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Features
Two recent decisions from the United States Bankruptcy Court for the Southern District of New York, affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article explains the those decisions.
Columns & Departments
Important news from Texas and New York.
The U.S. Court of Appeals for the Ninth Circuit decided there was sufficient evidence to support a jury's finding that merchandiser A.V.E.L.A. violated the Lanham Act by using the unlicensed image of Bob Marley on t-shirts and other merchandise in a manner likely to cause confusions.
Now that the first quarter of the calendar year is almost over, it is helpful to identify trends that might warrant particular attention from corporate executives and their counsel. Here are the details.
Features
In the mass tort litigation context, where one plaintiff typically brings similar claims against numerous defendants within a particular industry, the coordination of defense efforts among codefendants can be a very prudent course of action. This practice, however, is fraught with landmines that can have a devastating effect on clients and practitioners alike.
Features
A year ago, York's highest court, the Court of Appeals, appears to have redefined and narrowed the limits of what distinguishes a license from a lease by expanding the scope of what may be deemed a license. In doing so, the court adopted an approach it had never previously used in such cases.
Features
An anonymous <i>pro se</i> defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.
Features
The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.
Features
In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.