Publications
Earlier this week, the First Circuit Court of Appeals ruled that Whole Foods’ ban on workers wearing Black Lives Matter face masks did not amount to race-based discrimination or retaliation. In this case, Frith v. Whole Foods Mkt., Inc., the plaintiffs sued after being sent home without pay or otherwise disciplined for wearing face masks […]
Greetings, Court Fans! On the penultimateday of OT21, the Court handed down two more decisions: Oklahoma v. Castro-Huerta (No. 21-429), holding that the federal and state governments have concurrent jurisdiction to prosecute crimes committed by non-Indians in Indian country; andTorres v. Texas Dep’t of Public Safety (No. 20-603), holding that states cannot invoke sovereign immunity […]
Greetings, Court Fans! While the world continued to react Friday’s decision in Dobbs, The Nine were back this morning with three more: In Kennedy v. Bremerton School District (No. 21-418), a 6-3 Court held that the Free Exercise and Free Speech Clauses of the First Amendment protected a high school football coach from being disciplined […]
On June 21, 2022, key provisions of the Uyghur Forced Labor Prevention Act (UFLPA) took effect. As a result, U.S. Customs and Border Protection (CBP) began to apply a presumption that all imports of goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (Xinjiang) of China, or by entities identified […]
Partner Michael Kasdan authored an article in Bloomberg Law entitled, “Don’t Write Off NFTs—They Will Be Around a Long Time.” The article discusses the risks of this emerging space, but also explains the range of potential applications for NFTs and why they are here to stay for the long term. To read more, click here.
Greetings, Court Fans! The Court returned today with two more decisions, including the biggest in decades: In Dobbs v. Jackson Women’s Health Organization (No. 19-1392), a majority of five justices overruled Roe and Casey, holding that the Constitution does not confer a right to abortion. On first glance, Justice Alito’s majority opinion largely tracks the […]
Greetings, Court Fans! As we previewed this morning, the day many have been dreading, and others eagerly anticipating, has arrived: The Supreme Court today overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), and expressly held that the Constitution does not confer a right to abortion at any stage of pregnancy. As expected, […]
The regimes of patent protection and trade secret protection, in many ways, rest on opposite foundational philosophies – whether to opt to disclose your invention and seek patent protection or keep things under wraps and opt for trade secret protection is an important early decision. Here is some practical information from our Trade Secret […]
Despite recent legislative advancements, including the 2015 historic Supreme Court decision in Obergefell v. Hodges to make same-sex marriage legal in all 50 states, lesbian, gay, bisexual, transgender and queer (LGBTQ+) individuals and their families still face unique challenges when ensuring their intentions and directives are respected and met, particularly after their death. Whether you […]
Greetings, Court Fans! As we predicted last week, it was only a matter of time before the Court started issuing decisions in some of this term’s big cases. And today, we got one of the biggest: In New York State Rifle & Pistol Association v. Bruen (No. 20-843), an ideologically divided 6-3 Court held that […]
Greetings, Court Fans! On Tuesday, the Court continued its quick pace through the rest of its docket, issuing decisions in five argued cases: In Carson v. Makin (No. 20-1088), a 6-3 Court held that Maine’s provision of tuition assistance only to “nonsectarian” schools violates the Free Exercise Clause; United States v. Taylor (No. 1459) held […]
Greetings, Court Fans! We’re back with the final four decisions of a busy week: American Hospital Association v. Becerra (No. 20-1114), where the Court rebuked the Department of Health and Human Services for its method of reimbursing hospitals for prescription drugs in 2018 and 2019 (but without rebuking its own beleaguered Chevron test); Viking River […]
The United States Patent and Trademark Office (USPTO) issued a new guide clarifying the examination evidentiary standard for marks refused for genericness.[1] The new guide lowers an Examining Attorney’s evidentiary burden for supporting a genericness refusal from a “clear evidence” standard to a “reasonable basis” standard.[2] The USPTO lowered an Examining Attorney’s evidentiary burden to […]
From Louis Vuitton to Gucci to Nike, leading brands are both leading the charge into the metaverse and defending their brands from incursions from it. Fashion brands have shaped markets and clothing trends for many decades, and it appears that this trend will continue as we move into the metaverse. Several luxury fashion giants are […]
Greetings, Court Fans! We’re back with summaries of three more of this week’s cases: Ysleta del Sur Pueblo v. Texas (No. 20-493), holding that Texas’s gaming regulations did not apply to an Indian Tribe’s gaming activities on Tribal land; Kemp v. United States (No. 21-5726), which holds that a district judge’s legal error is a […]
