Sandra Huerta

Want to sound erudite? Begin your next memo or brief with: "The Federal Circuit’s decision that the PTO is not subject to notice-and-comment requirements when issuing rules pursuant to 35 U.S.C. § 2(b)(2) conflicts with this Court’s interpretive precedents applying the anti-superfluity cannon." What's this really about? Whether you have to tell the U.S. Patent and Trademark Office (PTO) your home address if you apply for a trademark as an individual and your physical office address as a business. I have bumped into this issue directly in the past year. Even if the Supreme Court agrees to hear the case, I expect there is a low likelihood that the PTO will change its requirements even if it is required to take notice and comment before the rulemaking because the PTO need only show that its rule is not arbitrary and capricious. The PTO will argue that checking domicile helps prevent fraud and that's a good enough (non-arbitrary and non-capricious) reason. So what's the solution for those who want to protect their physical address from the PTO? A giant trademark owning entity that licenses the trademarks out to the "real" trademark owners. It will be just like MERS for mortgages. You read it here first....

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More Spokeo (and Transunion v. Ramirez) influences in the debt collection space....mere confusion resulting from not following the fair Debt Collection Practices Act (FDCPA) law does not create sufficient standing to bring an action. Folks who are not lawyers or who don't engage in consumer litigation likely wonder why I often reference Spokeo. I am referring to a prior U.S. Supreme Court case that held that even if a party violates the letter of the law, you (as a private litigant) still may be unable to sue them in (federal court) unless you can prove how you were concretely damaged by that violation. In the consumer financial services and privacy law worlds, Congress has created many laws with specific conduct requirements , such as requiring a debt collector to reveal the name of the original creditor in a debt collection communication so the debtor can lookup other details related to the transaction that created the debt. Under the Spokeo doctrine, if these conduct requirements are violated, you still may have no basis to sue unless you can prove some form of concrete damage to you. In the data privacy realm, this sometimes means that those who have had their data improperly leaked (the Leakee ?) have no cause of action against the Leaker unless the Leakee can show he/she was damaged somehow by the violation.

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I've posted DExit Drivers: Is Delaware's Dominance Threatened? to SSRN Abstract: For over a century, Delaware has led the corporate law landscape, though it has not been without competitors. States such as Georgia, Maryland, New Jersey, Ohio, Pennsylvania, Tennessee, and Virginia have attempted to rival Delaware, attracted by its significant tax revenue from incorporations. Today, Nevada emerges as a notable challenger, actively promoting "DExit" – a push for companies to leave Delaware. Consequently, this analysis primarily examines the choice between Delaware and Nevada. Widespread discussion of the potential for mass DExit was triggered by recent criticisms from business leaders and prominent corporate lawyers. While such complaints have not yet triggered a mass exodus from Delaware, many firms are reportedly considering changing their corporate domicile. But is Delaware’s dominance genuinely at risk? Are these just isolated incidents or signs of a broader trend? This article provides both and empirical and a qualitative analysis of firms that reincorporated from Delaware to another state between 2012 and 2024. It analyzes these firms based on size, filing status, and new state, along with their stated motivations. The data suggest two main conclusions. First, almost all reasons given for reincorporation seem implausible. If DExit becomes more frequent, plaintiff lawyers should scrutinize these disclosures, particularly focusing on enhanced liability protections for controllers, directors, and officers, suggesting possible conflicts of interest requiring entire fairness review. Second, the number of reincorporations from Delaware remains minimal compared to the vast number of new incorporations Delaware attracts annually. Given the strong inertia behind the initial incorporation decision and the weak drivers for DExit, it is unlikely to become widespread soon. #corporategovernance, #corporatelaw, #reincorporation, #Nevada, #Delaware, #Delawarecorporatelaw, #empiricalanalysis https://lnkd.in/gYTFJ58a

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The Maryland Law Review published Professor Frank Gevurtz’s article “Important Warning or Dangerous Misdirection: Rethinking Cautions Accompanying Investment Predictions.” This article examines how cautionary statements warning investors about the risks of corporate performance predictions can increase danger by misdirecting attention. It proposes a new approach for courts to focus on the credibility of the speaker rather than just listing risks, aiming to reduce misallocated resources and improve economic outcomes. #AskMcGeorge #McGeorgeFacultyExpert https://lnkd.in/gM5nTEdd

