Trade secret litigation begins long before your company decides to file a complaint against the responsible parties. Once your company has reason to believe that confidential business information has been taken, copied or used improperly, the next question is not simply whether to sue. It is where to sue, whom to sue, what claims to […]
Refunds for Tariffs: How Importers Can Seek Refunds from the U.S. Government for Tariffs Unlawfully Assessed Under the International Emergency Economic Powers Act
Key Takeaways Importers seeking refunds for tariffs, imposts and duties unlawfully assessed under the International Emergency Economic Powers Act (“IEEPA”) typically sue under 28 U.S.C. § 1581(i), which grants the U.S. Court of International Trade (“CIT”) exclusive jurisdiction over such matters. On February 20, 2026, the U.S. Supreme Court ruled in Learning Resources, Inc. v. Trump that IEEPA does […]
U.S. District Court for Northern District of California Enters Partial Summary Judgment Finding Using Copyrighted Material to Train AI Platforms is a Fair Use
Within a one-week period in June 2025, two federal judges in the Northern District of California entered summary judgment rulings on the application of the fair use defense under the Federal Copyright Act in connection with generative AI platforms’ use of copyrighted materials owned by several authors of works who did not give the AI […]
Ninth Circuit’s Decision in Briskin v. Shopify, Inc. Significantly Expands Federal Court’s Personal Jurisdiction Over E-Commerce Companies
In Briskin v. Shopify Inc., the Ninth Circuit Court of Appeal in San Francisco issued a landmark ruling expanding the application of specific personal jurisdiction principles to the realm of companies that engage in nationwide e-commerce. For all our layperson clients and friends in California and across the country, personal jurisdiction raises the question of […]
United States Supreme Court Addresses Corporate Separateness and Defendant’s Profits Under the Federal Lanham Act for Trademark Infringement
On February 26, 2025, the United States Supreme Court issued its opinion in Dewberry Group, Inc v. Dewberry Engineers, Inc. In doing so the Court reaffirmed the legal protections afforded to separately formed, organized and governed corporations. The case raised the question of whether a court could order disgorgement of profits for trademark infringement from […]
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