Patently Good Ideas® : IP Briefs

 Pix credit hereI am delighted to post the draft text of remarks I have prepared for delivery at the Workshop on Smart Courts in Comparative Perspective. This workshop is part of the international and interdisciplinary research project"Smart Courts – Disruptive Technologies in China’s Judicial System” at the University of Cologne, funded by the Excellent Research Support Program as a University of Cologne Forum. The project is conducted by the Chair of Chinese Legal Culture and the Chair for Criminal and Criminal Procedure Law – German, European, and international Economic, Tax, and Medical Criminal Law at the University of Cologne.The workshop also integrates the Cologne Talks on Information Law of the Institute of Digitality at University of Cologne.The description of the workshop from its CfP gyves a good idea of the scope of the event: This workshop aims at bringing together international experts in the field of law, social and political…

“Trump Claims Sweeping Power to Nullify Laws, Letters on TikTok Ban Show; In purporting to license otherwise illegal conduct by tech firms, President Trump set a precedent expanding executive power, legal experts warned”: Charlie Savage of The New York Times has this report. And at the “Lawfare” blog, Alan Z. Rozenshtein has a post titled “The Government’s Astonishing Constitutional Claims on TikTok; The Justice Department is advancing a radical theory of presidential power, nullifying Congress’s foreign affairs powers whenever the president finds them inconvenient.”

Etong Armand Brice (Loyola University New Orleans) has posted Equity's Evolution Interrupted: The Supreme Court's Redefinition of Judicial Remedies in Trump v. Casa, Inc on SSRN. Here is the abstract: Historically, equity has been a venerable and adaptable branch of law, serving as a vital tool for delivering justice where the strict application of common law fell short. Its core strength, as recognized by legal scholars and judges alike, lies in its capacity to evolve its dynamic nature enables it to respond to new challenges and craft remedies that previous legal frameworks did not anticipate (Adams, 1916). This inherent flexibility has allowed equity to develop over time, adjusting to societal shifts and the increasing complexities of modern governance. Nonetheless, this perceived progression has recently been challenged by a significant judicial intervention most notably through the rise of "universal injunctions," which are broad judicial orders…

Divorcing is stressful, and dividing property can add to the confusion. Understanding how assets are split can help ease this challenge. How assets are categorized and divided plays a crucial role in ensuring a fair distribution for both parties involved. Having a clear understanding of the key factors can make a big difference in achieving a fair outcome. In Texas, the importance of this process is highlighted by its classification of property ownership during marriage. Understanding these classifications can prevent missteps and help smooth the journey. This guide explores the main aspects of dividing assets, helping you prepare for this important step in the divorce process. Understanding Community Property vs. Separate Property One of the first steps in property division during divorce is distinguishing between community property and separate property. In Texas, these two categories define how assets are classified and divided. Knowing this distinction is crucial…

It’s not everyday you have to deal with an insurance company. It’s not an interaction which people are accustomed to. Think about it. You don’t need legal advice to buy a pair of shoes. You don’t need legal advice when negotiating a price for a new/used car. You don’t need legal advice for a parent/teacher conference at school. You don’t need legal advice opening a bank account, or negotiating the terms of your mortgage. What’s set out above are adult interactions which we are used to in everyday life. But, when it comes to personal injury, car insurance and disability claims, we do need legal advice. We need legal advice because these interactions don’t happen everyday for consumers.  We need legal advice because there are complicated laws around getting compensation. We need legal advice because more often than not, these claims are disputed and often end up being litigated in Court. Given that our personal injury lawyers…

You hear that outside? Those fireworks mean that we're already into July and the summer submission cycle is less than a month away!For those writing legal scholarship, it's time to start polishing, revising, or (if you thrive under pressure) writing. Law journals open for their summer submission cycle around the beginning of August (though some upstarts like the Yale Law Journal open earlier). Before long, the game of submissions, expedites, and email refreshing will begin.This post addresses the law review submission process--focusing on strategies, tips, and related debates over the best approach to securing a good placement. Unlike some of my earlier discussions of the law review submission process, I'll steer clear of whether it's good or bad (though I do think it can be less terrible with a bit of effort). Instead, this is written with the status quo in mind, and how authors can best play the game under the existing rules. All of this is based on…

New York City (NYC) filed an amicus brief in a federal habeas corpus proceeding on Tuesday, supporting a former high school student who was arrested by Immigration and Customs Enforcement (ICE) after attending his mandatory immigration hearing in lower Manhattan. The city filed the brief in the US District Court for the Eastern District of New York in support of Jose Luis, arguing that his June 2 arrest—despite his clean record and pending Special Immigrant Juvenile (SIJ) application—reflects a broader pattern of ICE detaining immigrants who voluntarily attend legal proceedings. SIJ status is a US immigration benefit that provides a pathway to lawful permanent residency for foreign-born minors who have been abused, neglected, or abandoned by one or both of their parents, and who are under the jurisdiction of a juvenile court. The brief emphasized that immigrants comprise almost 40 percent of NYC’s population—over 3 million people—and are essential…

