I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering … Continue Reading
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Benefit Corporationv. Wall Street.com, LLC (Fourth Estate), the Court resolved a long-standing split among the circuits over the requirement … Continue Reading
Recent focus on the United States Supreme Court has surrounded who President Trump will nominate to replace retiring Associate Justice Anthony Kennedy. (The nominee is Brett Kavanaugh of the D.C. Circuit.) However, once October is here, the 2018 Term begins and focus will shift back to the cases before the Court. One of those issues … Continue Reading