Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US..
FARA Enforcement Gets a Major Shake-Up Under New Presidential Directive FARA Enforcement Gets a Major Shake-Up Under New Presidential Directive

On September 25, 2025, President Donald J. Trump issued National Security Presidential Memorandum 7 ..
Not Your Usual Monday: BIS Adopts 50 Percent Rule for Entity List, MEU List & Related EAR Controls Not Your Usual Monday: BIS Adopts 50 Percent Rule for Entity List, MEU List & Related EAR Controls

On September 29, the Department of Commerce, Bureau of Industry and Security (BIS) published the..
Investment Management Client Alert September 2025 Investment Management Client Alert September 2025

On 9 September 2025, the German Federal Financial Supervisory Authority (Bundesanstalt für..
Will the Next Patent Cliff Further Spur M&A Activity and What Does That Mean for Companies Right.. Will the Next Patent Cliff Further Spur M&A Activity and What Does That Mean for Companies Right..

Various economic and industry experts have been speculating that we could start to see a pick up in ..
Permitting Reform Ahead: EPA Targets Preconstruction Rules and Retires Reactivation Policy Permitting Reform Ahead: EPA Targets Preconstruction Rules and Retires Reactivation Policy

The US Environmental Protection Agency (EPA) recently announced two significant reforms to its New..
Prosecutor, Jury, and Judge? Courts Split on IRS Penalty Power Post Jarkesy Prosecutor, Jury, and Judge? Courts Split on IRS Penalty Power Post Jarkesy

In the aftermath of the Supreme Court’s 2024 landmark decision in SEC v. Jarkesy, courts across the ..
California’s New Western Regional Electricity Market and Expanded Renewable Market California’s New Western Regional Electricity Market and Expanded Renewable Market

The California Independent System Operator (CAISO) currently operates an electricity grid that is..
Second Circuit Opinion Highlights Need for Public Companies to Revisit Risk Disclosures Second Circuit Opinion Highlights Need for Public Companies to Revisit Risk Disclosures

On August 27, 2025, the U.S. Court of Appeals for the Second Circuit issued an opinion highlighting ..
All-China Patent Attorneys Association Bans Members from Using AI to Generate Patent Application.. All-China Patent Attorneys Association Bans Members from Using AI to Generate Patent Application..

On September 22, 2025, the All-China Patent Attorneys Association (ACPAA) released the revised Code ..
Emerging Legal Exposure for Businesses in Mexico: Local Supplier Relationships Can Trigger.. Emerging Legal Exposure for Businesses in Mexico: Local Supplier Relationships Can Trigger..

Until the start of the second Trump Administration, companies doing business in Mexico and other..
Trade Secret Law Evolution Podcast-Episode 80: Statute of Limitations, Scope of Permitted Trade.. Trade Secret Law Evolution Podcast-Episode 80: Statute of Limitations, Scope of Permitted Trade..

In this episode, the podcast’s 80th, Jordan discusses two cases from Federal Districts in Texas and ..
Saying Goodbye the Right Way Saying Goodbye the Right Way

How To Minimize Risk When Terminating EmployeesFiring an employee is never fun. It’s emotional,..
McDermott+ Check-Up: September 26, 2025 McDermott+ Check-Up: September 26, 2025

THIS WEEK’S DOSEA government shutdown looms. No progress was made this week to fund the government..
Pricing Stability and Supply Continuity: Strategic Contracting for Reshoring Pricing Stability and Supply Continuity: Strategic Contracting for Reshoring

Key TakeawaysMoving manufacturing operations back to the U.S. can reduce tariff exposure and..
SEC Issues Policy Statement Clarifying its Position on Mandatory Arbitration Provisions SEC Issues Policy Statement Clarifying its Position on Mandatory Arbitration Provisions

On September 17, 2025, the SEC approved a Policy Statement clarifying the Commission’s views on..
ALJ Disapproves Minnesota’s Proposed PFAS Rule Package Pending Correction ALJ Disapproves Minnesota’s Proposed PFAS Rule Package Pending Correction

As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control..
Are You Ready? – New York DFS Cybersecurity Regulation Approaches Its Final Compliance Phase Are You Ready? – New York DFS Cybersecurity Regulation Approaches Its Final Compliance Phase

Are you operating as a financial services business? Are you aware of the new cybersecurity rules..
CMS Announces Application Details for Rural Health Transformation Program CMS Announces Application Details for Rural Health Transformation Program

On September 15, 2025, the Centers for Medicare & Medicaid Services (“CMS”) published a highly..
Reminder: Massachusetts Salary Range Disclosure Requirements Take Effect in October Reminder: Massachusetts Salary Range Disclosure Requirements Take Effect in October

