News & Publications

On June 7, 2024, a petition for writ of certiorari was filed with the Supreme Court of the United States asking that it resolve a critical legal issue pertaining to the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)): "To act 'willfully' within the meaning of the ... Statute, must a defendant know that its conduct violates the law?" The petition was filed by a pharmaceutical company in connection with the matter United States ex rel. Adam Hart v. [...]

On June 13, 2024, The Supreme Court ruled in Starbucks v. McKinney that the National Labor Relations Board ("Board") must meet the same four-part test that other litigants must satisfy in order to obtain a preliminary injunction. This holding resolves a split amongst the circuit courts, some of which have applied a "less exacting" two-factor test to preliminary injunctions under Section 10(j) of the National Labor Relations Act ("NLRA"). The Court's Holding In 2022, employees at a [...]

Yesterday the Supreme Court issued an opinion in Vidal v. Elster, 602 U. S. ____ (2024), a case involving a plaintiff's attempt to register the trademark "Trump too small" (a reference to a key political issue in the 2016 Republican primary—the size of the former President's hands). The mark was rejected by the USPTO under the "names clause" of the Lanham Act, which prohibits registration of marks containing the name of a living person without that person's [...]