Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Insurance Coverage for False Advertising Claims
Section 43(a) of the Lanham Act, a federal trademark statute, establishes a cause of action for false advertising and provides that any person who “uses in commerce any ' false or misleading description of fact, or false or misleading representation of fact, which in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities” shall be liable to any person who believes that he or she is or is likely to be damaged by such act. See 15 U.S.C. ' 1125(a). A plaintiff who prevails on a Lanham Act false advertising claim can obtain relief that may deal a mortal blow to the defendant's product or product lines ' the court can issue an injunction barring the challenged advertisements, it can order corrective advertising or even a product recall if the false advertising is on the product's packaging and labeling. Additional remedies under the Lanham Act include damages, attorneys' fees, and any equitable remedy that the court determines would fairly compensate the plaintiff. Not only can the verdict in a false advertising suit have devastating consequences in terms of injunctions and monetary damages, the litigation process itself is so costly that it can be equally onerous.
An often-ignored component in the cost matrix for the defense of these claims is the availability of insurance coverage. Insurers generally contend that no coverage exists because their policies do not cover business risks such as “false advertising,” and even if the possibility of coverage exists, one or more of the policy exclusions eviscerates coverage. All too often companies accept the insurer's position at face value and fail to explore coverage further. This is a costly mistake, as courts have often found coverage for these types of claims.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.