In a definitive ruling settling the question of whether a term loan is a security, the Second Circuit Court of Appeals affirmed the District Court’s decision in the Kirschner Case that a term loan is not a security. Handed down in August 2023, this decision provides substantial legal direction for corporations and financial professionals around…
Legal professionals, particularly those involved in patent dispute cases, may find the recent development in the Incept LLC vs. Palette Life Sciences, Inc. case both interesting and potentially significant. The premise of the case revolved around the principles of “teaching away” and how the notion of “commercial success” is discerned in the patent law context….
University of Virginia Law Professor Joe Fore is currently pursuing an interesting line of research—exploring the impacts of formatting details, such as text size and font, on federal appeals court judicial opinions. Although seemingly minor, these aesthetic details may matter more than one might think. According to Professor Fore, the significance of this topic extends…
In a recent employee discrimination case, AutoNation’s protocol for utilizing electronic signatures on employment documents came under fire. The Fourteenth Court of Appeals determined that insufficient practices were in place, warranting an evidentiary hearing. The ruling demands a reassessment of how the company now needs to determine if their employee purposefully signed an arbitration agreement….
In what has been a significant awaited judgment, the US Court of Appeals for the Second Circuit affirmed a 2020 ruling by the US District Court for the Southern District of New York that widely syndicated term loans are not considered “securities”. This decision could have brought forth a new regulatory framework for syndicated lending…
On August 18, 2023, significant changes were made to employer liability in instances of disparate treatment, as decided in the Hamilton v. Dallas County case by the US Court of Appeals for the Fifth Circuit. This decision has expanded the circumstances for employer exposure under Title VII of the Civil Rights Act (“Title VII”). Preceding…
In a captivating legal resolution between two Catholic universities, the Massachusetts Appeals Court delivered a verdict addressing a fundamental question on land deeds. The decision is centered around the uncertainty of rightful ownership in scenarios where land deeds are recorded simultaneously and at the same locale. Ultimately, the court’s ruling favored Boston College in the…
In a reversal of long-held legal precedent, a Federal Appeals Court has overturned a stringent rule followed by courts in the Fifth Circuit, affecting the viability for employees to sue under Title VII for workplace discrimination. The full details of this remarkable shift can be explored in detail here. For years, employees intending to bring…
A legal case has caught considerable attention in the realm of First Amendment rights and social media platforms. Twitter user Rogan O’Handley, operating under handle @DC_Draino, challenges the California Government’s regulation over online content, arguing that it infringes his First Amendment rights. In 2018, to combat misleading information about voting and the electoral process posted…
The Mortgage Bankers Association and Housing Policy Council (MBA and HPC, collectively referred to as “the Associations”) recently filed an Amici Curiae brief backing the contentious position of Townstone Financial. The argument pertains to the scope of the Equal Credit Opportunity Act (ECOA) and is central to the ongoing case of CFPB v. Townstone Financial,…
In a strong legal stance, the U.S. Court of Appeals for the 10th Circuit issued a decision that reinforces long-standing federal protections. This decision primarily impacts employer and union-sponsored health plans, emphasizing their rights to design their own health benefit plans, including provider networks. Further pivotal to this judgement is the assertion that it is…
In a recent development that has captured the attention of legal professionals across the nation, the U.S. Court of Appeals for the Fifth Circuit has delivered a significant ruling in Hamilton v. Dallas County. Overturning nearly three decades of precedent, the court has altered a key requirement for Title VII claims. Previously, Title VII plaintiffs…
In a recent decision, the US Court of Appeals for the Eighth Circuit affirmed a lower court’s ruling that there was no actionable infringement where an uncompleted building, sold under the authority of a bankruptcy court, was later completed (Cornice & Rose International, LLC v. Four Keys, LLC et al., Case No. 22-1976 (8th Cir….
In a recent legal development clarified by the US Court of Appeals for the Federal Circuit, a ruling was passed addressing the inclusion of new evidence in petitioner replies during inter partes review (IPR) proceedings. The case in question involved Rembrandt Diagnostics, LP v. Alere, Inc., a dispute with far-reaching implications for how evidence is…
The landscape of the US legal system underwent a subtle but crucial shift following a recent decision by the US Court of Appeals for the Seventh Circuit. The event concerns an incident where a change in law led to the dismissal of a case, which thereafter posed an intriguing question – is a ‘prevailing defendant’…
In a significant legal development in the realm of contract law and trademark infringement, the United States Court of Appeals for the Fourth Circuit confirmed that disgorgement of profits is a suitable remedy in such cases. The decision involved two real estate companies sharing the same name and resulted in almost $43 million in profit…
In ongoing developments of the Georgia RICO case, attorney Ken Chesebro, one of 18 accused of participating in a conspiracy to undermine the 2020 presidential election, has demanded a speedy trial, asserting his right to be tried by the end of October 2023. Previously best known for earning a fortune through Bitcoin, the attorney made…
A Greek Orthodox priest who also manages a hedge fund has taken a unique approach in his free-speech struggle against the U.S. Securities and Exchange Commission (SEC) related to comments he made regarding a biotech company that he was shorting. Rev. Father Emmanuel Lemelson is being assisted by the New Civil Liberties Alliance in this…
In a recent litigation, the United States Court of Appeals for the Fourth Circuit faced the dairy dilemma of determining whether the term “gruyere” cheese is a mere generic term or if it has the right to be registered as a trademark within the United States. This forms an essential part of the ongoing contention,…
The Maryland Supreme Court has determined that the state’s waiver of sovereign immunity for tort actions under the Maryland Tort Claims Act (MTCA) does not include federal statutory claims. This conclusion was reached in response to a certifying question from the U.S. Court of Appeals for the Fourth Circuit. The root of this decision stems…
The U.S. Securities and Exchange Commission (SEC) is pushing for a federal appeals court to examine a question causing strife in the cryptocurrency industry: should its issuers be obligated to register under federal law? This issue of registration is central to the government’s stance against crypto trading and has been viewed as an enforcement tool…
In a compelling development, the recently suspended partner of Axiom Ince has taken his appeal to the High Court against what his counsel referred to as a ‘draconian’ decision by the Solicitors Regulation Authority (SRA). The senior partner’s lawyer mentioned that his client was ‘very shocked and distressed’ by this unexpected intervention from SRA. Unfortunately,…
The Maryland Supreme Court recently issued a tight 4-3 ruling, interpreting a former chief justice’s administrative COVID-19 orders about the scope of a 15-day extension. The court majority agreed that the order, issued by the prior Maryland Court of Appeals Chief Judge Mary Ellen Barbera, pertained solely to the period between March 16, 2020, and…
In a series of consolidated wrongful-death suits against a nursing home relating to COVID-19 complications suffered by residents during the pandemic’s outset, the Appellate Court of Illinois, Second District fielded a significant question. The court was asked to determine whether Executive Order No. 2020-19 offers “blanket immunity for ordinary negligence [claims] to healthcare facilities that…
The U.S. Court of Appeals for the Sixth Circuit recently sided with Kentucky Governor Andy Beshear, affirming the dismissal by a lower court of free-exercise claims against him. The case stemmed from the prohibition of in-person learning during the surge of COVID-19 transmission in the winter of 2020. A group comprising of churches, private religious…