September 21, 2021 - The recent case of Bot M8 v. Sony provided the U.S. Court of Appeals for the Federal Circuit an opportunity to address an issue it rarely confronts: the pleading standard ...

This article is more than 10 years old. [Its] limitations are immediately apparent when the template is used—as is frequently the case—to accuse an entire website or channel of commerce of infringing, ...

My latest article, The Rise and Fall of Plausibility Pleading?, has just been published in the Vanderbilt Law Review. It builds on some of my earlier work on pleading (here and here), focusing on the ...

Pleadings control everything in your case—who the parties are, what the issues are, what discovery is permissible, what remedies are available, and what defenses are raised. Drafting strategically is ...

Over at PrawfsBlawg, Dave Hoffman has a post up on the empirical impact of Twombly and Iqbal. That issue has been hotly debated, but there’s no question that federal courts are continuing to struggle ...