Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.
Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.
With the advent of New York's recently amended legislation permitting Family Courts to issue orders of protection in certain bullying cases, attorneys in family practice have a new reason to assist clients with these matters.
Law firms are increasingly turning to retreats to help solve their management problems, improve personal relationships, and increase team spirit. But a retreat will not succeed unless adequate time and effort have gone into the planning process.
With social media here to stay and smart mobile devices abounding in offices, employers need to accept that they cannot legally or practically shut down the conversation. Here's what to do.
This article examines the basic considerations and issues that arise in litigation involving injuries sustained while using elevators and escalators in New York State.
This article asks the question: waive or subordinate? An in-depth discussion.
To establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension.
This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.
This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
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