Commercial Law

Features

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.

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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.

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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

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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?

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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.

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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.

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The year 2010 was another challenging one for the legal services community nationwide, though there have been some signs of stabilization.

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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.