found, and a candidate-pool-expansion rationale did not support dismissal. A federal district court in New Hampshire denied dismissal of a Title VII suit challenging a beverage bottler's decision to send only women to a two-day professional forum, concluding that the EEOC plausibly alleged that excluded male employees suffered cognizable harm. The agency identified three alleged harms: lost…
The defendants may opt for an initial trial on the issue of special committee members’ good faith. Cloudflare stockholders won a preliminary injunction against an allegedly unfair share reclassification. While conflicted transactions are protected by safe harbors recently added to DGCL Section 144, those safe harbors are predicated on good faith. Finding a good chance that the defendants will not be able to satisfy entire fairness if the safe harbors are unavailable, the Delaware Court of…
Federal agencies will be barred from using information technology products and services developed by Hangzhou DeepSeek Artificial Intelligence Co. Ltd. under an order due to be published in tomorrow’s Federal Register. The order from the Department of Homeland Security also requires the removal of any existing DeepSeek technology from civilian federal networks, effective immediately. The order, signed by Homeland Security Secretary Markwayne Mullin in July and appended to the Federal Register…
The extensive guidance clarifies eligibility of providers, the minimal content necessary for a disclosure report, and financial liability. The Office of Inspector General (OIG) supplemented preexisting guidance on the Provider Self-Disclosure Protocol (SDP) for healthcare fraud, specifying: (1) the providers and the conduct deemed eligible for self-reporting; (2) the information that must be included in a submission to the OIG; and (3) the OIG’s determination of settlement to resolve the…
A July alert urging banks to watch for fraud linked to student aid has been followed by the filing of nearly 100 suspicious activity reports, the Treasury said. The Treasury Department said its Financial Crimes Enforcement Network (FinCEN) has identified about $270 million in suspicious financial activity potentially linked to fraud against federal student aid programs and has referred the findings to federal investigators. “Federal student aid is intended to expand educational opportunities,…
The petition urges the Court to resolve an intra-circuit split of authority on an issue that can be outcome-determinative in patent eligibility cases. A patent holder is seeking Supreme Court review of an adverse Federal Circuit decision in its patent infringement case involving tools for designing semiconductor chips for computers. The petition for certiorari identifies an intra-circuit split of authority on the issue of patent eligibility under § 101 of the Patent Act that the Court should…
Sandoz's total settlement payouts in the generic pharmaceutical antitrust litigation cases brought by U.S. state attorneys general could top $1 billion. The federal district court in Hartford, Connecticut has granted preliminary approval to a settlement agreement between generic drug manufacturers Sandoz Inc. and Fougera Pharmaceuticals Inc. (collectively “Sandoz”), and a consortium of state attorneys general. The settlement requires Sandoz to pay a Total Settlement Amount of $400 million…
The court affirmed dismissal for “impossibility” preemption; however, amendment was not certainly futile because the estate made a presentation of newly acquired information forming a basis for a label change. A state law complaint about the labeling of Aimovig, an Amgen Inc. biologic drug, could not withstand Amgen’s affirmative defense of “impossibility” preemption, held the U.S. Court of Appeals for the First Circuit, in affirming dismissal. That Amgen could have proposed a different…
“Title VII, considering its remedial purpose, does not shield religious employers from liability for discrimination based on race, sex, or national origin even if the employment decision is also motivated by religious belief.” Affirming a district court’s judgments in favor of a gay IT analyst who sued Catholic Relief Services (CRS) under Title VII and the Maryland Fair Employment Practices Act (MFEPA) after it informed him that his husband’s enrollment in its dependent benefits program had…
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In this fourth edition of Ask the Arbitrator, several NAA members have been asked to share their perspective on a single case or aspect of a case. Labor arbitrators are often confronted with unique situations that can stimulate us...
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The Equal Employment Opportunity Commission (EEOC) has sued an employer for the second time alleging that it violated the Americans with Disabilities Act (ADA) when it rescinded job offers based on applicants’ use of certain medic...
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Jackson Walker partner Byron F. Egan offers a comparative look at board duties regarding business combinations. Texas corporation law expert Byron Egan continues a series of articles comparing key governance principles and selecte...
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Sanchez urged municipal entities to ensure that state and federal laws are followed regarding bonds issued by joint government entities of which they are a member. The SEC is concerned about relatively high default rates in certai...
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The power of AI (artificial intelligence) to generate inferences from data creates an enormous problem for privacy law, according to Daniel J. Solove, Bernard Professor of Intellectual Property and Technology Law at George Washing...
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Unintended actions by AI (artificial intelligence) agents should be reported to the federal government and affected organizations “as early as feasible,” according to guidance published Friday by the National Institute of Standard...
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The proposal would implement Medicare reforms addressing low-income drug cost sharing, Medicare Advantage provider-directory accuracy, and PBM compensation, transparency, and oversight requirements. CMS has proposed a set of Medic...
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Federal officer removal jurisdiction did not apply to Snapchat’s contracts with federal agencies because those contractual relationships were no different than Snapchat’s contracts with any other customers. The United States Court...
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The certified class consists of all importers of record who paid duties imposed by challenged tariff orders between February 1, 2025, and February 19, 2026, except for those entities that have filed separate recovery actions under...
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NAAHL estimated the proposed thresholds would leave more than 8.4 million additional people with thin community development-exam coverage and nearly 549,000 with none. In separate comment letters, the Independent Community Bankers...
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Zoom's Delaware incorporation, the patent owner's choice of forum, and heavier court congestion in California outweighed the convenience of litigating near Zoom's headquarters. Zoom Communications, Inc. must defend a seven-patent ...
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The claims arose from a potential cryptocurrency mining joint venture that later went awry. A California appellate court affirmed a summary judgment ruling for the defendant in a battle between two would-be collaborators in the cr...
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Common questions concerning class members’ exposure to the Tesla hardware statement and the applicability of the limitations defenses did not predominate over individualized questions, and the district court erred when it conclude...
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The supplement maker failed to show consumer deception or injury for most challenged marketing statements. The federal district court in Dallas, Texas granted in part and denied in part a defendant's motion for partial summary jud...
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. The manufacturer was not liable for a warning defect because the subject ladder was improperly installed despite warnings and instructions specifying the correct installation method. In an action brought against a ladder manufac...
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The products are part of a virtual challenge series. The Conqueror, of New Zealand, is recalling about 476 Avengers Infinity Gauntlet Medals because high-powered magnets can detach, posing a serious ingestion hazard to children. T...