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The Supreme Court handed down its unanimous decision in Allen v. Cooper this week, finding the Copyright Remedies Clarification Act (CRCA) was an unconstitutional abrogation of state sovereign...

In early May, the Supreme Court of Virginia's decision in Montalla, LLC v. Commonwealth, established some favorable legal precedent for contractors doing business with the Commonwealth of Virginia.

This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State defamation law.

As a general rule, U.S. federal law prevents people with judgments against foreign countries to satisfy those judgments against the countries' assets in the United States.

We continue our alphabetical 50-state survey of sovereign immunity with our fourth installment in the series ..

In a closely-watched case, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO's Patent Trial and Appeal Board and held that tribal sovereign immunity does not apply to...

Since just about everything is on the Internet today, it is no surprise that trademark and copyright infringement often happen there as well. What follows is a brief summary of the basic trademark and copyright problems that may arise on the Internet, as well as some practical tips for dealing with them when they occur.

The United Nations Convention on the International Sale of Goods (CISG) governs a trade between Canada and the United States, as well as among 60 other signatory states.

Today's article marks the halfway point in our alphabetical 50-state survey of sovereign immunity, as this installment covers Montana, Nebraska, Nevada, New Hampshire and New Jersey.

Courts have fundamentally distorted and mutated the irreparable harm standard for preliminary injunctions, especially in Administrative Procedures Act cases.

On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed...

Recognized Native American tribes generally have inherent authority to govern themselves without interference by federal or state governments.

The Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office recently issued an important decision concerning the effect of an applicant’s incorrect but not fraudulent statement that a mark was in use on all of the specified goods or services in a trademark application.

When a company is notified by the U.S. Customs Service that it will be the subject of a Focused Assessment, management needs to take the notice seriously and act swiftly. A Focused Assessment is not a random request for information. Customs is targeting the company, and significant penalties are a very real possibility. The company must act promptly and carefully avoid significant liability.

In a recent opinion, the Fifth Circuit Court of Appeals ruled that the "Sabine River Authority, State of Louisiana" ("SRA-L") is not entitled to Eleventh Amendment sovereign immunity.

In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10...

Over recent decades, tribal gaming has developed into a $32 billion industry, providing economic stability and tribal government funding for sovereign nation building. More recently, the U.S.

On August 21, the Supreme Court, in National Institutes of Health v. American Public Health Association, granted the government's application for a stay of the district court's order vacating NIH's termination of various...