Court Awards Franchisor Attorneys' Fees in Trademark Infringement Action Against Competitor
- August 02, 2015Cynthia M. Klaus and Bryan Huntington
For a physician or other health care defendant, being sued for medical malpractice is stressful. The saving grace for many is the financial safety net of liability insurance to cushion the blow and avoid monetary ruin for a physician or hospital. However, every net ' including a safety net ' has holes.
August 02, 2015Kevin M. QuinleyIn early June, the Supreme Court issued its decision in EEOC v. Abercrombie. The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
August 02, 2015Veena IyerA look at legislation in Texas and New York.
August 02, 2015ALM Staff | Law Journal Newsletters |Signing, dating and keeping a record of a paper contract are standard practice. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
August 02, 2015Brian PowersMore than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in Garcia v. Google that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting en banc has rejected the panel's decision.
August 02, 2015J. Alexander LawrenceThe Northern District of California is dubbed the "Food Court" for the hundreds of false-advertising, food-labeling class actions filed there in recent years, now averaging one per week. These lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural."
August 02, 2015Joseph Di SalvoInformation governance requires a firm-wide approach for managing and protecting client information. By taking a proactive approach and laying out the business case through the measurement of the return on investment of information governance, law firms realize significant savings, improve client service and minimize risk.
August 02, 2015Nancy BeaucheminAlthough seemingly dry, the few cases heretofore that have confronted questions surrounding misrepresenting takedown notices have contained facts that are arguably ripped from the tabloids, including a bitter dispute between bloggers over the proper method of childbirth, and a kerfuffle arising from the wider publication of the views of a pro-straight pride organization in the U.K.
August 02, 2015Richard Raysman and Peter BrownDiscrimination claims based upon an employer's failure to promote or hire remain among the more difficult claims for employees. Employees seeking to demonstrate discriminatory animus must demonstrate both comparable qualifications to the selected candidate and pretext in the decision-making process.
August 02, 2015Sid Steinberg

