2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021. Fallout From Fossil: Influx of Profits Awards? The Supreme Court's recent decision in Romag Fasteners Inc. v ...
Ever since the latest Law on Enforcement and Security entered into force on the 1stof July, 2016, an issue arose over the wording and scope of Article 48, dealing with how creditors acquiring claims can initiate enforcement. The main idea behind this new law was to make it easier for creditors to collect claims ...
On August 26, the United States Circuit Court of Appeals for the Fourth Circuit held that a Virginia School Board’s restroom policy constituted sex-based discrimination in violation of the Equal Protection Clause, and transgender people constitute a quasi-suspect class, entitling them to greater constitutional protections. Moreover, the court also held that the restroom policy violated Title IX, because it discriminated on the basis of sex in a public school setting ...
We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series ...
We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series ...
We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series ...
The Trans-Pacific Partnership, or TPP is a free-trade agreement among the members: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States.On Nov. 5, the full text of the TPP trade agreement was released to the public for the first time. While, as reported, an agreement on the TPP was reached Oct. 5, each of the members must still enact it.An important component is the chapter on investments, which protects investors ...
The Trans-Pacific Partnership (“TPP”) is a free-trade agreement among Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States (the “TPP Members”). While, as reported, an agreement on the TPP was reached on October 5, 2015, each of the TPP Members must still enact the TPP. On November 5, 2015, the full text of the TPP trade agreement was released to the public for the first time ...
[!<CDATA[ Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), particularly in putative class actions that allege bare statutory violations unaccompanied by actual harm ...
On December 14, 2021, Treasury issued an important update to its guidance on use of CARES Act funds. Currently, there is a deadline of December 31, 2021 to spend CARES Act funds on eligible expenses. While Congress is considering legislation that would extend that deadline to December 31, 2022, there is no assurance that legislation will pass ...
In the slipstream of the general Belgian, European and global economies, 2010 will be qualified as ayear of slow and prudent transition for Belgium’s real estate market. After a correction process in 2008-2009, the Belgian real estate market is showing signs of recovery, and the appetite for investments appears to be increasing ...
South Africans’ recent celebration of Freedom Day signalled 27 years of democracy. Through democracy, our Constitution further brought us rights and obligations to guide our rainbow nation, including freedom of expression and environmental rights to protect our environment, health and well-being while focusing on the sustainability of our environment. Although clothing serves a function and a need, for many, luxury clothing is the gold standard of self-expression and success ...
The Trump Administration has signaled its intent to roll back the scope of federal jurisdiction under the Clean Water Act in an Executive Order issued on February 28. The Executive Order directs U.S. EPA and the Corps of Engineers to consider rescinding or revising the "Clean Water Rule," which defines when the Clean Water Act applies to wetlands, ponds, intermittent streams, and other water bodies that have a "significant nexus" to "navigable waters ...
Australia's Federal Court finds in favour of Nine newspapers against Ben Roberts-Smith. The judgement is a win for investigative journalism and the public’s right to know. Defence was lead by Peter Bartlett, MinterEllison. Nine newspapers’ victory in the Ben Roberts Smith vs Nine defamation case strengthens a core principle of journalism, and key tenant of democracy, which is the public’s right to know ...
Deciding what happens to employees in a TUPE transfer where there is more than one transferee is never straightforward. However, developments in this area continue to add complexity to the situation, adding cost and uncertainty to employers. Recent developments In the recent case of McTear Contracts Ltd v Bennett & ors the EAT looked at a situation where there were two transferees in the context of a service provision change ...
A decision of the Court of Justice of the European Union (CJEU) in 2011 appeared to limit the options for large television companies seeking to prevent unlicensed viewing. It was held in that case, involving the Football Association Premier League Ltd, that the use of foreign decoders to broadcast Sky television in public places could not be prevented because of EU competition rules ...
Design of the Models Taiwan law provides for two models for private parties to participate in governmental infrastructure projects. One is the model under the Government Procurement Act (“GPA Model”) and the other is the Public-Private Partnerships Law (“PPP Model”). The most significant difference between the two models lies in the funding entity ...
On June 17, the Supreme Court declined to overturn the Dual Sovereign Doctrine, maintaining individuals may be prosecuted under both federal and state law for the same criminal conduct. The Court’s decision was a loss for Petitioner Terance Martez Gamble, who had been prosecuted twice for illegal possession of a firearm, first in state court and then in federal court. In 2008, Gamble pleaded guilty to felony robbery in the state of Alabama ...
Advocate General Sharpston has recently expressed her opinion in the Commission v Republic of Finland case that ensuring a sufficient degree of transparency for the award of sub-threshold procurements should be determined by national law, rather than Community law. If these views were to be followed by the ECJ, it would provide renewed impetus to create national rules on low value awards and represent a meaningful evolution of the ECJ's past case law ...
Analysis: United States ex rel. Druding v. Care Alternatives, Inc. (3rd Circuit) • Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc. (9th Circuit) In recent decisions this month, the Third and Ninth Circuits reversed defense victories predicated on the “objective falsity” standard under the False Claims Act (FCA). See United States ex rel. Druding v. Care Alternatives, Inc., No. 18-3298, 2020 U.S. App. LEXIS 6795 (3d Cir. Mar ...
Key Points SB 343 regulates use of “chasing arrows” recycling symbol; AB 1201 extends composting regulations to all products including home compostable claims. Food manufacturers face public and private enforcement risks. SB 343 – Truth in Labeling for Recyclable Materials SB 343 amends existing law that makes it unlawful to use any misleading environmental marketing claims on product packaging. Specifically, SB 343 amends Public Resources Code Section 42355 ...
U.S. Court of Appeals for the District of Columbia Circuit Finds that Student Who Was Abused Multiple Times by Fellow Students Was Entitled to Multiple Per-Claim Limits Because Each Assault Was a Separate “Claim”.In Essex Insurance Co. v. Doe, No. 06-7163, 2008 U.S. App. LEXIS 94 (D.C. Cir. Jan ...
On January 1, 2024, regulations implementing the Corporate Transparency Act (“CTA”) became effective, triggering new reporting obligations for many entities conducting business within the United States ...
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced a temporary policy on its enforcement of environmental obligations during the COVID-19 pandemic. Many facilities are experiencing unexpected constraints arising from the pandemic, including limited availability of key staff, contractors, and laboratories ...
