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Features

Supreme Court Rules on Standing In False Advertising Cases Image

Supreme Court Rules on Standing In False Advertising Cases

Tiffany R. Brown

Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, 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.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Discussion of a case in which a landlord was not entitled to recover fees.

Features

When Med Mal and Mass Tort Claims Overlap Image

When Med Mal and Mass Tort Claims Overlap

Jonathan B. Acklen

Medical malpractice litigation is often complex, in-depth, and issue-heavy. Mass tort litigation is the same. What happens when those two areas of practice converge during the course of a case?

The Ever Shifting Landscape in Prescription Drug Design Defect Litigation Image

The Ever Shifting Landscape in Prescription Drug Design Defect Litigation

Andrew K. Solow, Evan Anziska & Daniel Meyers

Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.

Features

Lease Accounting Project Image

Lease Accounting Project

William Bosco

Following their recent meetings in March, the FASB and IASB remain at odds on the key issue of how lessees should account for all leases once they are recognized on a balance sheet.

Reimbursement of Advance Benefits Image

Reimbursement of Advance Benefits

Shaundra M. Schudmak

Insurance companies are often required to decide whether to pay benefits under the policy before sufficient information is known about the claim to determine whether there will ultimately be coverage. So, what happens if it is later discovered that payments were made for non-covered claims?

Update on <i>Authors Guild v. Google Books</i> Image

Update on <i>Authors Guild v. Google Books</i>

Jan Wolfe

Some commentators think the U.S. Court of Appeals for the Second Circuit has already signaled its approval, albeit indirectly, of Google Inc.'s effort to digitize the world's books. After seven years of crusading against Google's book project, the Authors Guild has tapped a new legal team and asked the court for a straight answer.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

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

Features

Enhance Your Firm's Compensation System Image

Enhance Your Firm's Compensation System

Joel A. Rose

A list of compensation criteria that are considered by most firms when setting partner compensation.

Features

Mob Wives Star's Suit Sparks New Look at NY Publicity Rights Image

Mob Wives Star's Suit Sparks New Look at NY Publicity Rights

Elizabeth McNamara & Samuel M. Bayard

Earlier this year, former <i> Mob Wives</i> TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the <i>Grand Theft Auto V</i> 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?

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