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Will Marks Discusses Upcoming Supreme Court Review of a Decision Holding Nonparty Affiliate Companies Liable for Damages With Law360
October 7, 2024
Litigation associate Will Marks spoke with Law360 in an article about six impactful cases for trial lawyers in the new U.S. Supreme Court term. In the article, “6 High Court Cases to Watch for Trial Attorneys,” published on October 7, Will discusses an appeal from a Fourth Circuit decision that affiliates of a real estate development company should share responsibility for a damages award for trademark infringement, even though the affiliates were not named as defendants—a case that could have important implications for how corporations are structured. The Supreme Court’s decision will come down to a “formalistic” versus “functionalistic” approach to corporate relationships.
“The way the solicitor general seems to look at it in her brief is that, well, you could have businesses structure their affairs for tax purposes or accounting purposes and create the kind of situation where the defendant is not going to get any profit but is providing services to these corporate subsidiaries,” Will says.
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