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Nearly half of law firm associates believe law school did not adequately prepare them for practice, a new survey has found.   Many of the 31% of respondents who said their law firm experience did not meet their expectations in law school cited legal education’s focus on litigation and a lack of training in the type of legal work they now do.   The survey also asked the associates what they would change about their law firm experience.   In this week’s audiogram, we analyze the results of the survey by legal recruiting firm Major, Lindsey & Africa and legal data intelligence provider Leopard Solutions.   Read the full story by Karen Sloan 👉 https://reut.rs/4aZncGT  🎤 Shruthi Krishnamurthy shares audio legal updates weekly!  #lawschools #lawyers #legalindustry #legalnews #legal

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Today the California Supreme Court overruled prior precedent on arbitration waiver. This ruling has significant implications for practitioners.   Renouncing the St. Agnes multi-factor test for arbitration waiver, which included a prejudice component, the Supreme Court in Quach v. Commerce Club, Inc., S275121, held that the loss of the right to arbitrate must be determined by application of generally applicable contract defenses. In so holding, the Court noted such defenses may include forfeiture, estoppel, laches, or timeliness, in addition to waiver, and that the St. Agnes waiver test had improperly included concepts from several distinct defenses.   Going forward, “a court should be careful to consider only those factors that are relevant to the specific state-law defense the party resisting arbitration has raised.” The Court determined that because Quach had raised the defense of waiver, it need only analyze whether the traditional test for contractual waiver was met. Practitioners resisting a motion to compel arbitration should now be careful to choose the correct contract defense because they will be held to the specific defense asserted. Practitioners compelling arbitration can no longer rely on a lack of prejudice to the other side and should move to compel at the earliest opportunity. The full opinion can be found here: https://lnkd.in/g6WMDEDh

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A year ago in the Columbia Law Review, Aliza Shatzman argued for a Centralized Clerkships Database to democratize judicial #clerkship information. One year later, LAP's Database is a working #legaltech product, helping more than 1,000 students identify beneficial #clerkships and avoid experiences like Aliza's. Check out the CLR piece, then register for Database access today! #LegalScholarshipIsAdvocacy #clerkships #courts #transparency 👇

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BREAKING NEWS: Judge Chhabria reluctantly grants plaintiffs motion for more discovery time in Kadrey v Meta after David Boies firm takes lead for plaintiffs. Joseph Saveri firm still part of legal team. Lieff Cabraser Heimann & Bernstein, LLP, who represents Authors Guild in SDNY and Farnsworth in a case related to Kadrey, could become co-class counsel with Boies firm. See below: ORDER. For the reasons stated on the record at today's hearing, the plaintiffs' motion to extend the case schedule is reluctantly granted. The new fact discovery cutoff will be December 13, 2024. The hearing on dispositive motions with respect to the named plaintiffs' claims will take place May 1, 2024 at 10 a.m. in Courtroom 4. The parties shall meet and confer about all surrounding dates and submit a stipulation regarding those dates within 7 days of this order. The parties are urged to bring any significant discovery disputes to Judge Hixson's attention sooner rather than later. The plaintiffs in the Kadrey case are ordered to confer with the plaintiffs in the Farnsworth case to discuss whether: (1) the case should be consolidated, with the Boies firm and the Cabraser firm serving as co-lead counsel; or (2) the Farnsworth case should be stayed pending adjudication of the Kadrey case. Within 7 days of this order, the plaintiffs in the two cases should either submit a joint letter or competing letters setting forth their positions. The Court understands Meta's position, but Meta is also free to file a letter if it wishes. Signed by Judge Vince Chhabria on 10/4/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 10/4/2024) (Entered: 10/04/2024)”

