Searching Content by Neal Klausner from Davis & Gilbert ordered by Published Date Descending.
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Intellectual Property Litigation Alert >> Copying Photographs Found Online And The Fair Use Defense
Two recent federal court decisions involving a company's unauthorized use of a photograph found online illustrate how courts evaluate the fair use defense to a claim that the company infringed the photographer's copyright.
United States
19 Jul 2019
Intellectual Property Litigation Alert >> When Does "Copying" A Photograph Of A Building Constitute Copyright Infringement?
A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings ...
United States
30 Oct 2018
Litigation Alert >> New York Courts Reaffirm That They Will Not Consider Extrinsic Evidence When Interpreting Unambiguous Contracts
In a pair of recent decisions, New York's appellate courts have reaffirmed that New York courts will not consider extrinsic evidence
United States
3 Jul 2018
New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow To Consumer Class Actions Under The Act
Last month, New Jersey's highest court ruled that only persons who have suffered actual harm from violations under the state's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) ...
United States
18 May 2018
Enhancing The Likelihood Of Enforcement Of A Forum Selection Clause In An Online Contract
The court found that this design failed to encourage the customer to examine the Service Terms and Conditions.
United States
27 Mar 2018
Appeals Court Enforces Arbitration Clause In Hyperlinked Terms & Conditions
In an important decision concerning the enforceability of an arbitration clause included in a mobile app's Terms of Service, the federal appeals court in New York recently found ...
United States
9 Nov 2017
Possibility Defeats Practicality: Federal Court Of Appeals Limits Class Action Defense Regarding Infeasibility Of Ascertaining Class Members
As discussed in a previous article, in 2013 many federal courts began applying a heightened standard to the long-recognized, but largely overlooked, "ascertainability" prerequisite implicit in the Federal Rules...
United States
6 Sep 2017
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
Can an employer enforce post-employment restrictive covenants (including agreements not to compete and not to solicit customers and employees) against an employee discharged without cause?
United States
27 Apr 2017
'I Agreed To What?' – Federal Court Decision May Increase Scrutiny Of Online Terms And Conditions
Can a consumer be bound by an arbitration agreement contained in online terms and conditions by merely signing in to an Internet-connected service?
United States
15 Sep 2016
Employment Restrictive Covenants And Other Post-Employment Restrictions
This chapter discusses the use and enforcement of restrictive covenants between employers and employees.
United States
22 Aug 2016
Litigation Alert >> Internet Retailers Beware: NJ Truth-In-Consumer Contract, Warranty And Notice Act Impacts Online Terms And Conditions
New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey's broader consumer protection laws is the Truth-in-Consumer Contract...
United States
26 Jul 2016
2016 Mitigating Risk: Key Litigation Developments - Employment >> Restrictive Covenant Keys: Choice Of Law, Forum Selection Provisions
In some states, such as California, non-compete agreements essentially are unenforceable outside the sale-of-business context because of the state's strong public policy against such agreements.
United States
12 Apr 2016
2016 Mitigating Risk: Key Litigation Developments - Consumer Class Actions >> "Ascertainable" Class Members In Consumer False Advertising Actions
Consumer class action lawsuits often unfold into protracted and expensive cases, regardless of merit.
United States
12 Apr 2016
AAA Now Requires Pre-Approval And Registration Of Arbitration Clauses In Consumer Agreements, Including Website Terms & Conditions
For companies looking to avoid the often time-consuming and costly process of going to court over consumer claims, arbitration clauses have become a common feature in consumer agreements.
United States
18 Sep 2015
Restrictive Covenants For New York Employees Must Be Tailored To Comply With New York Law
On her first day on the job, Johnson was presented with a restrictive covenant agreement which had not been provided to her when she accepted her offer of employment.
United States
8 Jul 2015
Government Seizes Websites On Suspicion Of Copyright Infringement
U.S. Immigration and Customs Enforcement (ICE), a unit of the Department of Homeland Security (DHS), recently seized several websites on suspicion of posting downloadable copyrighted materials without the authority of the copyright owners.
United States
27 Jul 2011
Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar To Prove Infringement
Many advertisers use keyword advertising programs with search engines, such as Google’s AdWords, as part of their internet marketing campaigns.
United States
22 Jul 2011
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