Litigation

Until the Supreme Court's recent decision in Lexmark International v. Static Control Components, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.

Copyright Infringement Damages Not Dischargeable in Bankruptcy
Verbal Partnership May Have Existed to Develop MSNBC's The Ed Show

Earlier this year, former Mob Wives TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the Grand Theft Auto V video game, claiming they misappropriated her image and life story for a character in the popular video game. This case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators to draw on real-life individuals and events to create expressive works?

Making the judge happy will help you be more effective at trial. If you follow the rules and procedures, and help the trial run smoothly, the judge may listen to you better and credit your argument.

The amount of data a company generates grows with each passing day. It is important to develop strategies to reduce the amount of data subject to discovery obligations while staying current with legal and technology trends. A strong partnership with a vendor and law firm using sophisticated data review and collection techniques is essential to navigating the discovery minefield in a cost-effective way that is also defensible and fully documented.

Forum-selection clauses are commonly used in agreements for e-commerce websites. These clauses represent a very important risk management provision. On Dec. 3, 2013, in a 9-0 decision written by Justice Alito, the U.S. Supreme Court rendered a very significant ruling relating to the proper procedures for enforcing forum-selection clauses. In this article, we will discuss these procedures.

The U.S. Supreme Court on April 29 appeared reluctant to give police sweeping authority to search the full contents of smartphones without first obtaining a search warrant from a judge.

Hardship Waiver for Pine Barrens Development Upheld