Publications
This client alert discusses the most significant changes in Connecticut cannabis law by virtue of the adoption of Connecticut Public Act No. 23-79, effective July 1, 2023, and approved on June 26, 2023. These changes include the following: (1) permitting product manufacturers to expand into food and beverage and vice versa; (2) removing the 14-month […]
Greetings, Court Fans! This morning, the Court issued decisions in three of the most closely watched cases of the term: That leaves just four cases to be decided by the end of the term on Friday. We’ll be back soon to summarize today’s three decisions, as well as to let you know about the outcome […]
Greetings, Court Fans! It’s been a busy couple days at the Court, with eight decisions issued in the last two days, nearly all of which were closely divided and came out in favor of the Court’s conservative wing: That leaves seven decisions to be issued next week, the last week of OT22. And among that […]
On June 11, 2023, Partner Robert Hoff and Associate Chloe Booth authored an article in the American Bar Association Litigation Section titled “Privilege, Work Product, and Kovel: An Update from Recent Case Law.” Robert and Chloe discuss the importance of attorneys and clients understanding the scope and elements of the attorney-client privilege and work product […]
Partners Paul Hughes and Evan Kipperman recently published an article in Law360 discussing the tradeoffs of corporate venture capital investments on both the investor and entrepreneur sides. They note, “One of the greatest advantages of the corporate venture capital investment is its ability to act as a low-risk vehicle for due diligence in advance of a much larger investment […]
Greetings, Court Fans! Hope you enjoyed a meaningful Juneteenth! We’re back with summaries of some of last week’s decisions: We’ll be back later this week to summarize the rest of last week’s bounty. We’re also expecting the Court to issue additional decisions this week on Thursday and Friday, so keep an eye out for a […]
The U.S. Supreme Court issued, on June 8, 2023, its decision in the much-watched Jack Daniel’s Properties, Inc. v. VIP Products LLC case (Case No. 22-148). The decision holds that the parody defense is not as all-encompassing as perhaps once believed, and that the Rogers test is not applicable in instances where a trademark is used as a […]
Greetings, Court Fans! The Court issued four decisions late last week, including one of the more significant, and surprising, of the term: Then, just this morning, the Court issued three more: We’ve got summaries of Allen, Jack Daniel’s, and Dubin for you today. And we’ll be back to talk about the rest in short order. […]
On June 12, 2023, Partner Jolie Apicella authored an article in the Journal of Health Care Compliance titled, “Examining the Risk of False Claims Act Enforcement on Private Equity Investment in Health Care.” Jolie discusses how enforcement authorities may evaluate partnerships between healthcare portfolio companies and private equity firms. To read the article, please see the PDF […]
Greetings, Court Fans! Three more decisions on Thursday as the Court nears the final push of OT22. Though the cases held differing political valences, each essentially clarified the standard for stating various claims in federal court: We’ll start with Glacier Northwest v. International Brotherhood of Teamsters, Local 174 (No. 21-1449), where the Roberts Court continued […]
Greetings, Court Fans! Hope you all had a great holiday weekend. We’re back with summaries of Thursday’s three decisions: We’ll start with Tyler v. Hennepin County (No. 22-166), where the Court held that the surplus proceeds from a tax-foreclosure sale belong to the delinquent homeowner, and therefore implicate the Fifth Amendment’s Takings Clause. Chief Justice […]
On May 26, 2023, Partner Jenny Chou authored an article in Hedge Fund Law Report titled, “Looking Beyond Blaszczak: Lessons for Hedge Fund Managers.” Jenny summarizes the history of the Blaszczak cases, identifies lessons from the litigation for hedge fund managers and posits several unanswered questions left in the wake of the latest decision. To read […]
Greetings, Court Fans! Thursday was another busy day at the Court, seeing the release of six (fine, five-plus) decisions: Let’s start with Andy Warhol Foundation v. Goldsmith (No. 21-869), where Justices Sotomayor and Kagan faced off over the meaning of “fair use” in copyright law and, in a real sense, what the case was actually […]
The Equal Employment Opportunities Commission (“EEOC”) updated its COVID-19 Technical Assistance in view of the declaration by the U.S. government that the COVID-19 public health emergency has ended. As the EEOC Chair announced, “The end of the public health emergency is an important milestone, and this will help employees and employers understand how the Americans […]
Greetings, Court Fans! After a month of inactivity, The Nine were back on Thursday with five new decisions, including a few biggies: First up is National Pork Producers Council v. Ross (No. 21-468), which may be the most significant Dormant Commerce Clause case in decades. It asks whether a California ballot measure that (allegedly) has […]
On May 12 2023, Medical Economics published an interview with Partner Jolie Apicella. In the interview, titled, “Private equity investment could lead to better health care, but expect more oversight as money pours in,” Jolie discusses what physicians should know about enforcement of private equity investors of medical practices. To read the article, click here.
