Searching Content indexed under Litigation, Mediation & Arbitration by Davis & Gilbert ordered by Published Date Descending.
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Patents >> Patent Troll Suits Down, Not Out In 2018
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress
United States
18 Jul 2019
Entertainment >> Right Of Publicity And The Rise Of True Crime
Among the many high-profile entertainment industry headlines in 2018, one case in particular stands out for its impact on the rising trend of "true crime" entertainment.
United States
17 Jul 2019
Labor & Employment Alert >> New York State Legislation Significantly Expands Workplace Harassment Protections
In June, the New York State Legislature approved a bill that will effect sweeping changes to New York's laws protecting employees from harassment, discrimination and retaliation in the workplace.
United States
16 Jul 2019
Trademark License Rights Survive Rejection in Bankruptcy
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
United States
18 Jun 2019
Watch Out For Madden v. Midland Risks In Education Lending
When the Illinois court ruled on the motion to dismiss on this question of preemption in 2017, the court looked to the Second Circuit's decision in
United States
20 May 2019
Labor & Employment Alert >> California Employee Non-Solicitation Provisions Face Unpredictability
In late 2018, the Court of Appeal for California's Fourth Appellate District reached a concerning decision for employers with restrictive covenant agreements in California.
United States
26 Mar 2019
When An Act Is Not A Disclosure, States Win The Preemption Battle
Like Ali v. Frazier II and III, it's not much of a rivalry if one side keeps winning the decision.
United States
23 Jan 2019
Do Makers Of Children's Connected Toys Need A Time-Out To Comply With COPPA?
Ask a parent about their biggest concern when it comes to having their young children log too much screen time on tablets ...
United States
18 Dec 2018
As Less Enforcement Leads To More Lawsuits, We Speak To Education Loan Finance On Ways Lenders And Servicers Can Avoid Future Issues
Although there's been much talk of an epic battle between states and the federal government that will determine the scope of federal preemption in the student loan space,
United States
18 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
Subprime Residential Mortgages And RMBS In 2018: A Tale Of Two Cycles
Litigation related to pre-financial crisis subprime mortgage lending and securitization has resulted in a decade-long hangover for many of those who participated in the boom times.
United States
30 Jan 2018
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
Is a class action lawsuit appropriate when some class members have consented to the defendant's conduct, but have not given that consent in the manner the law requires?
United States
17 Jan 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
Financial Institution Lawsuits Against Equifax Tempt Consumer Backlash
The massive data breach at Equifax has quickly spurred a number of lawsuits on behalf of consumers. That was to be expected.
United States
13 Oct 2017
First Circuit Requires Identifiable Injury For Claims Asserting Deceptive Retailer "Compare At" Prices
Consumer class actions alleging that retailers are using deceptive comparison pricing tactics online and in stores are becoming increasingly common under state consumer protection statutes...
United States
25 Sep 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
Trouble In Patent Troll Paradise?
Recent Supreme Court decisions will likely curb actions by non-practising entities, say Marc J Rachman, and Devin A Kothari.
United States
30 Aug 2017
The CFPB's Ban On Mandatory Arbitration – Betting Better Behavior By Banks Will Offset Considerable Consumer Costs
It's been getting tougher for anyone to mount strong opposition to the Consumer Financial Protection Bureau's (CFPB) rule banning mandatory arbitration clauses after news broke of more misdeeds...
United States
22 Aug 2017
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