Damages Soar from False Advertising About Skydiving
May 30, 2012
In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance
May 30, 2012
On April 2, 2012, Johnson Controls and certain of its excess insurers filed simultaneous motions for summary judgment on the duty to defend issue in the Milwaukee County circuit court. The outcome of these motions will be of great interest to insurers since Johnson Controls is seeking to fundamentally change the role and function of excess insurance.
Applying Technology To the Business of Health Care
May 29, 2012
Advocates for online health services have long argued that the health care-services and health care-products industries could significantly enhance its ability to deliver quality products and services to consumers by using e-commerce to improve access to, and the timeliness and accuracy of, information, delivery and purchasing pertaining to the health care-sector supply chain.
Germer Gertz Improves Productivity with Secure Document Delivery
May 29, 2012
When you send a document to someone electronically, what's your preferred tool? Do you turn to File Transfer Protocol (FTP)? Or perhaps a thumb drive? For many lawyers and legal professionals (and this won't come as a surprise), the go-to tool is e-mail. It is easy and lawyers get it. But from an IT perspective, e-mail poses many problems.
Your Tenant Is in Default, But the Entity Does Not Exist
May 28, 2012
More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.
New Drug Battle Rises in D.C.
April 28, 2012
A series of new DES cases proceeding in federal district courts in the District of Columbia and Boston is bringing a relatively untested issue in DES litigation to the forefront.