Last year, Massachusetts joined the growing list of states with pay equity legislation by passing..
The Rise of Nuclear Verdicts for Jones Act Seamen: Transforming Maritime Personal Injury Litigation The Rise of Nuclear Verdicts for Jones Act Seamen: Transforming Maritime Personal Injury Litigation

IntroductionThe maritime industry, long governed by a unique set of laws and traditions, is facing..
Enforceability of “Knock-for-Knock” Indemnity in U.S. Offshore Wind Enforceability of “Knock-for-Knock” Indemnity in U.S. Offshore Wind

Despite recent setbacks, a number of U.S. offshore wind projects remain on the books and on track...
More Than Just Law: Why A Focused Cyclist Accident Lawyer Trumps Generalist Family Law Legal Firms.. More Than Just Law: Why A Focused Cyclist Accident Lawyer Trumps Generalist Family Law Legal Firms..

In Tustin, CA, a community known for its scenic bike paths and active lifestyle, a bicycle accident ..
The Trump Administration’s First Unified Agenda for FDA Promises Major Changes for the GRAS Pathway,.. The Trump Administration’s First Unified Agenda for FDA Promises Major Changes for the GRAS Pathway,..

The Make America Healthy Again (MAHA) program and implementation of the Modernization of Cosmetics..
Demystifying Patent Prosecution Demystifying Patent Prosecution

Patent prosecution is the legal process of pursuing patent protection through the United States..
FDA Expands Permitted Uses of Hydrogen Peroxide FDA Expands Permitted Uses of Hydrogen Peroxide

On September 3, 2025, and in response to a food additive petition filed by Cargill,..
The strange case of the superfluous sentence The strange case of the superfluous sentence

Some sentences reproach without a single accusatory word. “The captain was sober today” impugns by..
Department of Homeland Security Proposes Changes to H-1B Lottery Selection Process Department of Homeland Security Proposes Changes to H-1B Lottery Selection Process

HighlightsThe Department of Homeland Security (DHS) proposed a new rule that would affect the H-1B..
AI Hallucinations are Creating Real-World Risks for Businesses AI Hallucinations are Creating Real-World Risks for Businesses

We all know by now what an AI hallucination is, at least generally – output that sounds right but..
California Legislature Sends Wage Enforcement Bill to Governor California Legislature Sends Wage Enforcement Bill to Governor

The California Legislature recently sent a bill (Senate Bill (SB) 261) to the governor’s desk that, ..
Federal Court Allows Chapter 93A Claims Based on Unwanted Marketing Emails to Proceed Federal Court Allows Chapter 93A Claims Based on Unwanted Marketing Emails to Proceed

The United States District Court for the District of Massachusetts recently denied a motion to..
Canadian Courts Send Clear Message: Protecting Patents Isn’t Passive Canadian Courts Send Clear Message: Protecting Patents Isn’t Passive

A recent decision from the Canadian Federal Court of Appeal (FCA) underscores the importance of..
Charleston’s Climate Lawsuit Collapse Shows That Common Sense Prevails Charleston’s Climate Lawsuit Collapse Shows That Common Sense Prevails

Another domino has fallen. On August 6, the City of Charleston’s climate lawsuit against American..
Federal Marijuana Rescheduling Effort Challenged in Congress Federal Marijuana Rescheduling Effort Challenged in Congress

Where Things Stand NowLast week, Republican lawmakers in Congress took a major step to block..
Current Developments in Germany Regarding CSRD Implementation Current Developments in Germany Regarding CSRD Implementation

The German Federal Ministry of Justice and Consumer Protection (BMJV) released a draft..
The funniest justice The funniest justice

JUSTICE GORSUCH: So you have a dog in the hunt on the scope of the discovery rule — MR. EARNHARDT:..
SCOTUStoday for Wednesday, September 24 SCOTUStoday for Wednesday, September 24

On this day in 1789, President George Washington signed the Federal Judiciary Act into law,..
FLORIDA SPLIT: Whether You Can Enforce the TCPA’s DNC Rules May Depend On What Part of the State.. FLORIDA SPLIT: Whether You Can Enforce the TCPA’s DNC Rules May Depend On What Part of the State..

Chief Judge of the Northern District of Florida recently held SMS messages are not “calls” for..
What the New Rate Cuts Mean for Family Offices What the New Rate Cuts Mean for Family Offices

In early 2024, many Family Offices were holding significant amounts of cash. Rates had been rising..
FinCEN Formally Proposes Two-Year Delay of Investment Adviser AML Rule FinCEN Formally Proposes Two-Year Delay of Investment Adviser AML Rule

What This Means for Advisers:FinCEN has formally proposed to delay the effective date of the..
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