eBay Intellectual Property Disputes: What Sellers Need to Know
Individuals and businesses who sell on eBay may find themselves the target of an intellectual property violation notice. eBay allows IP holders to report listings that violate their copyright, trademark, or patent. Sellers can protect themselves by learning the steps they can take to respond to a claimed violation.
The Seventh Circuit As An Outlier
As noted in my last post, the Seventh Circuit recently issued its annual report for 2022. Along with the number of appellate filings for 2022, the annual report also details a slew of stats on other matters, including comparisons between the Seventh Circuit and the other federal appellate circuit courts. Two merit mention here....
Unpublished Appellate Opinions-A Tale of Two Circuits
It's an open secret that most federal appellate courts dispense with their cases via unpublished opinions. The numbers are in for 2022, and to be precise, 86% of federal appellate opinions were unpublished. This published-unpublished distinction is important because an unpublished decision is not precedential, and thus does not create circuit law....
Seventh Circuit Win on Appellate Sanctions
This week, an appellate opinion was issued by the Seventh Circuit Court of Appeals in Kinsella v. Baker Hughes. I represented the Appellant in this appeal of an arbitration ruling. The Appellee contended my client pursued a frivolous appeal and sought Rule 38 sanctions. While the Seventh Circuit ultimately rebuffed our position...
The Perils of Forfeiture
Federal appellate courts are loathe to address arguments not preserved in the district court. The Seventh Circuit is no different. That position was personified today in the Seventh Circuit's opinion in Sunny Handicraft v. Envision This!, No. 21-1579. Judge Frank Easterbrook, writing for the Court, refused to consider an issue the defendant...
Podcast Discussion on Law & Crime
I recently had the honor of being invited to speak on a podcast with Adam Klasfeld. As Mr. Klasfeld explains: On the latest episode of Law & Crime’s podcast, “Objections: with Adam Klasfeld,” appellate attorney Christopher Keleher, who also wrote the University of San Francisco Law Review article “The Repercussions of Anonymous...
Seventh Circuit Win
This week, I won a reversal in the Seventh Circuit Court of Appeals. The case, Bradley v. Village of University Park, concerns the constitutional issue of procedural due process. However, this appeal focused on whether the law of the case doctrine and mandate rule applied. This is the second time the case...
The SAFE-T Act, Stalled, For Now
The Safety, Accountability, Fairness, and Equity-Today Act, commonly known as the SAFE-T Act, is an Illinois statute enacted in 2021 that reforms the criminal justice system. It represents a shift in the approach to policing, pretrial detention, bail, sentencing, and corrections. The law—a lightning rod in the debate over crime and punishment—was...
The End of An Era
The Honorable William J. Bauer has stepped down from his post as a judge on the United States Court of Appeals for the Seventh Circuit. He served that position since 1974 with fairness, kindness, and wit. He will be missed by both bench and bar. I had the honor of serving as...
Illinois Bar Journal Publication
I had the honor of being published in this month's edition of the Illinois Bar Journal. The article is entitled, "To Remain Silent: Navigating The Minefield of Custodial Interrogations." It examines Miranda warnings and the latest developments in Illinois and federal courts on this ever evolving issue.