Business and the Supreme Court - Business ExchangeMost Active Articles2009-11-26T01:30:07.544-05:00Business ExchangeBusiness_Exchange@businessweek.comurn:com:businessweek:bx:topic:most-active:business-and-the-supreme-courtMichael Fieramoscamfieramosca900NFL brief in American Needle antitrust case makes compelling argument for single entity statusurn:com:businessweek:bx:article:3043929304884673199-d796ea4d3ca6cd4d30068effc4a2c9ec2009-11-24T09:31:14.309-05:00In a brilliant, 66-page brief filed this week in the U.S. Supreme Court, NFL owners and their lawyers describe a form of fantasy football that easily could become a nightmare for the league's players and coaches. The owners' legal fantasy is to...In a brilliant, 66-page brief filed this week in the U.S. Supreme Court, NFL owners and their lawyers describe a form of fantasy football that easily could become a nightmare for the league's players and coaches. The owners' legal fantasy is to...sports.espn.go.comhttp://sports.espn.go.com/espn/commentary/news/story?page=munson/091119Michael Fieramoscamfieramosca9001001Court rejects Patterson housing fee case urn:com:businessweek:bx:article:7380116390825957999-951fbdf0d7f6b2d89669cfc7ab7270e72009-11-18T16:18:50.982-05:00The U.S. Supreme Court put the final nail in the coffin of a lawsuit against the city of Patterson this week when it refused to review a lower court decision that struck down the city's affordable housing fees. Patterson likely owes hundreds of...The U.S. Supreme Court put the final nail in the coffin of a lawsuit against the city of Patterson this week when it refused to review a lower court decision that struck down the city's affordable housing fees. Patterson likely owes hundreds of...modbee.comhttp://www.modbee.com/local/story/938158.htmlMichael Fieramoscamfieramosca9005410U.S. Supreme Court declines 'Redskins' suiturn:com:businessweek:bx:article:17602357040891010361-8044cb82bd890f4120cfd20a668383e32009-11-17T10:21:05.617-05:00WASHINGTON -- The Washington Redskins ended their four-game losing streak Sunday. On Monday, the U.S. Supreme Court handed the professional football team another victory, declining to hear a petition alleging its use of the "Redskins" mascot is...WASHINGTON -- The Washington Redskins ended their four-game losing streak Sunday. On Monday, the U.S. Supreme Court handed the professional football team another victory, declining to hear a petition alleging its use of the "Redskins" mascot is...online.wsj.comhttp://online.wsj.com/article/SB125837729336750349.html?mod=WSJ_hpp_MIDDLTopStoriesMichael Fieramoscamfieramosca9002110Pesticide Case Merits Supreme Court’s Attentionurn:com:businessweek:bx:article:16631965166000060308-165f6c3730daab876770fdb72c32714f2009-11-16T14:59:07.800-05:00By John Hart, American Federation Farm Bureau, Not every legal dispute merits the attention of the U.S. Supreme Court. Only the most serious and far reaching issues tend to make it to the highest court in the land. A case that should be considered...By John Hart, American Federation Farm Bureau, Not every legal dispute merits the attention of the U.S. Supreme Court. Only the most serious and far reaching issues tend to make it to the highest court in the land. A case that should be considered...naturalresourcereport.comhttp://naturalresourcereport.com/2009/11/pesticide-case-merits-supreme-court%E2%80%99s-attention/Michael Fieramoscamfieramosca9001010The patent question: Time for an updateurn:com:businessweek:bx:article:8232243338882502649-fa348d10cf0df1ea28d614069515c19b2009-11-16T15:02:39.313-05:00For American business to remain competitive through innovation in the 21st-century global economy, the U.S. Supreme Court must reject -- and Congress must put an end to -- the 19th-century perspective of the U.S. Patent and Trademark Office.For American business to remain competitive through innovation in the 21st-century global economy, the U.S. Supreme Court must reject -- and Congress must put an end to -- the 19th-century perspective of the U.S. Patent and Trademark Office.pittsburghlive.comhttp://www.pittsburghlive.com/x/pittsburghtrib/opinion/s_653103.htmlMichael