On May 2, 2023, Partner Michael Kasdan and Consulting Counsel Takao Saito co-authored an article in The Patent Lawyer titled, “Developments in global SEP/FRAND litigation and licensing: the London High Court’s decision in InterDigital v Lenovo.” Michael and Takao discuss London High Court’s long-awaited decision mandating Lenovo to pay InterDigital a lump sum royalty payment […]
The Private Client Services team is pleased to announce the launch of the “Estate Planning with Digital Assets” series. In the first issue, Vanessa L. Maczko and Beth A. Scharpf discuss terminology that estate planners and their clients must understand to engage in conversations about digital assets in an estate planning context, as well as the necessary […]
On April 20, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that it had imposed a $300 million civil penalty — the largest standalone administrative penalty in BIS history — against Seagate Technology LLC of Fremont, California and Seagate Singapore International Headquarters Pte. Ltd. of Singapore (Seagate), for 429 violations of […]
Greetings, Court Fans! The Court was busy this week, with four new decisions to go along with one from last Friday. No wonder it extended the temporary “administrative stay” placed on the hot-potato mifepristone appeals from Wednesday evening to midnight tonight. As of press time, the Court has not issued a decision, so we’ll keep […]
Recently, in Dunn v. Northeast Helicopters Flight Services, L.L.C.,[1] the Connecticut Supreme Court relied on a largely unknown provision of Connecticut law to expand the narrow circumstances under which an at-will employee can invoke the common law doctrine of wrongful discharge in violation of a public policy to challenge his or her termination. The facts […]
This paper, presented in conjunction with the AIPLA 2023 Spring Conference panel, “Brand Protection in the Metaverse,” provides an overview of the challenges and opportunities to brand-owners afforded by the Metaverse, discusses both offensive and defensive intellectual property (IP) protection considerations relating to entering and taking advantage of the Metaverse while protecting against incursions that may harm […]
OVERVIEW In one of the most ambitious pieces of legislation to be passed in the modern era, New York City passed Local Law 97 in May 2019 [1], as updated most recently by the New York City Department of Buildings’ (the “Department”) adoption of Section 103-14 of Chapter 100 of Title 1 of the Rules […]
The Private Client Services team is pleased to announce the launch of the “International Estate Planning” series. In the first issue, authors Carolyn Reers and Mi-Hae Russo discuss the interconnectivity of living, working, and investing across borders and how it can lead to risks for trusts. To read more, click the PDF below.
The Court continued its slow drip of decisions in less-prominent cases this week with Wilkins v. United States (No. 21-1164), which addressed whether the limitations period for suits against the government under the Quiet Title Act is “jurisdictional” or not. But this time, the decision wasn’t unanimous, with six of the justices concluding the limitations […]
With educational expenses on the rise, planning for your children’s education while they are still young is usually advisable. Many families find that a “section 529 education savings plan,” or more commonly known as a “529 plan,” works well for this purpose, but there are potential pitfalls to 529 plans. In re Marriage of Daon […]
On March 27, 2023, Partners Joseph Casino and Michael Kasdan co-authored an article in the New York Law Journal’s Law.com titled, “Does AI Infringe IP Laws When It Uses Copyrighted Material for ‘Inspiration’?”. Their article examines how artificial intelligence uses other materials as a reference point and the infringement of copyright that displays. With the […]
Greetings, Court Fans! This week, the Court heard argument in a pair of interesting trademark cases: Abitron Austria GmbH v. Hetronic International (No. 21-1043), which asks whether U.S. trademark law applies to conduct in foreign countries; and Jack Daniel’s Properties v. VIP Products (No. 22-148), addressing just how much the First Amendment protects dog-poop jokes […]
The Federal Trade Commission (FTC) has announced its intention to ramp up enforcement of the Robinson-Patman Act (RPA), a Great Depression era anti-price discrimination law. Neither the FTC nor the DOJ has significantly enforced the RPA for several decades. This announcement marks a major shift in the enforcement landscape. Companies should work with counsel to […]
On March 6, 2023, Partner Michael Kasdan and Patent Agent Brian Pattengale published an article in Les Nouvelles March 2023 publication titled, “The Once thought Far-Off-In-The-Future Challenges To Copyright Law Posed By Artificial Intelligence Have Arrived: And I For One-Gulp-Welcome Out New Robot Overlords.” The article is a deep drive on the current state of […]