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Litigation

  • In mid-December, Manhattan Supreme Court Justice Manuel Mendez granted N.Y. Attorney General Eric Schneiderman's motion to halt daily fantasy sports (DFS) sites DraftKings and FanDuel from doing business in the state.

    December 29, 2015Andrew Denney
  • In today's litigious environment, many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. This article discusses some of the more common mistakes occurring in this minefield, and strategies to consider when such claims are filed.

    November 30, 2015George F. Camerlengo
  • Federal Circuit Affirms Anticipation of Claims
    Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled
    In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness

    November 30, 2015Howard J. Shire and Brent T. Hagen
  • The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.

    November 30, 2015Scott M. Ratchick
  • Arbitration provider JAMS is staying neutral, sort of, on an entertainment litigator's claim that it favors big studios in arbitrations and mediations. The claim, made by Bird Marella partner Ronald Nessim in a law review this summer, is essentially that JAMS has a lock on studio business, with the overwhelming majority of studio contracts reviewed by Nessim naming JAMS as the dispute resolution provider.

    November 30, 2015Patience Haggin
  • DJ Logic" Loses Trademark Suit
    Second Circuit Affirms Jury Instruction That Cited Only Part of Copyright Act's List of Fair Use Factors
    Ticket Sales of Just $180 Don't Bar Statutory Damages of $7,000 Per Song Infringed

    November 30, 2015Stan Soocher