Fieramoscamfieramosca9006600Supreme Court case illustrates absurdity of US patent lawurn:com:businessweek:bx:article:3118806694955904942-1a6bf4ed34d7804c1f9b066b0f0b74b52009-11-11T11:26:03.756-05:00It took less than two minutes Monday for the high-stakes patent case in the Supreme Court to descend to the level of questioning whether “Lorenzo Jones” could get a patent on one of his hare-brained inventions, if Bernard Bilski and Rand Warsaw...It took less than two minutes Monday for the high-stakes patent case in the Supreme Court to descend to the level of questioning whether “Lorenzo Jones” could get a patent on one of his hare-brained inventions, if Bernard Bilski and Rand Warsaw...eideard.wordpress.comhttp://eideard.wordpress.com/2009/11/09/supreme-court-case-illustrates-absurdity-of-us-patent-law/Michael Fieramoscamfieramosca9009810Massey Energy Gets $50 Million Jury Verdict Overturned Againurn:com:businessweek:bx:article:13257730582690586328-108b7394b6e0481b6d1d0eb07ba3a2532009-11-13T11:53:41.270-05:00 Massey Energy Co., the fifth-largest U.S. coal company, succeeded for a second time in getting a $50 million jury verdict thrown out five months after the U.S. Supreme Court said West Virginia’s highest court had to re-hear... Massey Energy Co., the fifth-largest U.S. coal company, succeeded for a second time in getting a $50 million jury verdict thrown out five months after the U.S. Supreme Court said West Virginia’s highest court had to re-hear...bloomberg.comhttp://www.bloomberg.com/apps/news?pid=20601103&sid=ayjlZYf0x_F4Michael Fieramoscamfieramosca9001010Clock Winding Down On Patent Scams?urn:com:businessweek:bx:article:4449113532213106982-91eb423d8039ad896bceafd4f175944b2009-11-13T11:59:00.719-05:00This column was written by Evan Schuman, the editor of StorefrontBacktalk.com, a site that tracks retail technology, e-commerce and security issues. Retail Realities appears each Friday. Evan can be reached at e-mail and on Twitter.This column was written by Evan Schuman, the editor of StorefrontBacktalk.com, a site that tracks retail technology, e-commerce and security issues. Retail Realities appears each Friday. Evan can be reached at e-mail and on Twitter.cbsnews.comhttp://www.cbsnews.com/stories/2009/11/13/opinion/main5634436.shtmlMichael Fieramoscamfieramosca9001010What boards of directors can learn from the Supreme Courturn:com:businessweek:bx:article:13958600296077163100-1899a82254396e7d3e86d8ef3226fd3e2009-11-12T11:29:39.761-05:00(Editor’s note: Brad Feld is an early stage investor and co-founder of Foundry Group. This post originally appeared on his blog.) I had an incredible experience this week. My friend Phil Weiser, who is now the Deputy Assistant Attorney General at...(Editor’s note: Brad Feld is an early stage investor and co-founder of Foundry Group. This post originally appeared on his blog.) I had an incredible experience this week. My friend Phil Weiser, who is now the Deputy Assistant Attorney General at...entrepreneur.venturebeat.comhttp://entrepreneur.venturebeat.com/2009/11/12/what-boards-of-directors-can-learn-from-the-supreme-court/Michael Fieramoscamfieramosca9002110Is the House healthcare reform bill unconstitutional?urn:com:businessweek:bx:article:11880053886022673475-0cb51285bba4c90b8bdab666055541572009-11-09T10:22:33.795-05:00Healthcare reform critics gathered at the Capitol Thursday for a very public “House Call” protest ahead of Saturday’s scheduled vote on the House bill. Behind the scenes, however, lawyers connected with the Tea Party movement are planning a legal...Healthcare reform critics gathered at the Capitol Thursday for a very public “House Call” protest ahead of Saturday’s scheduled vote on the House bill. Behind the scenes, however, lawyers connected with the Tea Party movement are planning a legal...features.csmonitor.comhttp://features.csmonitor.com/politics/2009/11/05/is-the-house-healthcare-reform-bill-unconstitutional/Michael Fieramoscamfieramosca90010910U.S. Supreme Court Monitor - Home Court Showdown at the Supreme Courturn:com:businessweek:bx:article:3053501091120453725-468af5ed3483e003f97637ac93b7daf22009-11-11T10:59:05.893-05:00The