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All Bets Are Off (or On): SCOTUS Strikes Down Federal Ban on Sports Betting

May 21, 2018 by Patrick Quinn

The Bottom Line The Supreme Court held 6-3 that federal law prohibiting states from enacting sports betting schemes was an unconstitutional "commandeering" of state law issues by the federal government. In striking down the prohibition, the Court paved the way for states to decide for themselves Continue Reading

Alert - May 21, 2018

New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act

May 16, 2018 by Patrick Quinn

The Bottom Line The New Jersey Supreme Court's recent holding is expected to eliminate no-harm class actions under the TCCWNA. Violations of the statute, unaccompanied by any injury to the consumer, will no longer be sufficient to support a claim. The need for class action plaintiffs to prove Continue Reading

Alert - May 16, 2018

Recent Cases Highlight “Digital Assets” As A New Frontier in Estate Planning and Litigation

May 1, 2018 by Patrick Quinn

The Bottom Line New York State's EPTL now includes a provision that clarifies how matters involving digital assets are handled in estate administration. The full scope of the Act’s implications has yet to play out, but digital assets will undoubtedly affect estate planning and litigation matters Continue Reading

Alert - May 1, 2018

No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action

January 16, 2018 by Patrick Quinn

The Bottom Line The Northern District of Illinois' practical approach to analyzing whether lack of consent gives rise to actionable harm under the TCPA, and whether this issue can truly be determined on a class-wide basis, may represent a significant victory for businesses that rely heavily on Continue Reading

Alert - January 16, 2018

Employee Relations Law Journal | Supreme Court Decision Upholds ERISA ‘Church Plan’ Exemption for Church-Affiliated Organizations

December 20, 2017 by Catherine Nagle

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Publication - December 20, 2017

Westlaw | State Interpretations of Copyright’s ‘Bundle of (Drum) Sticks’: The Dilemma of Pre-1972 Sound Recordings

September 13, 2017 by Catherine Nagle

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Publication - September 13, 2017

Intellectual Property Magazine | Trouble in Patent Troll Paradise?

August 31, 2017 by Catherine Nagle

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Publication - August 31, 2017

Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members

August 30, 2017 by Patrick Quinn

The Bottom Line Given the split among several courts of appeal, Petrobras will not be the last word on ascertainability in class action suits. Indeed, this fall, the U.S. Supreme Court will consider a petition for certiorari regarding the certification of a plaintiff class allegedly lacking Continue Reading

Alert - August 30, 2017

The Days of Patent Plaintiff Forum Shopping May be Over

May 23, 2017 by Catherine Nagle

The Bottom Line The Supreme Court’s decision in TC Heartland establishes that just having sold goods in the judicial district is now insufficient on its own to establish jurisdiction. Patent holders bringing suit must do so in either the judicial district where the defendant resides, or Continue Reading

Alert - May 23, 2017

“Nominative Fair Use” Defense May Enable Use of Another’s Trademark

April 11, 2017 by Patrick Quinn

4th Edition: Trends in Marketing Communications Law Certain third-party trademark uses can be deemed a "nominative fair use" that does not infringe another's trademark rights even in the absence of permission to use the other's mark. For example, "Our show will feature the GRAMMY AWARD® winning Continue Reading

Trends in Marketing Communications Law - April 11, 2017

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