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Wearable Fitness Tracking Devices
In last month's newsletter, we discussed the boom in the sale and use of the new wearable fitness tracking devices and the fact that litigation over their perceived failings was likely to follow. Now, we turn to a third such lawsuit, this one against Fitbit.
Case Notes
A look at a case in which a husband forfeited his spousal share of the marital estate.
Second Circuit Asks NY Ct. of Appeals To Answer Pre-1972 Recordings Issue
The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"
Bit Parts
Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States<br<Universal Pictures London-Based Affiliates Not Subject to Personal Jurisdiction in Missouri in Litigation over Distribution Deal
Med Mal News
Review of a case in which another health care worker was indicted for stealing opioids at work.
Case Notes
Examination of a case in which a landlord was not obligated to repair a roof.
Admissibility of Evidence Obtained From Facebook
This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.
Trans-Jurisdictional Transactions
This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.
W.D.N.Y.: Insurer Must Defend Claim Despite Its Being Pleaded Under a Contract Theory
In an interesting ruling last year from the U.S. District Court for the Western District of New York, the court applied New York law in rejecting an insurer's attempt to deny coverage when the insured faced an underlying liability claim arising out of its provision of adulterated apples that were used to make baby food.
Eminent Domain Law
Discussion and analysis of a case involving trade fixtures.

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