Greetings, Court Fans! As we’ve been harping on for the last few weeks, the Court’s OT21 term has crept along at a snail’s pace, with a nearly unprecedented number of cases yet to be decided this late in the term. But this week, the Court took a huge leap forward, issuing 11 (well, maybe 10.5) […]
On June 11, 2022, Partner Maureen Weaver and Counsel Megan George’s article titled, “Health Cos. Can Challenge Medicare Advantage Org Delays,” was published in Law360. The article discusses a recent report from the U.S. Department of Health and Human Services Office of Inspector General. The report, “sparked a call to action to curb questionable tactics […]
Amazon Sellers know that Amazon’s immense e-commerce platform has tremendous benefits, but they are also all too familiar with its hard-to-navigate downsides. On the pros side, the Amazon online marketplace is a truly transformative platform in terms of allowing sellers to easily reach and sell their products to a massive global customer base. Product sellers […]
Greetings, Court Fans! Just like we promised, we’re back to talk about Egbert v. Boule (No. 21-147). As Court watchers like you likely know, in Bivens v. Six Unknown Federal Narcotics Agents (1971), the Court authorized a damages cause of action against federal officials for alleged violations of the Fourth Amendment, parallel to the cause […]
Connecticut has amended its credit card surcharge law, effective as of May 24, 2022, that imposes important disclosure requirements in order for companies to offer discounts to customers who choose to pay in cash rather than by credit card. [1] What is a Surcharge? A surcharge is “an additional charge or fee that increases the […]
Greetings, Court Fans! With just four weeks to go before the end of the Court’s term and nearly three dozen cases yet to be decided, it’s going to be a busy June at One First Street. But this week, the Court took some small steps toward working through the remaining cases, issuing decisions in four […]
On June 6, 2022, the U.S. Supreme Court issued a unanimous decision holding that notwithstanding the arbitration clause in her employment contract, a ramp agent supervisor who was frequently required to load and unload cargo from airplanes for cross-country travel is a member of the “class of workers” engaged in interstate commerce so as to […]
Greetings, Court Fans! Two decisions to report this week, which illustrate the spectrum of accord and division among The Nine, depending on subject matter. In Shinn v. Martinez Ramirez (No. 20-1009), a bitterly divided Court ruled (6-3 on ideological lines) that the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) precludes federal habeas courts […]
In an opinion issued on June 1, 2022, the U.S. Court of Appeals for the Seventh Circuit, in Ziccarelli v. Dart, clarified that employers can unlawfully interfere with an employee’s rights under the Family and Medical Leave Act (“FMLA”) even without formally denying a leave request. The plaintiff in this case, Salvatore Ziccarelli, was employed […]
Partner Michael Kasdan authored an article in Law.com’s The National Law Journal entitled, “NFTs: What Lawyers Need to Know to Help Clients Navigate This Emerging Space.” The article provides background on NFTs for business people, lawyers and advisers to understand NFTs from a legal perspective and discusses some key take-aways on the legal side. To read more, click here.
If you are considering a transfer of wealth, then you must consider obtaining a proper valuation to go with it. In the recently issued Chief Counsel Memorandum 202152018 (the “CCA”), the IRS held that a taxpayer’s valuation of assets contributed to a grantor retained annuity trust (a “GRAT”) was inadequate and, as result, the GRAT […]
On May 23, 2022 the U.S. Supreme Court issued a unanimous decision ending a decades old practice among Circuit Courts of Appeal to create arbitration-specific federal procedural rules. In Morgan v. Sundance, Inc. (No. 21-328), the Court held that the Federal Arbitration Act (“FAA”) does not authorize federal courts to tailor bespoke procedural rules for […]
Greetings, Court Fans! Two more decisions this week as we round the bend to the final stretch of OT21. In Federal Election Commission v. Ted Cruz for Senate (No. 21-12), the Court struck down another section of the Bipartisan Campaign Reform Act of 2002 (BCRA), concluding that limitations on how and when a campaign may […]
The Treasury Department recently released its Greenbook outlining the Biden Administration’s desired changes to the current tax code. The changes are ambitious and reflect the administration’s focus on both evaluating and addressing untapped assets held by wealthy taxpayers. To read this advisory in its entirety, click the PDF below.
On May 10, 2022, Connecticut Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” (also known as the Connecticut Data Privacy Act (CTDPA)) making Connecticut the fifth state to pass a comprehensive data privacy law, along with California, Virginia, Colorado and Utah. The new law goes into effect on July 1, […]