Litigation, Intellectual Property, and Free Speech & Election Law Practice Groups Teleforum
Can the government police speech it thinks is offensive, even when members of the group the government seeks to protect disclaim any offense? Section 2(a) of the Lanham Act allows the government to deny trademark registration to "disparaging" speech. On Wednesday, January 18, the Supreme Court will hear oral argument in Lee v. Tam, a case challenging the constitutionality of this statute.
In Lee, an Asian-American rock band called “The Slants” was denied trademark registration after the Patent and Trademark Office found the trademark disparaging to Asians. A panel of the U.S. Court of Appeals for the Federal Circuit affirmed the decision. But the en banc Federal Circuit—without being asked—decided to vacate that decision and consider whether § 2(a) violates the First Amendment. The full Federal Circuit ultimately reversed the panel decision. The federal government then asked the Supreme Court to weigh in.
Is the Court likely to affirm the Federal Circuit decision striking down the disparagement clause as violative of the First Amendment? And what will be the implications if it does? Megan Brown and Dwayne Sam of Wiley Rein LLP attended the oral arguments and offered their impressions and predictions during this Courthouse Steps Teleforum conference call.
Litigation Practice Group Podcast
- Ms. Megan L. Brown, Partner, Wiley Rein LLP
- Mr. Dwayne D. Sam, Associate, Wiley Rein LLP
Lawrence S. Ebner January 18, 2017
In a unanimous decision, the Supreme Court upheld the U.S. Court of Appeals ruling in favor of the respondent. The respondent, Cori Rigsby, violated the seal requirement of the False Claims Act (FCA) by disclosing her complaint against State Farm, regarding allegedly fraudulent actions taken post-Katrina, before the defendant was served. State Farm argued that the case should have been immediately dismissed due to the procedural violation. The question at hand was whether a claim made under the FCA should be dismissed because the complaining party violated the seal requirement.
Mr. Lawrence Ebner, founder of Capital Appellate Advocacy, author of multiple pieces on the case, and Counsel of Record on the DRI Amicus Brief in support of the petitioner, joined us to discuss the decision and its implications for the future.
Intellectual Property Practice Group Teleforum
- Mr. Lawrence Ebner, Founder, Capital Appellate Advocacy
The Federalist Society will host a one hour Teleforum to discuss the recent Supreme Court decision in Samsung v. Apple--a rare Supreme Court design patent case regarding the shape of the face and grid of icons in Apple's iPhones. Trevor Copeland of Brinks Gilson & Lione, Austin and Art Gollwitzer of Michael Best, Chicago will engage over the specific statutory and policy issues in the decision. Prof. Ryan Holte of SIU School of Law will moderate.
Litigation Practice Group Teleforum
- Mr. Trevor Copeland, Shareholder, Brinks Gilson & Lione
- Mr. Art Gollwitzer, Partner, Michael Best & Friedrich LLP
- Moderator: Prof. Ryan Holte, Assistant Professor of Law, SIU School of Law
In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. Author and Editor Jonathan Adler joined us along with two chapter authors, Brian Fitzpatrick and Richard Lazarus, to discuss their contributions to this important volume.
- Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
- Prof. Brian T. Fitzpatrick , Professor of Law, Vanderbilt University Law School
- Prof. Richard J. Lazarus, Howard and Katherine Aibel Professor of Law, Harvard Law School
Labor & Employment Law Practice Group Podcast
Ronald E. Meisburg November 30, 2016
Ronald Meisburg, former National Labor Relations Board Member and General Counsel, joined us to discuss recent updates to joint employment law. Joint Employment is defined under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Workers Protection Act as a form of employment that “exists when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute.”
This issue has risen to the forefront of labor law as President Obama’s Department of Labor has become more aggressive in his last year and as businesses grapple with the coming of a new administration.
- Hon. Ronald Meisburg, Special Counsel, Hunton & Williams