Publications
Greetings, Court Fans! We’re back with our final Update of OT22, covering a trio of decisions involving standing and challenges federal agencies’ authority: We’ll start with Biden v. Nebraska (No. 22-506) and Department of Education v. Brown (No. 22-535), two challenges to the Biden Administration’s student-loan forgiveness plan. In 2022, Secretary of Education Miguel Cardona […]
Greetings, Court Fans! We’re back today with summaries of four of the Court’s decisions from the last week of its OT22 term: We’ll be back tomorrow in what should be our last Update of the term to talk about a trio of cases involving standing and challenges to administrative agencies’ authority, specifically in the context […]
Partner Daniel Goren and Counsel Sean Koehler authored an article published in Issue 33 of Export Compliance Manager titled, “Largest-ever penalty ushers in new era of BIS enforcement.” Dan and Sean discuss the Department of Commerce’s Bureau of Industry and Security (BIS) decision to impose a $300 million civil penalty — the largest standalone administrative penalty in BIS history […]
Every month, the IRS publishes “applicable federal rates” (AFRs) and a § 7520 rate. These are the rates prescribed by the IRS for use by taxpayers for various intra-family transactions and estate planning vehicles. Importantly, these rates have steadily increased over the last few years. The July 2023 AFRs have been released. The current short-, […]
Greetings, Court Fans! In this installment, we bring you summaries of two cases that address accommodations for religious beliefs and practices without invoking either the Free Exercise or Establishment clauses of the First Amendment. In 303 Creative LLC v. Elenis (No. 21-476), a 6-3 Court held that the Free Speech clause of the First Amendment […]
Greetings, Court Fans! As promised last week, we’re back today with a summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College (No. 20-119), where a 6-3 Court held that Harvard’s and the University of North Carolina’s race-conscious admission policies violated the Equal Protection Clause. Given the case’s importance—to say nothing […]
Greetings, Court Fans! Today, the Supreme Court’s OT2022 term came to a close, with the issuance of its last three decisions: We’ll have more thorough coverage of these and all the rest of this week’s decisions soon, including a special Update thoroughly analyzing yesterday’s opinions in Students for Fair Admission, Inc. v. President and Fellows […]
Greetings, Court Fans! Today, on what is likely the penultimate day of the term, the Court issued three decisions, including one of the most watched cases of the term: That leaves just two cases before this term comes to a close, which we expect the Court will issue tomorrow: 303 Creative, LLC v. Elenis (No. […]
The Private Client Services team is pleased to share Part II of the “Estate Planning with Digital Assets” series. In the first part of this two-part series (click here to read), authors Vanessa Maczko and Beth Scharpf outlined terminology and concepts that estate planners must address with their clients to facilitate the ownership and transition […]
Partner Dean Fournaris and Counsel Robert Burstein authored an article in the Franchise Law Journal-Spring Edition titled, “The California FAST Act: Suspended but High Risk Remains Straight Ahead.” Dean and Bob discuss the California Fast Food Accountability and Standards Recovery Act that was originally due to come into effect January 1, 2023, its suspension pending […]
Following up on an advisory we published a year ago on LGBTQ+ Family Estate Planning (click here to read), and as many celebrate Pride Month during June, we offer this update on recent developments in state and federal laws that may have meaningful implications on estate planning strategies for LGBTQ+ individuals and couples. First, by […]
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 […]