7 Legal Pitfalls to Avoid When Buying Property Buying property in Fort Lauderdale can be a profitable move—but without legal guidance, it can also be a minefield. A seasoned real estate attorney in Fort Lauderdale can help you avoid costly mistakes, delays, and disputes. Here are seven legal issues buyers must understand before signing a contract. 1. Failing to Review the Contract Thoroughly Florida real estate contracts are not one-size-fits-all. Many buyers rely on standard forms, unaware of hidden clauses or obligations. Michael Feinstein reviews every detail—purchase price adjustments, inspection periods, escrow terms—to ensure the agreement reflects your interests and avoids post-closing surprises. 2. Overlooking Title Defects or Liens Even luxury and waterfront properties can carry hidden legal baggage—unpaid taxes, HOA liens, or incorrect deed filings. Our legal team performs a full title examination and works to cure any defects before closing,…

[Several of the items on the Declaration's list of grievances against King George III also apply to Donald Trump today.] The Declaration of Independence. (National Archives.)  Today is July 4, and we appropriately celebrate the Declaration of Independence. The Declaration is best known for its ringing affirmation of the rights to  "Life, Liberty and the pursuit of Happiness." But it also contains a long list of grievances against King George III, by which the signers justified their decision to break from Britain. Sadly, many of these are relevant to Donald Trump's abuses of power today: "He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands." As I describe here, this wasn't just a matter of protecting the American colonies'…

Receiving notice of an IRS audit can be one of the most stressful and intimidating experiences a taxpayer faces, triggering immediate concerns about potential penalties, additional taxes, and the complex process ahead. Whether you’re dealing with a correspondence audit, office examination, or field audit, the stakes are high and the need for expert representation is critical. Understanding your rights, the audit process, and the strategic advantages of professional representation can determine whether an audit results in minimal impact or devastating financial consequences. Mike Habib, EA, provides comprehensive IRS audit defense and representation services that protect taxpayers’ rights while achieving optimal outcomes through strategic preparation, skilled negotiation, and aggressive advocacy. With decades of specialized experience in tax controversy and audit defense, Mike Habib understands the intricacies of IRS examination procedures and the sophisticated…

Last week, a federal judge struck down the costly and controversial provisions of the nursing home staffing mandate. Leaving it hanging by a thread, this is another significant blow to the staffing mandate affecting nursing homes, putting patient care at risk. The ruling that a registered nurse must be on duty for every hour of the day was eradicated by an Iowa US District Court. A similar case happened in Texas a few months ago, and this is becoming a more common ruling across the US. An ATI Advisor analyst shared their thoughts on the matter with McKnight’s LTC News. The managing director shared, “That’s not to say that [the Department of Health and Human Services] will necessarily discontinue its legal defense of the mandate. But it’s hard to see how the staffing mandate survives given these legal setbacks.” These constant changes in staffing mandates across nursing homes can lead to issues in the care provided to the residents. With the…

For the Balkinization symposium on Free Speech in Crisis and the Limits of the First Amendment. Amanda Shanor In the early days of the second Trump Administration, attacks on civil rights laws and initiatives with any egalitarian cast reached a fever pitch.  In his second day in office, President Trump signed an executive order condemning the diversity, equity, and inclusion practices of “major corporations, financial institutions, the medical industry, … and institutions of higher education,” among others.  It canceled a host of prior executive orders aimed at preventing discrimination or advancing inclusion, including in governmental hiring and contracting.  It ordered the Attorney General, with the Director of OMB, to identify “key sectors of concern” and identify, in each sector, “up to nine” publicly traded corporations, large non-profit corporations or associations,” foundations, bar and medical…

"Adjusting their recruiting and messaging approach to avoid becoming a target, raising questions over the future of diversity in the legal profession." The post Law Schools Quietly Adjusting Messaging on DEI Policies first appeared on Le·gal In·sur·rec·tion.

Telia Mary U. Williams, Northern Illinois University College of Law, has published Sola Scriptura and the Magisterium: Reconciling Two Biblical Analogues of Constitutional Interpretation Through a Judicial Hermeneutic of Storytelling. Here is the abstract. The validity of the two predominant methods of interpreting the U.S. Constitution has been long and hotly debated. Both of these methods— originalism and living constitutionalism—draw their force from hermeneutics, or methodological principles of interpretation that commonly assist readers of scriptural texts. These divergent constitutional hermeneutic approaches ultimately treat the Constitution as a civic scriptural or holy text, and the multiplicity of interpretations that result from them, largely derive from one of two principal scriptural or Biblical hermeneutical approaches. Indeed, the two principal approaches to constitutional interpretation map onto one of either “sola Scriptura” or…

Dentons is pleased to announce that it has advised Pathfinder Clean Energy (PACE Group) on its successful £46 million investment via convertible bonds from Paris-based investment house RGREEN INVEST. Banking and Finance, United Kingdom, London

Global law firm Dentons has advised numerous national and international banks in their capacity as note creditors of BRANICKS Group AG on securing the repayment of their note loans totaling €225 million. Restructuring, Insolvency and Bankruptcy, Restructuring in Germany, Germany, Europe, Berlin, Frankfurt

Dentons has advised Stena Real Estate, a Swedish real estate company on the acquisition of two buildings of the High5ive office complex in Kraków from the Scandinavian fund Niam. The acquired properties will enhance the company’s existing portfolio, which already includes another building of the same complex, acquired from Skanska Property Poland in May 2022, Real Estate, Commercial Development, Real Estate Finance, Real Estate, Warsaw, Central and Eastern Europe, Europe

Dentons Paris has advised global pharmaceutical company ESTEVE on its acquisition of the marketing rights to Caprelsa® (vandetanib) in over 50 countries — a significant milestone in the company’s international expansion. Corporate, Mergers and Acquisitions, Life Sciences Practice, Life Sciences and Health Care, Europe, Paris