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How did the Kirkland partner video get leaked is the question we’re asking ourselves. Some are recalling the infamous ‘Claire Swire email’ which involved a Norton Rose lawyer from way back at the dawn of time in 2000 and the one too from a CC lawyer back in 2003. *All articles and videos can be found in the comments section. Clifford Chance Adopts US-Style Bonus System for Associates: Clifford Chance has revamped its bonus system for UK associates to align more closely with those offered by US firms, according to The Lawyer . The new system, introduced last month, rewards associates more when they are in higher demand, with bonuses linked to the number of hours billed. This US-style focus on billables marks a departure from the ‘no target-hours culture’ prevalent at many UK firms. Clyde & Co Boosts Revenue by 10%: Clyde & Co has reported strong financial results for the past year, with revenue growing by 10% to £845 million. Profit per equity partner (PEP) increased by 4% to £739,000. The firm attributed its growth to success across various practice areas, emphasizing its "sector-focused, geographically hedged" model. Over the year, Clyde & Co added 32 new partners through lateral hires and internal promotions. Kirkland & Ellis Partner Video Goes Viral in the City: A video leaked to RollOnFriday shows two Kirkland & Ellis partners in London mocking a fellow partner during a work call, culminating in him knocking over a bottle of whisky. The footage, recorded in Kirkland's London office in the Gherkin, is circulating among City lawyers. In the video, the partner gives the middle finger to the person filming but nearly drops a bottle of Macallan whisky before catching it. Reactions in the comments are mixed. One top comment expressed sympathy, saying, "can't believe anyone leaked this… poor guy," while another suggested, "I'd be sacking this bunch of jokers. You know this is just the tip of the iceberg." Partner's 4,000 Hours Help Sullivan & Cromwell LLP Hit $200 Million Mark: Sullivan & Cromwell’s fees for the ongoing bankruptcy of cryptocurrency exchange FTX have reached $200 million, largely thanks to the efforts of a single partner. Litigation partner Brian Glueckstein has averaged 11 hours a day, five days a week, for 18 months, billing more than 4,000 hours at a rate of $2,375 per hour, amounting to $9.5 million. Sullivan & Cromwell lawyers have collectively billed over 168,000 hours on the matter so far, reports Reuters. CC: Non-Billable

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Lepis v. Lepis: Change of Circumstances Lepis v. Lepis, 83 N.J. 139 (1980), may be the most widely cited case in New Jersey family law. This case lays out a two step procedure by which courts in New Jersey must evaluate requests for the modification of spousal support and child support obligations. Read more here: https://lnkd.in/e8G3RJce #FamilyLaw #NewBeginnings #Journey #Lawyer #Divorced #Coparenting #Separation #Family #Law #DivorceLawyer #BreakUp #DivorceAttorney #womeninlaw #legal #prelaw #lawyersofinstagram #njlawyer #princetonlawyer #penningtonlawyer #princetonfamilylaw #princetondivorcelawyer #attorney #princetonattorney

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Finally a shred of sanity from SCOTUS (except J. Alito and J. Gorsuch) about the Consumer Financial Protection Bureau. Yes: Congress' appropriation of the Bureau's budget through the Federal Reserve comports with the language and the historical implementation of the Appropriations Clause. My favorite part of the opinion summary: "The First Congress’ practice confirms this understanding, as appropriations that supplied funding to the Customs Service and the Post Office were not time limited. The associations resist the analogy to the Post Office and other fee-based agencies, arguing that such agencies do not enjoy the same level of fiscal independence as the Bureau. But, the associations fail to explain the relevance of that difference to the question whether a law complies with the constitutional imperative of an appropriation." And that is the history of the ongoing gaslighting of the CFPB: "No other agency is as unaccountable as the CFPB!" Whenever it's pointed out that many other agencies have a similar governance structure or similar funding mechanism as the CFPB, it's ignored. The most original such contrived argument was that of the Fifth Circuit, who claimed that the problem was that the CFPB's budget is "double-insulated" from Congress. The only precedent I found for such a concept was from the precedential film Animal House with J. (Dean) Wormer: Greg: What do you intend to do sir? Delta's already on probation. Dean Wormer: They are? Greg: Yes, sir. Dean Wormer: Oh. Then as of this moment, they're on double secret probation! Greg: Double secret probation, sir? Dean Wormer: There is a little-known codicil in the Faber College constitution which gives the dean unlimited power to preserve order in time of campus emergency. Find me a way to revoke Delta's charter. You live next door. Put Neidermeyer on it. He's a sneaky little shit, just like you, right? [Greg nods] The time has come for someone to put their foot down. And that foot is me.

