The Trademark Trial and Appeal Board recently issued a precedential decision affirming an Examiner’s refusal to register WEMBY for athletic apparel. It is a rare precedential Trademark Trial and Appeal Board decision rendered under Sections 2(a) and 2(c) of the Lanham Act, which are not the frequent Continue Reading
Third Circuit’s Decision in Association of New Jersey Rifle & Pistol Clubs Signals a New Era for New Jersey Gun Laws
For more than three decades, New Jersey has had some of the toughest firearm laws in the country. That may be about to change. In Association of New Jersey Rifle & Pistol Clubs v. Attorney General of New Jersey, the United States Court of Appeals for the Third Circuit held that New Continue Reading
AI Chat Histories May Become Discoverable: Key Litigation Considerations for Businesses
As businesses increasingly rely on generative AI, conversations with AI tools may create a new source of information in future litigation. McCarter & English attorneys Diana C. Manning, Benjamin J. DiLorenzo, and Kyle A. Valente were featured in the New Jersey Law Journal for their analysis Continue Reading
McCarter & English’s Indianapolis Growth Reflects a Long-Term Midwest Strategy
McCarter & English's Indianapolis office is entering its next phase of growth—not simply by adding lawyers, but by executing a deliberate strategy to build a full-service Midwest hub. In a recent profile by The Indiana Lawyer, Indianapolis Co-Managing Partners Katherine Althoff and Amy Fisher Continue Reading
The Data Beneath the Game: Who Owns the Numbers When Baseball’s Next CBA Arrives?
Mark Morgan authors an article published in Sports Business Journal discussing the growing debate over whether Major League Baseball players should share in revenue generated from player-performance data, arguing that while players create the data, the league has the stronger legal and economic Continue Reading
What Federal Contractors Need to Know About Trump’s AI Executive Order
A new wave of White House artificial intelligence policy is expected to have immediate operational implications for federal information technology and cyber contractors, AI developers, critical-infrastructure operators, and their service providers. On June 2, President Trump signed the Executive Continue Reading
What We Do in the Shadows…with Shadow AI: The Growing Business Risk of Unauthorized Artificial Intelligence Tools
As AI adoption accelerates, one of the biggest risks facing organizations may be the AI tools they don't know employees are using. Zachary A. Myers, Erin M. Prest, Kimberly Castellino Metzger, and Rachel D. Santos discuss the rising risks of the use of unsanctioned AI tools by employees, also Continue Reading
Ron Leibman Addresses What Montgomery Means for Shippers in Law360
In a recent Law360 article, Ron Leibman addresses whether the US Supreme Court's decision in Montgomery v. Caribe Transport II increases negligent hiring exposure for shippers. His conclusion—"the answer is that it changes nothing." Ron writes that Montgomery addressed broker liability—not Continue Reading
A Field Guide To NDC Status: Identifying The Defense Industry’s Newest (And Oldest) Protected Species
In December 2025, Section 1826 of the FY 2026 NDAA created one of the most valuable classifications in defense contracting and most companies that qualify don't know it yet. Qualify as a “nontraditional defense contractor” and you’re exempt from certified cost or pricing data, FAR Part 31, and the Continue Reading
Proposed Rule Could Expand Liability for Construction Industry Employers
Shared control could mean shared liability for employers in the construction industry. A newly proposed US Department of Labor rule aims to clarify but also expand the definition of what constitutes a joint employer that triggers joint and several liability for wage and hour claims under the Fair Continue Reading