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New Jersey Law Journal

'Waive' Goodbye: Developments in Patent Litigation

In recent years, defendants in patent litigation have made gains in the courts.
7 minute read

New Jersey Law Journal

In 'Slants' Case, Court Correctly Rejects Disparagement Clause

With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.
7 minute read

New York Law Journal

SCOTUS Limits Criminal Forfeiture in 'Honeycutt'

Steven L. Kessler writes that with the enactment of the Civil Asset Forfeiture Reform Act of 2000, Congress sought to steer federal prosecutors to criminal forfeiture over civil, believing that the risk of abuse would be reduced because a criminal conviction is required before a defendant's property can be forfeited. Unfortunately, it turned out that greater reliance on criminal forfeiture increased abuses in that area as well. The Roberts-led Supreme Court hinted at some dissatisfaction with the state of criminal forfeiture law in recent decisions, but the rifle shot came in its June 5 decision in 'Honeycutt v. United States'.
14 minute read

Supreme Court Brief

From Private Practice to Gorsuch Clerk to Senate Staff: A Denver Lawyer's Career Whirlwind

In less than a year, Michael Davis went from managing a two-lawyer firm to clerking for Justice Neil Gorsuch to screening judicial nominations for Senate Republicans. "I'm glad I did it," Davis said in a recent interview, "but it's not something that I sought.”
5 minute read

The Recorder

Robins v. Spokeo, Inc.

9th Cir.; 11-56843 The court of appeals reversed a judgment and remanded. The court held that allegations regarding the posting of a materially false…
2 minute read

National Law Journal

Hogan's Katyal Aims to End the Death Penalty in Arizona SCOTUS Case

A Hogan Lovells team is asking the court to decide whether "the death penalty in and of itself violates the Eighth Amendment." A sharp drop in death sentences and executions makes capital punishment "rare and freakish," the brief contends.
3 minute read

Corporate Counsel

Reflections on Kokesh v. SEC

In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
16 minute read

Daily Business Review

Army Corps' Legal Brief Gives Input in Florida-Georgia Water War

The U.S. Army Corps of Engineers, a key player in Florida's decades-old legal fight with Georgia over water flow in the Apalachicola River, has weighed into the pending case before the U.S. Supreme Court.
4 minute read

Supreme Court Brief

Why Top Advocates Are Ghostwriting SCOTUS Briefs

The practice of ghostwriting briefs in opposition to a grant of certiorari has been getting some attention this summer. We took an informal poll to see how common it is for lawyers to omit their names from briefs—and to ask if the long-standing practice is ethical.
16 minute read

National Law Journal

Wells Fargo's Whistleblower Problem Could Grow Substantially

Two weeks after being ordered to reinstate a branch manager fired for raising concerns about improper sales practices, Wells Fargo & Co. has…
5 minute read

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