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Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases
Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of attorneys’…more
Doping Tests and Privacy Rights in Spain: a Key Court Decision
No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution of fraud in…more
Speak Up or Pay Up: Lessons from GM
The now infamous General Motors mea culpa, which followed the automotive giant’s recall of almost six million cars, has brought the importance of a “speak up culture” front and center. As part of the company’s long road to redemption…more
7th Circuit (Easterbrook) Reminds that Comcast v. Behrend Does Not Require Proof of Classwide Damages
This installment of the Hoosier Litigation Blog continues the discussion of whether the Supreme Court's decision in Comcast Corp. v. Behrend requires proof of classwide damages…more
Children Detained at the US Border are Not Easy to Deport Under US Law
Many Americans believe that the crisis of children at the US Border should be handled by quickly deporting at least a substantial portion of the children. However, a high percentage of the children detained will apply for Asylum, and…more
Supreme Court: FDCA Compliance Does Not Bar Lanham Act Claims
POM Wonderful LLC v. Coca-Cola Co. - In a unanimous decision, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Ninth Circuit ruling that the Food, Drug, and Cosmetic Act (FDCA) and its…more
D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"
AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed internet…more
Inferring Trade Secret "Use" Based on the Potential for Harm
Aspen Tech., Inc. v. M3 Tech., Inc. - Addressing the question of what constitutes “use” of a trade secret absent direct evidence, the U.S. Court of Appeals for the Fifth Circuit upheld the jury’s finding of trade-secret…more
MiLoG verabschiedet: Auswirkungen auf Arbeitszeitkonten und Wertguthaben
Auch der Bundesrat hat nun zugestimmt: Das Gesetzespaket zum Thema Mindestlohn ist damit verabschiedet. Dennoch bleiben Fragen für die Praxis, beispielsweise wie sich der Mindestlohn mit Arbeitszeitkonten und Wertguthaben vereinbaren…more
IP Quarterly - Summer 2014
In This Issue: - Supreme Court Hears Six Patent Cases This Term - Is Implied License the New Fair Use? - Navigating the Murky Waters of the Domestic Industry Requirements in the International Trade…more
Looking for Illinois Insurance Case Law? One-Stop Shopping
If you are not using the Insurance Case Law Index regularly to check on Illinois insurance cases, you are missing out on a great resource. Now summarizing over 1,890 Illinois state and federal case citations, holdings and summaries…more
Online Privacy: Friend or Foe to the American Public?
A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications for such…more
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