Columns & Departments
Bit Parts
Batman Film's Fictional Software Doesn't Confuse Consumers as to Plaintiff's Trademark<br>Excessive Management Term, Commission Make Any Debts Artist Might Owe Manager Dischargeable Through Bankruptcy<br>Federal Court Backs BET's Role in Shutdown of Fan-Developed Facebook and Twitter Accounts for TV Series
Features
Avoiding FCPA Liability by Tightening Internal Controls
Tightening up internal controls and putting in place an effective compliance program are crucial for lessening or even eliminating FCPA exposure -- and subsequent huge fines. The primary elements of an effective compliance program are discussed in this article.
Columns & Departments
NJ & CT News
News of interest from neighboring states.
Features
New Jersey Manufacturers and Punitive Damages
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
The Calm Before The Storm Is the Time to Consider Insurance Coverage
An overview of two common insurance-related considerations that may assist companies to maximize insurance recoveries in the wake of the next major storm event or other natural disaster.
Features
Post-Employment Retaliation
This article, discusses the ways in which courts have traditionally examined post-employment retaliation claims, and provides insight into how a court (or board) is likely to rule when an employee brings claims under two of the most widely utilized whistleblower protection statutes ' the Sarbanes Oxley Act (SOX) and the False Claims Act (FCA).
Features
NLRB: McDonald's Is Joint Employer With Franchisees
Richard Griffin Jr., general counsel of the NLRB, brought a new meaning to the phrase "Big Mac Attack" that could frighten franchisors across the country by threatening to jointly charge McDonald's USA over alleged workplace violations at its franchisees' stores. And his expansion of parent liability could spread beyond fast-food chains to other industries.
Features
Supreme Court's <i>Troice</i> Has Important Risk Management Implications
On Feb. 26, the U.S. Supreme Court decided <I>Chadbourne & Parke v.Troice</I>, holding that SLUSA does not preclude state law class actions where the plaintiffs allege that they purchased uncovered securities that the defendants said were backed by securities listed on a national exchange ' a misrepresentation.
Features
Proactive Trust Planning to Protect Your Clients
Planning for trusts has evolved substantially over the years. "Modern" trusts are more comprehensive, flexible and protective than those that were more typically completed only a few short years ago. Understanding the characteristics of modern trust drafting is critical to achieving better protection for clients.
Columns & Departments
Court Watch
Appellate Court Finds Franchisor is not Employer For FLSA Purposes <br>Second Circuit Upholds Auto Dealer Termination Without Opportunity To Cure
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front LinesAlthough pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.Read More ›
- The Cold War Between NCAA And States Over Athletes' NILsOver the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.Read More ›
- When Is a Promise Enough?: Contractual Duties and Insider TradingTwo criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.Read More ›