Federal Circuit Limits TTAB Authority in Reversal of Trademark Cancellation Decision

In a recent development, a divided panel of the Federal Circuit issued a precedential decision, reversing the United States Patent and Trademark Office’s (USPTO) cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). Details of this case have revealed a pivotal judgement concerning the power of the Trademark Trial and Appeal…

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Navigating Workplace Tensions Amid Israel-Hamas Conflict: Risks for Employers

The complex geopolitical dynamics underpinning the recent deadly conflict between Israel and Hamas is impacting the global workplace. Employers are being pressured to take a definitive stance on the issue, which invites the potential for workplace discord and possible litigation. Employees and supporters on both sides of the conflict have criticized companies for maintaining silence…

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Prominent Attorney Kenneth Chesebro Pleads Guilty in Georgia Election Interference Scheme

Today, established attorney Kenneth Chesebro pled guilty to a single felony count of conspiracy to file false documents at Fulton County Superior Court. The plea represents the conclusion to a months-long standoff with Fulton County District Attorney Fani Willis. Once a prominent appellate lawyer, Chesebro was involved in an elaborate design to replace legitimate electors…

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Navigating Washington’s Lobbying Landscape Amid Political Uncertainty

For the third consecutive quarter, Brownstein Hyatt Faber Schreck topped the charts in Washington’s lobbying sector, pulling in a robust $15.1 million in federal lobbying revenue – a point of pause for corporate legal professionals looking to navigate the nation’s capital’s power corridors. The firm’s impressive client list includes primary players such as Apollo Global…

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Merck, Glenmark Settle Zetia Antitrust Litigation for $70M, Including $23M in Attorney Fees

U.S. District Senior Judge Rebecca Beach Smith of the Eastern District of Virginia recently approved a $70 million settlement agreement between a class of drug purchasers and pharmaceutical giants, Merck & Co. and Glenmark Pharmaceuticals. This resolution came following allegations that these manufacturers deliberately delayed the arrival of a less costly generic counterpart of Zetia,…

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Healey Nominates Harvard Instructor, Defense Attorney for Massachusetts Judicial Vacancies

A pair of highly-esteemed legal professionals, encompassing both the realms of practice and academia, have been officially nominated by Gov. Maura Healey to fill critical judicial vacancies in Massachusetts. Treading the path from litigation and education to the mantle of judgeship, these individuals are set to bring their diverse experience and profound expertise to the…

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California Ends Automatic Stays in Litigation Proceedings Post Arbitration Denials: Impact and Implications

In a pivotal legal development, California has ceased the practice of automatically staying litigation when orders denying motions to compel arbitration are appealed. This change that came into effect on October 10, 2023, is due to the signing into law of California Senate Bill No. 365 (SB365) by Governor Newsom. As outlined by Ballard Spahr…

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Shareholder Activism: The Emerging Challenge to Corporate Diversity, Equity, and Inclusion Efforts

As companies enact measures to increase diversity, equity, and inclusion (DEI) in their workplaces, they face a growing new risk: shareholder activism. This activism, it seems, is evolving into a noteworthy tool employed in ever-increasing challenges to DEI policies. The activist measures appear in various forms – shareholder proposals, demands for books and records, and…

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Abbott Laboratories Faces Shareholder Lawsuit Over Contaminated Infant Formula Crisis

A consolidated shareholder derivative lawsuit against Abbott Laboratories has been filed in federal court, as a result of concerns over contamination at the company’s infant formula manufacturing facility in Michigan. This wide-ranging litigation, spanning 181 pages, was initiated by court-appointed lead plaintiffs, following the factory’s closure, which was deemed necessary after investigations by the Food…

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SEC Modernizes Names Rule to Enhance Transparency and Investor Protection in Registered Funds

The US Securities and Exchange Commission (SEC), known as the Commission, has implemented changes to Rule 35d-1 under the Investment Company Act, which oversees naming conventions for registered funds. These changes, commonly referred to as the Names Rule, have been enacted with the intention of modernising the rule and endorsing investor protection objectives. The key…

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Appellate Litigation Weekly Roundup: Ruling Out Midnight Filings, Redefining Cruel Punishment, and Reviving Child Porn Claims

As part of our ongoing effort to keep legal professionals up to date, this article presents a concise weekly roundup of key points from Howard Bashman’s How Appealing blog, a pioneer in web-based reporting on appellate litigation. In US legal news, a recent development signifies a step back from a proposal to limit midnight court…

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Kentucky Supreme Court Upholds Judicial Statements Privilege in Court-Ordered Arbitration Defamation Case

In a recent case, the Kentucky Supreme Court underscored the importance of the “Judicial Statements Privilege” in protecting participants in court proceedings from defamation lawsuits related to their statements made during such proceedings. This ruling sets a significant precedent and reinforces the jurisdiction’s commitment to uphold the rights of parties within court-ordered arbitrations. The lawsuit…

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Escalating Legal Disputes Over Job Data Scraping Set to Shape Digital Rules for Corporates and Law Firms

In recent years, a surge in demand for job listings, company reviews, and employment data is observed. This vital information is aggressively sought by recruiters, consultants, analysts, and employment-related service providers, among others. To obtain this, they often resort to web scraping – the method of extracting bulk data from websites. An example of such…

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Bankruptcy Attorney Diane Vuocolo Joins Ballard Spahr as Partner

Diane E. Vuocolo, an accomplished bankruptcy attorney, has recently joined Ballard Spahr as a partner in the litigation department and bankruptcy and restructuring group. Prior to joining Ballard Spahr, Vuocolo was associated with Greenberg Traurig, where she offered her expertise to clients in a range of legal matters such as corporate workouts, business reorganization, loan…

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Evaluating Algorithm Adequacy in Patents: Perspectives of Skilled Artisans Take Center Stage

In a recent case centred on computer-implemented means-plus-function limitations, the US Court of Appeals for the Federal Circuit reiterated an important judgement criterion. The said criterion dictates that if the specification discloses some arguable algorithm, its sufficiency including any allegations of inadequacy must be evaluated under the purview of the knowledge possessed by those skilled…

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