Leveling The Playing Field-U.S. Court Jurisdiction Over Disputes Between American Professional Athletes And Foreign Sports Teams

This article, which explores federal court jurisdiction over foreign business entities in the context of an American professional baseball player’s lawsuit against a Japanese professional baseball team and its corporate owner, uses the decision of the District Court finding personal jurisdiction over the team, but not its owner, as a springboard for a broader discussion of the jurisdictional issue. It explores the various analyses that are employed by courts in the Third Circuit and other Circuits, focusing particularly on the interactive nature of websites as a basis for the exercise of personal jurisdiction.

How Federal Financial Regulatory Agencies can use Fintech to Improve Financial Transactions

Financial technology (“fintech”) has become one of the most important inventions in today’s world. However, technology’s overall impact on our financial institutions is still unclear. Fintech has become an essential tool in the financial world, but we need to (i) identify and (ii) improve the potential uses of fintech for the financial systems of the future. The role of the federal government in this context is especially important, but complicated.

SEC Disgorgement Lives to See Another Day After Supreme Court’s Liu v. SEC Ruling

US Supreme Court

On June 22, 2020, in Liu v. SEC, the Supreme Court affirmed in an 8-1 ruling that the Securities and Exchange Commission may continue to pursue disgorgement awards under the federal securities law provided that the award is capped at the defendant’s net profits, and further, provided that the award is made for the benefit of wronged investors. In so holding, the Court struck a middle ground by narrowly preserving one of the most powerful enforcement mechanisms available to the agency but limiting the awards more closely than the awards the SEC has sought over the years.

IRS Issues Proposed Regulations for Tax on Nonprofit Executive Compensation

The Internal Revenue Service has issued proposed regulations describing the rules regarding the 21 percent excise tax on compensation over $1 million and excess parachute payments paid by tax-exempt organizations to certain covered employees. The proposed regulations affect certain tax-exempt organizations, government entities, and certain entities that are treated as related to those organizations.

Federal Circuit Throws Shade on TTAB’s Treatment of Color Trademarks

Pink insulation, green tractors, robins-egg blue jewelry boxes—they all have something in common: recognizable colors that many associate with products. But can colors be registered as trademarks and, if so, when? On April 8, 2020, the United States Court of Appeals for the Federal Circuit provided welcome guidance for trademark owners and practitioners on the nuanced area of protecting trademarks consisting solely of colors.