auto rental giant Hertz is incorporated in Delaware, has its headquarters in New Jersey and does its biggest volume of business in California. So where is Hertz's "principal place of business?" The answer depends on which federal appellate court...The auto rental giant Hertz is incorporated in Delaware, has its headquarters in New Jersey and does its biggest volume of business in California. So where is Hertz's "principal place of business?" The answer depends on which federal appellate court...law.comhttp://www.law.com/jsp/scm/PubArticleSCM.jsp?id=1202435311303&Home_Court_Showdown_at_the_Supreme_CourtMichael Fieramoscamfieramosca9001010Pocono attorneys win airing from U.S. Supremesurn:com:businessweek:bx:article:9392798220103978101-bd3712678e42268bb92c430cf4162d202009-11-10T10:42:34.361-05:00For an actor or actress, it's receiving an Oscar or Emmy nomination. For an athlete, it's playing in the championship at the highest professional level. For two local attorneys, the pinnacle of professional achievement was bringing a legal appeal...For an actor or actress, it's receiving an Oscar or Emmy nomination. For an athlete, it's playing in the championship at the highest professional level. For two local attorneys, the pinnacle of professional achievement was bringing a legal appeal...poconorecord.comhttp://www.poconorecord.com/apps/pbcs.dll/article?AID=/20091109/NEWS/911090329Michael Fieramoscamfieramosca9001010Supreme Court to Study Patents on Business Methodsurn:com:businessweek:bx:article:2737834411722223242-935188fc026c044ba528a199e43cd4e12009-11-09T10:16:24.780-05:00Microsoft Corp., Bank of America Corp. and L.L. Bean Inc. are just some of the companies that have flooded the Supreme Court with advice as it prepares for Monday's arguments over one of the biggest questions involving intellectual property: When...Microsoft Corp., Bank of America Corp. and L.L. Bean Inc. are just some of the companies that have flooded the Supreme Court with advice as it prepares for Monday's arguments over one of the biggest questions involving intellectual property: When...online.wsj.comhttp://online.wsj.com/article/SB10001424052748704328104574517882062296034.html?mod=googlenews_wsjMichael Fieramoscamfieramosca9002110SFLC Provides Background Info for Bilskiurn:com:businessweek:bx:article:1795537401288468051-65a94c474168e1500cc0ec96a18fedd52009-11-09T10:41:01.621-05:00The U.S. Supreme Court will be hearing opening arguments on Bilski vs. Kappos on Monday, November 9th. Not surprisingly, many open source advocates are on the edge of their seats because it's an opportunity for the Supreme Court to decide that software is not patentable. Confused about the details?The U.S. Supreme Court will be hearing opening arguments on Bilski vs. Kappos on Monday, November 9th. Not surprisingly, many open source advocates are on the edge of their seats because it's an opportunity for the Supreme Court to decide that software is not patentable. Confused about the details?ostatic.comhttp://ostatic.com/blog/sflc-provides-background-info-for-bilskiMichael Fieramoscamfieramosca9001010 US Supreme Court invites DOJ to file a brief on Arizona E-Verify lawsuiturn:com:businessweek:bx:article:3916668744365002534-d384bbac6b8cced7ea5a7fa12b4626462009-11-05T10:25:35.080-05:00US Supreme Court invites DOJ to file a brief on Arizona E-Verify lawsuit E-Verify, State Law - Be first to Comment! An interesting development has surfaced in the Arizona E-Verify lawsuit...US Supreme Court invites DOJ to file a brief on Arizona E-Verify lawsuit E-Verify, State Law - Be first to Comment! An interesting development has surfaced in the Arizona E-Verify lawsuit...everifyandi9news.comhttp://everifyandi9news.com/?p=359Michael Fieramoscamfieramosca9003210Tort Lawyers Target Mutual Fundsurn:com:businessweek:bx:article:6467825439424288893-a3f84493ab321c9158c4e4908f8f48f52009-11-03T06:02:38.559-05:00If you invest in mutual funds, you should be worried about a case argued today at the U.S. Supreme Court. The lawsuit aims at overturning the way investment managers of mutual funds are paid. The process has worked