Entries tagged: supreme court

Supreme Court to Decide Whether Patent Holders Are Entitled to Royalties After Patents Expire

By: Lauren Kanter-Lawrence, Esq.

Posted: May 20th, 2015

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If a primary purpose of the patent system is to encourage innovation and the disclosure of new ideas, should patent holders receive royalty payments once their patents have expired?  The Supreme Court heard arguments on this question on March 31, 2015. The case stems from a Spiderman string-shooting toy for which Stephen Kimble obtained a […]

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United States Supreme Court Rules on the Accommodation of Pregnant Workers

By: Christine Malafi, Esq.

Posted: May 20th, 2015

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Last year, I wrote about the then-new pregnancy guidelines issued by the Equal Employment Opportunity Commission (EEOC), under the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), which apply to all employers with more than fifteen employees. While a “normal” pregnancy does not constitute a disability under the ADA, it is a […]

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Professional Licensing Boards Not Automatically Immune from Antitrust Litigation

By: Lauren Kanter-Lawrence, Esq.

Posted: March 18th, 2015

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Would you have your teeth whitened at the mall? Apparently, so many people were happily squeezing in teeth whitening on their shopping trips (as well as in other non-traditional venues such as salons and spas) that local dentists complained to the North Carolina State Board of Dental Examiners that they were losing patients to non-dentists […]

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Aereo Update: Case Volleys Back to Trial Court

By: Lauren Kanter-Lawrence, Esq.

Posted: November 24th, 2014

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This blog has previously reported on American Broadcasting Co. v. Aereo, a dispute between television broadcasters and a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” For around $10 a month, subscribers could record shows and watch live and recorded programming from their mobile devices. In June, finding that Aereo’s […]

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Broadcast Networks Prevail in Aereo Suit

By: Lauren Kanter-Lawrence, Esq.

Posted: August 22nd, 2014

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My January blog post reported that the Supreme Court had recently agreed to hear the case American Broadcasting Co. v. Aereo, focusing on the dispute between television broadcasters and Aereo, a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” Subscribers, who paid between $8 and $12 per month, could use […]

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Supreme Court Rules That Inherited IRAs Are Not Protected in Bankruptcy

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Posted: August 9th, 2014

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If you follow my blog, you know that I’m not much on spouting case law. But every so often a case comes along in the estate planning arena that’s worthy of passing along. In a unanimous decision on June 12, 2014, the Supreme Court of the United States, in Clark v. Rameker (June 12, 2014, No. […]

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Supreme Court Holds that Competitors May Bring False Advertising Claims Challenging Food and Beverage Labels Regulated by the FDA

By: Lauren Kanter-Lawrence, Esq.

Posted: June 10th, 2014

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Perhaps Coca-Cola should stick to soda. A unanimous Supreme Court held this month that competitors may bring false advertising claims under the federal Lanham Act – even if the challenge is to food and beverage labels regulated by the Food and Drug Administration under the federal Food, Drug, and Cosmetic Act (“FDCA”) (which prohibits the […]

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Delaware’s Bid to Offer Confidential Arbitration Heard by Sitting Judges

By: Lauren Kanter-Lawrence, Esq.

Posted: April 27th, 2014

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Delaware’s unique effort to offer private arbitration presided over by sitting judges to those who could afford it officially ended last month when the United States Supreme Court declined to hear arguments as to whether lower court rulings barring the program should be reversed. Delaware, which has long enjoyed a business-friendly reputation and whose Court of […]

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Supreme Court to Hear Case Challenging the Face of Broadcast Television

By: Lauren Kanter-Lawrence, Esq.

Posted: January 18th, 2014

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Just about the only thing that the broadcast networks and the founders of Aereo—a service that sells live television programming online—can agree on is that the technology will fundamentally change the broadcast network business. On January 10, 2014, the Supreme Court agreed to hear the dispute between television broadcasters and Aereo, a New York-based technology start-up […]

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Supreme Court Sharpens Focus on Arbitration and Class Actions

By: Lauren Kanter-Lawrence, Esq.

Posted: October 28th, 2013

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This blog previously explored the Supreme Court’s June 2013 decision in American Express Co. v. Italian Colors Restaurant, in which the Court validated the credit card company’s contract with merchants mandating arbitration and eliminating the possibility of a class action (a result Justice Elena Kagan memorably described as “Too darn bad”). Shortly before deciding the apparently […]

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