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Brad Kutner

Brad Kutner

Brad Kutner is part of the National Law Journal's D.C. Litigation team. Contact him at [email protected]. On Twitter: @BradKutner.

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March 22, 2023 | National Law Journal

SCOTUS Asked to Balance First Amendment and Confusion in Jack Daniel's Dispute

The dispute stemmed from a dog toy produced by VIP Products. A lawyer for the Tennessee whiskey label said that the parodist did " too much copying and not enough distinguishing."

By Brad Kutner

6 minute read

March 22, 2023 | Supreme Court Brief

Supreme Court Brief: International Trademark Confusion | New Litigation Trend?

Plus: The justices appeared divided in their first argument to wrestle with implications of cryptocurrency in an issue that has split the circuits.

By Avalon Zoppo | Brad Kutner

9 minute read

March 21, 2023 | National Law Journal

SCOTUS Ruling Opens Door to Monetary Damages in Civil Rights Fights Against Schools

"Maybe it'll be an additional incentive for education systems to do a better job educating children with disabilities," said Georgetown Law professor Brian Wolfman.

By Brad Kutner

4 minute read

March 21, 2023 | Supreme Court Brief

Supreme Court Brief: Justices Eye Water Rights | Who's at the Podium?

Plus: Jackson calls out her colleagues for what she views as too readily invoking 'Munsingwear vacatur' to cast aside lower court decisions.

By Brad Kutner | Avalon Zoppo

10 minute read

March 17, 2023 | National Law Journal

Experts Warn of Enforcement, Criminal Action Against SVB as Civil Cases Mount

While investigations are yet to be confirmed, SEC Chair Gary Gensler released a statement earlier this week that warned he was watching for anything unscrupulous in the wake of SVB's closure and federal takeover.

By Brad Kutner

4 minute read

March 17, 2023 | Law.com

Bench Report: Judges Are Removing Their Private Info From the Web + Why This Judge Is Writing Pro Se Summaries

This week, we're taking a look at a new practice cropping up in Colorado, where two judges are writing simplified summaries of their rulings for pro se plaintiffs.

By Brad Kutner | Avalon Zoppo

6 minute read

March 16, 2023 | New York Law Journal

Fourth Biden Nominee Confirmed to Judgeship in Southern District of New York

Jessica Clarke, previously the top civil rights lawyer in the New York attorney general's office, was confirmed to a seat on the Southern District of New York by a vote of 48-43.

By Brad Kutner

3 minute read

March 16, 2023 | National Law Journal

Federal Judges Got the Power to Remove Their Private Info From the Internet—And They're Using It 

The new program has arrived—and thrived—as members of Congress and the public have expressed concern about the federal government's efforts to remove information online and sought more accountability of the judiciary.

By Brad Kutner

6 minute read

March 15, 2023 | National Law Journal

Read the Document: SEC Responds in Fight Over Subpoena Seeking Covington's Client List

The law firm was asked by the agency for documents following a hack of the firm in 2020. While they complied with parts of the request, the firm refused to hand over its client list.

By Brad Kutner

3 minute read

March 14, 2023 | National Law Journal

Judicial Conference Asks for More Federal Judges at March Meeting 

"There hasn't been a new judiciary bill to add judgeships for about 30 years," said Eighth Circuit Court of Appeals Chief Circuit Judge Lavenski Smith

By Brad Kutner

2 minute read