Features
<b><i>Online Extra</b></i>$2.5M Verdict Awarded in First Phila. Risperdal Trial
A Philadelphia jury on Feb. 24 awarded $2.5 million to the plaintiff in the first of roughly 1,250 Risperdal mass-tort cases in the city's courts.
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The Implied Covenant of Good Faith and Fair Dealing Under U.S. Law
When circumstances change, parties to an agreement often find that the agreement does not cover the exact situation they are now facing. Instead, depending on how their contract is interpreted, one of the parties may be able to take advantage of the contractual silence or ambiguity and act in a way that causes detriment to the other.
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Viacom and Google Defeat Privacy Claims over Kids' Online Data
A federal judge in Newark dismissed multidistrict litigation against Google Inc. and Viacom Inc. in rejecting claims that the companies' online data collection violates the privacy of children under 13.
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Court Watch
Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors
Features
Supreme Court Rules Trademark Tacking Is a Question of Fact
Priority of use is a hallmark of trademark law. Over the years, lower courts have recognized a doctrine called "tacking," under which a trademark owner may "clothe a new mark with the priority position of an older mark." The key to the tacking doctrine is that the new trademark must "create the same, continuing commercial impression" as the old mark. In <i>Hana Financial</i>, the U.S. Supreme Court considered the question and settled the circuit split, holding that tacking is a question for the jury.
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Asymmetrical Reporting
As the regulatory state continues to grow with every passing year, businesses' obligations to provide information to, and file reports/forms with, local, state, and federal governmental agencies increases. Each filing also represents justification to the IRS to audit a business (to the extent that justification is needed).
Features
Information Security
For the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients. InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow.
Features
Are Franchisors 'Employers'?
Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.
Features
Why Social Media Should Not Be Ignored
At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.
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