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The Supreme Court of the United States recently considered whether portions of the Lanham Act that relate to trademark infringement can be applied to conduct that takes place outside the United States.

V&E IP Update

July 5, 2023
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Insight

On January 13, 2023, the Supreme Court granted certiorari in two consolidated cases from the Seventh Circuit to consider whether a defendant relying on an objectively reasonable interpretation of an ambiguous law acts “knowingly” in violation of the False Claims Act (“FCA”).

February 13, 2023
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Insight

In its June 25, 2021 decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the Supreme Court rejected the central holding of a January 2020 decision by the U.S. Court of Appeals for the Tenth Circuit that would have rendered almost all small refineries categorically ineligible for an exemption under the federal Renewable Fuels Standard program (RFS).

V&E Environmental Update

July 13, 2021
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Insight

Two separate, recent lines of cases have continued to shape the circumstances under which insider trading prosecutions can be brought, and as a result, the insider trading compliance risks faced by companies. First, the Supreme Court recently denied certiorari in United States v. Kosinski, which held that it can be an insider trading violation for independent contractors to trade stocks based on information made available to them while subject to a confidentiality agreement.

June 17, 2021
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Insight

The Computer Fraud and Abuse Act (“CFAA”) was designed to stop hacking and other forms of cybercrime.

V&E Government Investigations Update

June 8, 2021
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Insight

On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act.

April 29, 2021
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Insight

Last week, the Supreme Court of California issued a landmark decision finding that both state and federal constitutional law principles require judges to consider whether an arrestee can actually pay an amount fixed for money bail.

A version of this insight was published by Thomson Reuters Westlaw, April 16, 2021

April 5, 2021
Insight
Insight

A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even reasonable suspicion — presents various data-security challenges for companies and organizations of all sizes.

February 18, 2021