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Great article on the new #terminaldisclaimer rules proposed by the USPTO, with key takeaways being: 1) more likely than not that demanding a patent owner yield other patents and claims upon the invalidation of one claim is not a proper exercise of agency discretion in rulemaking.  2) remedy of inability to assert patents later may come too late to have real teeth (most litigation never goes to trial, let alone through appeal [i]nstead, most parties settle) 3) may be very substantial unintended consequences from the proposed changes in prosecution, post-grant proceedings, and litigation. In prosecution, there will be more incentive for parties anticipating litigation of the family to avoid terminal disclaimers. "In short, the proposed rule may cause changes in behavior, but they may not be the changes the USPTO is searching for."

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According to recent statistics from the Administrative Office of the U.S. Courts, the federal appeals courts that grant oral argument the most often are the D.C., Second, and Seventh circuits. These courts held oral argument in a higher percentage of appeals compared to other circuits from 2022 to 2023. Partner Katie Barrett Wiik discussed these trends with The National Law Journal, noting that logistically, it may be easier for some courts to schedule oral arguments than others. "For example, the D.C. Circuit covers a smaller area geographically than other circuits, so judges need not travel far to sit on panels. In contrast, judges in the Eighth Circuit are chambered in different federal courthouses across seven states and must travel to St. Louis, Missouri, or St. Paul, Minnesota, for a hearing." Katie said even if oral argument doesn’t change the vote outcome in a case, having in-person hearings improves institutional legitimacy and the legal reasoning behind decisions. It also helps build relationships among judges, staff and attorneys, she added. “[Oral argument] literally brings people together, and that’s essential, I would say, for the health of the institutions and for the relationship-building between and among the various stakeholders in the appellate courts,” she said. “That really can’t be replicated when everyone’s just approving things on the briefs or having remote meetings.” To read the full article, visit: https://lnkd.in/eX98Q6cv #OralArgument #Appeals #CircuitCourt

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As a student fellow with the Center on the Legal Profession, Shiv Panda JD'25 aims to interrogate the role the NIRF system is having in the rapidly changing world of legal education in India. Read more: https://lnkd.in/ePesAvwt

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Law360, Bloomberg Law, Global Legal Chronicle and the Seattle Daily Journal of Commerce were among the media outlets that reported on the recent arrival of McGuireWoods LLP partner Michael Scoville. He litigates #productliability matters, commercial disputes and arbitrations involving the #aviation, #aerospace, #defensecontracting, #telecommunications and #automotive industries and has earned a nationwide ranking for aviation #litigation from Chambers USA each year since 2021. https://lnkd.in/gqcdzde4

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Vault released it's rankings for best Law Firms in NYC. Below are the Top 10. If you're looking to make a move to or from one of these firms or just explore the lateral market, now is a great time with a ton of need across the board. I've placed 20 Candidates in the last year with plenty more having received offers. DM me and we can set up a time to chat. #legal #recruiter #biglaw #lawjobs #lawfirmjobs #lawfirm #legalrecruiting #lawyers #careeropportunities #amlaw #amlaw100 #amlaw200 #attorney #lawyer #biglawjobs #legaljobs #dclawjobs #dcbiglaw #biglaw #lawjobs #lawfirm #legalrecruiting #lawyers #careeropportunities #salary #interview #vault #rankings https://lnkd.in/dmQajqfx

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First Shift worked with GW law students to submit comments for PWFA (Pregnant Workers Fairness Act) regulations. Today, most employees across the country will have access to unpaid time off to recover from childbirth or to access an abortion! 👏🎉 After more than a decade of advocacy, the law passed in December 2022 and went into effect in the summer of 2023. But it wasn’t until today that the Equal Employment Opportunity Commission (EEOC), which enforces the law, released its final regulations that detail exactly how the law will work in practice. As part of these regulations, the EEOC clarified the responsibilities employers with 15 or more employees will now have to their workers. You can read more about these regulations here: https://lnkd.in/ewSs8SeS We have come a long way! -- EEOC Georgetown Law Centers & Institutes #elderlycaregiving #agingparents #familysupport #igdc #law #employmentlawyer #legalaid #lawlife #elderly #antidiscrimination #disabilityjustice #washingtonpost #disabilitydiscrimination #elderlypeople #caregivingjob #theotherdc

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