Features
Analyzing the U.S. Supreme Court's Decision Not to Review <i>Tiffany v. eBay</i>
In <i>Tiffany v. eBay</i>, the Second Circuit affirmed the District Court's ruling in favor of eBay on the key issue of contributory trademark infringement, as well as direct infringement and dilution, but remanded on the issue of false advertising. The upshot of the holding is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales unless and until a specific instance of fraud was brought to its attention.
Features
e-Commerce Bounces Back Strongly in Third Quarter
Are Americans taking to heart the talk of politicians and some private-sector observers that the long-punishing economic and financial crisis that has put businesses into scrapbooks and people on the street is on the wane? The Census Bureau said recently that preliminary estimated U.S. retail e-commerce sales shot up 4% from the second quarter, tallying $41.5 billion.
Features
Cyber Monday Explodes
Little was virtual beyond a typical conversational reference to this holiday season's once-again record-setting Cyber Monday and other online-holiday shopping excursions. The retail-industry dubbed day for online shopping and incentives for consumers to cybershop hit the jackpot with an echoing boom Nov. 29, racking up the biggest day of online shopping in history and breaking the billion-dollar mark
Features
To Err Is Human, But This Is Something Else
As early as 2004, there was recognition that efforts to advance patient safety were not moving forward comprehensively enough to be responsive to the problem. Where do we stand now?
Features
Social Networking
It is all too common for people to reveal on their social networking pages many intimate details of their lives. The use of such evidence in matrimonial matters is quickly on the rise, often providing a "smoking gun" moment for litigators.
Features
College Expense Issues in Domestic Relations Cases
With college expenses going through the roof, divorcing parties are finding it harder to pay for them in the current economy. Statutory and case law throughout the nation should be reviewed to try to solve particular problems because this issue is going to be heavily litigated.
Features
Legal Times, They Are a'Changing
The year 2010 was another challenging one for the legal services community nationwide, though there have been some signs of stabilization.
Features
Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status
The Second Circuit recently held that pharmaceutical sales reps do not fall under any of the exemptions to overtime payment requirements under the Fair Labor Standards Act ("FLSA"). The court's decision significantly impacts the classification of pharmaceutical sales reps in the industry.
Features
UK Is Considering Abolishing Upper Age Discrimination Limit
The new government in the UK has announced its intention to abolish the UK default retirement age of 65, effective as of October 2011, and is currently consulting about the impact that this will have on UK employers.
Features
Subordination Without Nondisturbance: A One-Sided Marriage
Recent events have shown that the previously unlikely scenario of a landlord default followed by a lender takeover is not only possible but is no longer a rarity.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›