8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020
How can an emergency injunction save your business?
Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more
A federal appeals court dealt a significant blow to the National Labor Relations Board (NLRB) last week, upholding a preliminary injunction prohibiting it from prosecuting unfair labor practice (ULP) complaints against SpaceX...more
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more
The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more
Judge Jesse M. Furman (S.D.N.Y.) recently denied Plaintiff Chengdu Tops Technology Co., Ltd.’s (“Chengdu”) motion seeking a temporary restraining order (“TRO”) against “a slew of merchant Defendants” to enjoin “the...more
A federal court in Missouri recently granted a franchisor’s motion for a preliminary injunction, finding that the franchisee’s operation of a competing business demonstrated irreparable harm. Three Dog Bakery, LLC v. Crit,...more
In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more
In an unusual move, the U.S. Department of Justice and U.S. Patent and Trademark Office submitted a “Statement of Interest” this week in a pending patent case in the Eastern District of Texas—sharing “views” on whether...more
A federal court in Missouri granted franchisor’s motion for preliminary injunction against its former franchisee, enjoining the former franchisee from operating a competing business from the former franchised location....more
In a bold and unusual move, the DOJ’s Antitrust Division and the USPTO have jointly filed a Statement of Interest in a patent case – not before the Supreme Court or Federal Circuit, but in a district court in East Texas. The...more
On April 15, 2025, after jurors found a line of dolls from the toymaker, MGA Entertainment, Inc. (“MGA”), infringed the trade dress rights of a pop group owned by music artists Clifford "T.I." Harris and Tameka "Tiny" Harris,...more
The Pregnant Workers Fairness Act (PWFA) rules mandating that employers provide abortion-related accommodations are facing intensifying legal challenges now that a federal appeals court allowed a group of states to challenge...more
President Trump issued two anti-DEI executive orders at the start of his second term that shook up the workplace and left federal contractors and private employers wondering how to comply. Employers grappled with...more
A new lawsuit is challenging the Trump administration’s executive orders that take aim at DEI efforts in the private sector and in the federal government, calling them a “crusade to erase diversity, equity, inclusion, and...more
Deciding whether to choose state or federal court can be outcome determinative. This is particularly important in deciding to remove a case from state to federal court. Some state franchise statutes clearly allow a court to...more
The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood...more
SB 684, which took effect on July 1 of this year, provides for streamlined, ministerial processing of certain residential projects in multifamily zoning districts consisting of no more than 10 single-family homes. The law...more
A Minnesota district court issued a preliminary injunction against a former franchisee who engaged in a competing business during the franchise relationship. Snap Fitness, Inc., a gym franchisor, entered into a franchise...more
On November 14, the U.S. District Court for the Southern District of Texas denied a motion to stay the deadlines for the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act, pending appeal. The plaintiffs — a...more
Last week, the United States District Court for the Southern District of Texas entered a preliminary injunction barring the U.S. Department of Labor (DOL) from pursuing an enforcement action against a federal contractor, ABM...more
A Kansas district court denied a franchisor’s motion for preliminary injunction against its former franchisee who engaged in competing businesses immediately after terminating the franchise relationship....more
Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant...more
To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable harm. In this recent Order of Significance (denying a preliminary...more
Ohio AG Dave Yost and Kansas AG Kris Kobach have completed briefing on their emergency application with the U.S. Supreme Court to stay the EPA’s “Reconsideration of the National Ambient Air Quality Standards for Particulate...more
On July 12, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the U.S. District Court for the Middle District of North Carolina granting a preliminary injunction that barred...more