Searching Content indexed under Trials & Appeals & Compensation 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
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
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
When Is A "Firm Offer" Really Firm When Negotiating Talent Agreements? When The Term Sheet Says So
In talent contract negotiations, the talent's agent often insists on what is commonly referred to as a "firm offer" to ensure that the negotiations are not just speculative.
United States
13 Jun 2017
Breach Of Contract Claims Allowed For Alleged Open Source License Violations
An open source license is a type of license for software that imposes fewer use restrictions than a standard proprietary license.
United States
24 May 2017
Courts Begin To Rein In Scope Of New Jersey Truth In Consumer Contract, Warranty And Notice Act
Recent cases may suggest a shift in courts' views on New Jersey's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).
United States
17 May 2017
Advertising, Marketing & Promotions Alert >> Amazon, FTC Withdraw Appeal Of Decision Holding Amazon Liable For Billing Parents For Children's Unauthorized In-App Charges
Nearly three years after the Federal Trade Commission (FTC) first charged that Amazon had unlawfully billed parents for millions of dollars in children's unauthorized in-app charges...
United States
3 May 2017
Self-Regulation Meets Self-Mediation
Revisions to the challenge and appeal process recently introduced by the National Advertising Division of the Council of Better Business Bureaus are making proceedings before the NAD considerably more efficient...
United States
19 Apr 2017
Patent Troll Cases Unlikely To Drop Significantly
The statistics are striking. "Patent trolls" (companies that do not create products or services based on their patents, but instead use patents to extort license fees) are continuing to file large numbers of patent infringement lawsuits...
United States
19 Apr 2017
Can Anyone Be Happy Together After Sirius XM Copyright Decision?
Flo & Eddie Inc., the owner of the sound recordings such as "Happy Together" created by the 1960s band The Turtles, brought suit against Sirius XM on behalf of itself and a class of pre-1972...
United States
19 Apr 2017
Courts, Not Congress, Are Resolving Copyright Issues
The most significant developments in U.S. copyright law will be coming from the courts and not elected officials this year, continuing a trend from 2016.
United States
19 Apr 2017
NAD Decision On Challenge To Wegmans' In-Store Point Of Sale Displays Offers Guidance On Grocery Store Price Advertising
A decision by the National Advertising Division (NAD) on a challenge by Costco Wholesale Corporation to in-store point of sale display advertising by Wegmans Food Markets, Inc.
United States
12 Apr 2017
Claims Against Navient Echo Problems With Subprime Mortgage Loan Servicers
Just as industry-wide litigation and investigations targeting subprime mortgage servicers began with lawsuits against the industry's largest players...
United States
7 Mar 2017
$500 Million Oculus Verdict Highlights Litigation Risks For Emerging Tech Companies
The decision by a federal jury in Dallas, Texas, to award $500 million to the plaintiffs in a case involving VR technology – despite the jury's conclusion that the defendants had not misappropriated...
United States
7 Mar 2017
Gambling And Lottery Risks Are Highlighted By New York City Marathon Lawsuit And Settlement
The legal issues raised by the lawsuit, however, will certainly continue well into the new year – and beyond.
United States
15 Dec 2016
Second Circuit Affirms Ruling Holding Affiliate Marketing Network Liable For Its Affiliates' False Claims
The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court's decision in Connecticut holding the operator of an affiliate marketing network liable for deceptive practices by the third-party...
United States
19 Oct 2016
'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
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