11.18.2024Third Circuit Clarifies Procedural Roadmap to Compel ArbitrationFacing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration. The Third Circuit Court of Appeals recently clarified how to do so in the District Courts in that Circuit (New Jersey, Delaware and Pennsylvania), correcting what the Court admitted was “a misstep we caused” in a prior decision.
06.17.2024Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the FutureLast week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First Amendment right to free expression. Although the Justices were unanimous in the ultimate result, they disagreed dramatically as to why, ultimately providing little guidance for future cases.
08.23.2022New Jersey Appellate Division Says Farewell to Courier New in Court Rule UpdatesOn August 5, 2022, the Supreme Court of New Jersey released amendments to the Court Rules governing practice in New Jersey’s state courts, which will take effect on September 1, 2022. We highlight two of the main changes in the new rules that impact commercial litigation.
03.28.2022New DOJ Guidance on ADA Web Accessibility Leaves Unanswered QuestionsOn March 18, 2022, the Department of Justice (DOJ) published web accessibility guidance under the Americans with Disabilities Act (ADA). The ADA is a federal civil rights law that prohibits discrimination against people with disabilities and guarantees that people with disabilities have the same ability as everyone else to enjoy opportunities, goods, and services. Although the new Guidance establishes the DOJ’s intentions to ensure websites are accessible to all, it leaves several unanswered questions on exactly how businesses and governments are to stay in compliance with the ADA.
06.29.2021The Supreme Court Says, “The NCAA is not above the law.” Will College Athletes Get Paid To Play?In a long awaited decision, the U.S. Supreme Court ruled unanimously this week in National Collegiate Athletic Association v. Alston et al., that the NCAA violated the antitrust laws in limiting the education-related benefits colleges and universities can offer student athletes. The case involved a broader challenge by current and former NCAA Division I student athletes, to rules on student-athlete pay imposed by the NCAA.
06.07.2021Supreme Court Narrows Liability Under the Computer Fraud and Abuse ActLate last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in Van Buren v. United States resolved a split among lower courts limiting both civil and criminal liability under the Computer Fraud and Abuse Act (CFAA), a statute that prohibits individuals from “intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing]…information from any protected computer.”
05.10.2021N.J. Supreme Court Revives Register Receipt Class ActionLast week, the New Jersey Supreme Court decided in favor of putative class members, taking a permissive approach to class certification at the early stages of litigation.
04.23.2020Supreme Court Agrees to Decide Scope of Computer Fraud and Abuse ActAlthough this case involves a criminal prosecution, the decision will implicate the ability of companies to bring civil cases in federal court against employees and former employees that improperly access company data for improper purposes. The CFAA has been an important tool for companies to enforce the confidentiality of data in their computer systems and has become increasingly important as more and more confidential data is electronic.
03.17.2020Contract Liability in the Wake of the Novel Coronavirus (COVID-19)The worldwide spread of COVID-19 has presented real-world complications to people and businesses with ongoing obligations that are becoming increasingly difficult to meet in the face of quarantines, travel restrictions and the like. Because our firm’s litigators and transactional attorneys have been receiving so many inquiries lately about legal issues and potential defenses which may apply to current and future commercial contracts, the following are key issues to bear in mind.
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