well and fairly for decades.If you invest in mutual funds, you should be worried about a case argued today at the U.S. Supreme Court. The lawsuit aims at overturning the way investment managers of mutual funds are paid. The process has worked well and fairly for decades.online.wsj.comhttp://online.wsj.com/article/SB20001424052748703574604574499461674651636.htmlMichael Fieramoscamfieramosca9004310 Corporations shouldn't contribute to politicians | Philadelphia Inquirerurn:com:businessweek:bx:article:7734515648877645376-7d994009a1a355bc2fa85550031853892009-11-02T06:49:06.581-05:00The U.S. Supreme Court (Citizens United v. Federal Election Commission) is poised to allow corporations to contribute directly to political candidates' campaigns, adding to all the soft money they currently spend. If it allows this, the court will...The U.S. Supreme Court (Citizens United v. Federal Election Commission) is poised to allow corporations to contribute directly to political candidates' campaigns, adding to all the soft money they currently spend. If it allows this, the court will...philly.comhttp://www.philly.com/inquirer/currents/20091101_Letters__Corporations_shouldn_t_contribute_to_politicians.htmlMichael Fieramoscamfieramosca9005410Fund Directors Warily Eye Supreme Court Caseurn:com:businessweek:bx:article:9877404074048657600-570c75c4e596b388e4d057533a695d182009-11-02T06:47:49.874-05:00Directors of mutual-fund boards are watching warily as an important case on fund fees comes before the U.S. Supreme Court.
They fear that Jones v. Harris Associates, which the Court is set to hear on Monday, could create a new standard for setting fees and possibly open the gates to a flood of litigation, or remove directors from the fee-negotiation process altogether. If the court in some way opens the door to more fee challenges, it could also become more difficult to hire directors. Directors of mutual-fund boards are watching warily as an important case on fund fees comes before the U.S. Supreme Court.
They fear that Jones v. Harris Associates, which the Court is set to hear on Monday, could create a new standard for setting fees and possibly open the gates to a flood of litigation, or remove directors from the fee-negotiation process altogether. If the court in some way opens the door to more fee challenges, it could also become more difficult to hire directors. online.wsj.comhttp://online.wsj.com/article/BT-CO-20091030-714811.htmlMichael Fieramoscamfieramosca9004310U.S. Supreme Court set to hear Bilski v. Kapposurn:com:businessweek:bx:article:13315304102702180436-d10599c07f0f1dbeec91856433e783c72009-11-02T06:24:41.378-05:00The United States Supreme Court will hear a patent case on Nov. 9 that has implications for both method and software patents, and it has gained widespread attention from industry groups, professors and businesses looking to influence the high court’s thinking. The United States Supreme Court will hear a patent case on Nov. 9 that has implications for both method and software patents, and it has gained widespread attention from industry groups, professors and businesses looking to influence the high court’s thinking. sdtimes.comhttp://www.sdtimes.com/link/33871Michael Fieramoscamfieramosca9004310John Kass: Prosecutors want to keep their little Swiss army knifeurn:com:businessweek:bx:article:6478132459399655907-098efce23a5bbeba77ed08c7e5d2dcd12009-11-02T06:28:42.031-05:00Whether they like it or not, Americans will soon be assaulted by the shrill promos for TV's "Celebrity Apprentice," featuring former Illinois Gov. Rod Blagojevich, acolyte to the equally smarmy Donald Trump. Politicians of both parties will denounce...Whether they like it or not, Americans will soon be assaulted by the shrill promos for TV's "Celebrity Apprentice," featuring former Illinois Gov. Rod Blagojevich, acolyte to the equally smarmy Donald Trump. Politicians of both parties will denounce...chicagotribune.comhttp://www.chicagotribune.com/news/columnists/chi-kass_bd_01nov01,0,7840416.columnMichael Fieramoscamfieramosca9004310Supreme Court Rejects "Mixed-Motive" Burden-Shifting Under The ADEA