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Features
During his speeches and testimonies before the Senate, SEC Chairman Paul Atkins has retreated from the expansive “regulation by enforcement” approach of former SEC Chairman Gary Gensler and clarified that “policymaking will be done through notice and comment rulemaking.”
Features
When Duracell filed suit against Energizer alleging that Energizer falsely claimed its “Energizer MAX lasts 10% longer than Duracell Power Boost,” the case seemed like just another round in the long-running rivalry between the Copper Top and the Energizer Bunny. But the lawsuit demonstrates that even the strongest brands in parity categories struggle to remain meaningfully different when the underlying technology is essentially the same.
Features
When you compete on claims no one can verify, you risk losing the only thing that matters: the belief that your brand is worth the premium.
Columns & Departments
Second Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination
Features
Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.
Features
The U.S. Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement. This judicial recognition of mounting criticism of the influential test appears to invite a challenge to overrule it in favor of a new test.
Features
New York City laws and regulations relating to buildings provide for many different fees and charges payable to the city which can become liens on the property. While most of these liens will be subordinate to prior recorded mortgages and thus extinguished in a mortgage foreclosure, that is not universally the case,
Features
Many, but not all, professional associations have a class of membership for people and businesses not holding a license to practice in the field yet do provide services frequently used by members of the profession.
Features
The FTC’s decision to abandon the Rule does not mean non-compete agreements will escape scrutiny under the Trump Administration. The agency has indicated a willingness to look for broad industry-wide issues in non-compete agreements.
Features
The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.
