MoloLamken Releases 2023 Supreme Court Business Briefing

July 7, 2023– The national litigation boutique MoloLamken LLP is pleased to announce the release of this year’s MoloLamken Supreme Court Business Briefing. This is the thirteenth year the firm has published its summary of the decisions from the U.S. Supreme Court that have the greatest relevance to business.

“There was no shortage of action on the Supreme Court’s business docket this Term,” noted MoloLamken partner Robert Kry. “The Court issued major decisions on interstate commerce, intellectual property, and other topics affecting business,” added Michael Pattillo, another firm partner.

The Court issued a pair of important trademark decisions. In one, the Court reined in the territorial scope of the U.S. trademark laws. In the other, the Court strengthened the rights of trademark holders to keep parody products off the market. In the patent arena, the Court restricted inventors’ ability to obtain patents for broad “genus” claims, which are heavily relied upon in the biotech and pharmaceutical industries. And in the copyright sphere, the Court limited the “fair use” defense to infringement for certain commercial uses of artistic works.

The Supreme Court also addressed a number of other significant issues affecting business this Term. The Court issued a pair of decisions that granted States substantial authority over out-of-state businesses. The Court held that employers cannot deny an employee’s request for religious accommodation unless the accommodation would impose a substantial burden. And in a win for Big Tech, the Court limited liability for social media companies and other businesses whose products are used by terrorists or other wrongdoers.

The Court granted review in only 60 cases this Term. MoloLamken argued three of those and filed an important friend-of-the-Court brief in another.

The MoloLamken Supreme Court Business Briefing has been widely praised in both the business and legal communities for its clarity and insight. To read this year’s edition, please click here. 

About MoloLamken

MoloLamken handles complex business disputes, IP disputes, and white collar defense and investigations in the trial and appellate courts, including the Supreme Court of the United States, as well as arbitral forums. The firm’s international client base includes leading corporations, hedge funds, private equity firms, investors, inventors, executives, and foreign sovereigns. With offices in New York, Chicago, and Washington, D.C., MoloLamken represents clients around the world in some of the most significant disputes and investigations in the U.S. today.

An “accomplished stable of trial and appellate lawyers . . . . Professional and creative.” — Chambers and Partners
For more information visit: www.mololamken.com.