urn:com:businessweek:bx:article:6894868685121788153-a5a60b0047b277de2b3b527bf73cbbdd2009-11-03T06:11:33.562-05:00The U.S. Supreme Court recently held in Gross v. FBL Financial Services, Inc .1 that a plaintiff alleging a claim of age discrimination must, in all cases, prove by a preponderance of the evidence that age was the "but-for" cause of the challenged adverse employment action.The U.S. Supreme Court recently held in Gross v. FBL Financial Services, Inc .1 that a plaintiff alleging a claim of age discrimination must, in all cases, prove by a preponderance of the evidence that age was the "but-for" cause of the challenged adverse employment action.metrocorpcounsel.comhttp://www.metrocorpcounsel.com/current.php?artType=view&artMonth=November&artYear=2009&EntryNo=10300Michael Fieramoscamfieramosca9002110 Decision against contractor is upheldurn:com:businessweek:bx:article:4063559215554773689-26ed0e26ecf9bcf7bb5342067ffa2e402009-10-30T08:12:15.835-04:00A federal appeals court has sided with a Georgia-based subcontractor trying to collect nearly $7 million from FaulknerUSA, the company that built the Grand Hyatt, San Antonio's convention center headquarters hotel.A federal appeals court has sided with a Georgia-based subcontractor trying to collect nearly $7 million from FaulknerUSA, the company that built the Grand Hyatt, San Antonio's convention center headquarters hotel.mysanantonio.comhttp://www.mysanantonio.com/business/local/Appeals_court_sides_against_FaulknerUSA.htmlMichael Fieramoscamfieramosca9003210Michael W. McConnell: The Pay Czar Is Unconstitutionalurn:com:businessweek:bx:article:3764169702183062317-c5a74a0ea6fb8e6f30d2f7467f95d2712009-10-30T12:53:06.970-04:00Last week's announcement that "Pay Czar" Kenneth Feinberg slashed compensation for executives at seven large financial firms by an average of 50% stunned Wall Street, stoked the fires of populist resentment, and troubled economists.Last week's announcement that "Pay Czar" Kenneth Feinberg slashed compensation for executives at seven large financial firms by an average of 50% stunned Wall Street, stoked the fires of populist resentment, and troubled economists.online.wsj.comhttp://online.wsj.com/article/SB10001424052748703574604574499953992328762.html?mod=googlenews_wsjMichael Fieramoscamfieramosca9002110High Court Must Lower Bar For Patentsurn:com:businessweek:bx:article:17692710641867413693-8019f6e82e5a2708c00ccdbacb4941672009-10-30T12:49:18.922-04:00Suppose, in the Internet's earlier days, you were a really smart computer programmer, and you developed a system that used advanced mathematics to allow for extremely secure online transactions. Thanks to you, things like online banking or Internet...Suppose, in the Internet's earlier days, you were a really smart computer programmer, and you developed a system that used advanced mathematics to allow for extremely secure online transactions. Thanks to you, things like online banking or Internet...courant.comhttp://www.courant.com/news/opinion/editorials/hc-chaclas-pitney-patent.artoct30,0,5438710.storyMichael Fieramoscamfieramosca9001010Which State is a Nationwide Corporation’s Principal Place of Business?urn:com:businessweek:bx:article:17974087354154664695-e62496f706cfadb3708d599fe63e28612009-10-30T08:17:45.837-04:00Hertz Corp. v. Friend poses a question that has surprisingly escaped the Supreme Court’s attention until now: where is a corporation’s “principal place of business”? Hertz argues that its “principal place of business” is its corporate headquarters in New Jersey. The respondents favor a multi-factor approach that in this case points to California. Hertz Corp. v. Friend poses a question that has surprisingly escaped the Supreme Court’s attention until now: where is a corporation’s “principal place of business”? Hertz argues that its “principal place of business” is its corporate headquarters in New Jersey. The respondents favor a multi-factor approach that in this case points to California. scotusblog.comhttp://www.scotusblog.com/wp/which-state-is-a-nationwide-corporation%E2%80%99s-principal-place-of-business/Michael Fieramoscamfieramosca9001010