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Litigation

  • A number of conflicting decisions over the past year and a half concerning whether provisions prohibiting waiver of duties or liabilities under the New York Franchise Act prohibit franchisors from interposing franchisee "non-reliance" franchise agreement disclaimers when confronting fraud actions brought under the Act makes clear that this critical area of law will remain muddied until the courts decisively rule on the subject.

    April 01, 2016David J. Kaufmann
  • Deactivated Facebook Page of Band Not a "Use in Commerce"
    New York Federal Court Declines Request From Elvis Presley Enterprises To Obtain Royalty Documents From Sony Music for Litigation Against Arista Music in Germany

    April 01, 2016Stan Soocher
  • Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.

    April 01, 2016Robert D. Boyd and Brooke M. French
  • Just because it's on "Page Six" of the New York Post doesn't mean it cannot be defamatory, according to the U.S. Court of Appeals for the Eleventh Circuit. The appellate court revived a defamation lawsuit by a member of The Fugees hip-hop group against the Post for an item in its "Page Six" gossip column, finding reasonable readers might take the story as true.

    April 01, 2016Celia Ampel
  • The Consumer Financial Protection Bureau (CFPB) has fired a shot across the bow of the burgeoning online-payment industry, taking an enforcement action this week that marked the agency's first foray into regulating cybersecurity.

    April 01, 2016C. Ryan Barber
  • Intellectual Property (IP) is a highly complex type of property and, as we saw last month in Part One of this article, there are few cases addressing its valuation in the context of divorce. On top of this, because of the emphasis on mediation and arbitration, fewer cases are being litigated in the court system, resulting in fewer court decisions addressing these complex issues. That means there is less guidance for the practitioner, as different treatments of similar facts and great ways of addressing IP valuation remain unreported.

    April 01, 2016Lynne Strober, Jennifer Presti, Elizabeth Lai Featherman and Joan M. D'Uva
  • The Home Depot will pay $13 million to resolve claims by customers whose personal information was exposed to hackers during a massive data security breach in 2014. The settlement agreement, filed in March in U.S. District Court in Atlanta, would certify a class of Home Depot customers to include all U.S. residents whose personal information was compromised after they used payment cards at self-checkout lanes at U.S. Home Depot stores between April 10, 2014, and Sept.'

    March 31, 2016R. Robin McDonald
  • It hasn't been an easy couple of months for Denver-based fast casual food giant Chipotle Mexican Grill Inc. And now a decision from the National Labor Relations Board has shone a negative light on the company's social media policies and labor practices too.

    March 31, 2016Rebekah Mintzer