News & Publications

On February 14, 2025, Judge Margo Brodie of the United States District Court for the Eastern District of New York granted a motion to dismiss a putative class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act") against an exercise equipment company (the "Company") and certain of its officers and directors (the "Individual Defendants"). Jia Tian, et al. v. Peloton Interactive, Inc., et al., 23-cv-4279-MKB (E.D.N.Y. Feb. [...]

On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the "defendant's profits" in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those profits ascribable to the "defendant" itself.1 The Court vacated the opinion of the Fourth Circuit Court of Appeals, which had upheld a $43 million award. The award was based on disgorging profits obtained by the named corporate defendant as well [...]

The Corporate Transparency Act (CTA or the Act) is back in play. In an Order released on Feb. 17, 2025, a federal district court in the Eastern District of Texas stayed its Order from Jan. 7, 2025, which had enjoined enforcement of the Act. Smith v. U.S. Dept. of the Treasury, Case No. 6:24-cv-00336 (E.D. Tex. Feb. 17, 2025). The Smith court determined that the order issued by the U.S. Supreme Court in McHenry v. Texas Top Cop Shop, [...]