The Legal Brief

Should I Stay or Should I Go? You Should Probably Stay: U.S. Supreme Court Poised to Resolve Circuit Split on Effect of Bankruptcy Code § 363(m) on Appeals

July 20, 2022

On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to…

"'THE'" Is Now A Trademarked Word?

July 11, 2022

On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,…

Name, Image, and Likeness: The NCAA and College Sports Landscape One Year After Alston

July 1, 2022

The college sports landscape changed forever on July 1, 2021, when the NCAA permitted student-athletes to earn compensation for their name, image, and likeness (NIL). Now, a year later, we look back and evaluate how this change happened; the impact of this change on the NCAA, institutions, and student athletes; and the future of NIL.

Background

In June 2021, the NCAA was preparing to launch a new…

Federal Circuit to Consider the Patentability of AI-Created Inventions

June 23, 2022

Artificial intelligence (AI) utilizes technology to complete activities that normally require human intelligence.[1] AI technology increasingly plays a substantial role in our everyday lives, whether it be playing an online game of checkers against the computer, using an online language translator, or driving an autonomous vehicle.[2] With AI technology’s increasing prevalence, legal questions…

Kemp v. United States – The Supreme Court Finds that a Judge’s Error of Law is a “Mistake” Under Rule 60(b)(1)

June 16, 2022

Federal Rule of Civil Procedure 60(b)(1) provides that a court may relieve a party from a final judgment due to “mistake, inadvertence, surprise, or excusable neglect[.]” Rules 60(b)(2)-(5) provide more narrowly tailored reasons for relief, ranging from newly discovered evidence to fraud and void judgements. Rule 60(b)(6), however, serves as a catch-all provision providing relief “for any other…

SECURE ACT 2.0: WHAT TO KNOW

April 11, 2022

The House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0” or “the Act”, HR 2954) on Tuesday, March 29, 2022.  The Act now heads to the Senate, where it is expected to have significant bipartisan support.

SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement (“SECURE Act”, PL 116-94) signed into law in December 2019, which was enacted to…

Ohio Revises Its Limited Liability Company Act

February 16, 2022

The Ohio Revised Limited Liability Company Act (“Revised Act”), signed into law on January 8, 2021, became effective Friday, February 11, 2022.  The Revised Act applies to all LLCs registered to do business in Ohio, whether formed before, on, or after the effective date.  Completely restating the existing Ohio Limited Liability Act (“Prior Act”), the Revised Act modernizes Ohio’s LLC law with a…

News on New Federal COVID Vaccine Rules

November 4, 2021

Read about the new COVID Rules in these two blogs:

CMS Issues Draft Interim Final Rule Regarding Mandatory COVID Vaccines

 The Centers for Medicare and Medicaid Services (“CMS”) issued a draft of its long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations, which is expected to be formally published in the Federal Register on November 5, 2021. Read more here.

Long…

Enforcing Trademarks Through Customs Recordation

August 27, 2021

Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,…

Name, Image, and Likeness: What's Next for College Sports

July 19, 2021

In a landmark decision issued in June 2021, the United States Supreme Court unanimously ruled in National Collegiate Athletic Assoc. v. Alston that the NCAA and eleven Division I conferences violated Section 1 of the Sherman Antitrust Act, which prohibits restraining certain trade or commerce. The case led almost immediately to a new NCAA interim policy that allows student athletes from all three…

California Love (of Privacy): Virginia and Colorado Adopt Comprehensive Data Privacy Laws That Look Similar to California Laws

July 15, 2021

 Virginia and Colorado have passed legislation that will implement data privacy laws in 2023. Both the Virginia Consumer Data Protection Act (“VCDPA”) and the Colorado Privacy Act (“CPA”) are similar to the California Consumer Privacy Act (“CCPA”) and the recently passed California Privacy Rights Act (“CPRA”) in their aims and goals. However, key distinctions amongst the privacy bills will…

Supreme Court Sides with Student Athletes...But What Does That Mean?

June 23, 2021

On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims…