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Whether operated by a franchisor or a franchisee, contests involving skill or games of chance aimed at consumers are often an integral part of a promotional and brand-building effort. This article sets forth some key legal and practical issues you should consider when operating a promotion.

Supreme Court Sharpens 'Cat's Paw' Liability

In its recent unanimous decision in Staub v. Proctor Hospital, the U.S. Supreme Court both recognized the concept of "cat's paw" liability in employment discrimination cases ' and sharpened its claws.

New Regulations for Service Providers

Last year, the DOL issued interim final regulations under ERISA Section 408(b)(2) that impose new disclosure requirements on "covered service providers" providing services to specified pension plans subject to ERISA. And that's not all.

The Battle over Food-Related Liability

Part One of this article in last month's issue discussed the litigation faced by manufacturers and purveyors of food. Part Two herein addresses the relevant legislation.

Toyota Recalls Crisis Update

The Congressional and NHTSA investigations of Toyota may be finished, but the litigation surely is not ... there are, for instance, over 100 consolidated class actions and product liability cases in federal court alone.

Practice Tip: Lost Earning Capacity of Undocumented Workers

Currently, undocumented aliens injured on the job in the U.S. may recover damages for lost earning capacity, but this area of law is in flux. Here's what you need to know.

The Growing World of Nanotechnology

The increasing use of nanotechnology, and the strong opinions of its proponents and detractors, suggest that nanotechnology could become the focus of governmental regulation or meaningful litigation in the very near future.

BREAKING NEWS: Jury Awards MGA $88.5 Million in Bratz Doll Retrial

A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.

Up Against a Chinese Drywall

This article provides an update on the Chinese drywall investigation as well as a summary of significant insurance coverage decisions to date.

Expanding Retailers Purchase Multiple Leases

With many opportunities in the marketplace to purchase real estate leases and other assets associated therewith, attorneys need to make sure they are ready to deal with a request from a client to purchase leases.

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Blockchain Domains: New Developments for Brand Owners
Blockchain 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.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why 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?
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Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
Although 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.
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The Cold War Between NCAA And States Over Athletes' NILs
Over 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.
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When Is a Promise Enough?: Contractual Duties and Insider Trading
Two 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.
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