Jeffrey Warshafsky on Corporate Counsel

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

9/6/2024 / CA Supreme Court , CIPA , Corporate Counsel , Eavesdropping , Personally Identifiable Information , Popular , Song-Beverly Credit Card Act , TCPA , Technology , Tracking Systems , VPPA , Wiretapping

Plead Your Case, Not Your Secrets: A Discussion of Recent Trade Secret Complaints

Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough...more

5/3/2024 / Corporate Counsel , Defend Trade Secrets Act (DTSA) , Failure To State A Claim , Intellectual Property Litigation , Intellectual Property Protection , Misappropriation , Pharmaceutical Patents , Trade Secrets

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision

This past Friday, the Second Circuit reversed a lower court’s denial of a motion to compel arbitration in a putative consumer class action against fintech company Klarna. Edmundson v. Klarna, Inc., Case No. 22-557-cv (2d...more

11/7/2023 / Arbitration , Auto-Renewal , Corporate Counsel , FinTech , Mandatory Arbitration Clauses , Motion to Compel , Putative Class Actions , Subscription Services , User Agreements

Judges Toss Plain “Vanilla” Deceptive Labeling Claims

The beverage industry came out on top in a pair of recently dismissed lawsuits alleging the use of the term “vanilla” on drink labels was misleading, where the vanilla flavor allegedly did not come exclusively from the...more

1/11/2021 / Beverage Manufacturers , Class Action , Corporate Counsel , False Advertising , Food Labeling , Food Marketing , Product Labels , Unfair or Deceptive Trade Practices

The RealReal Falls Seven Bags Short of 100% Compliance with Advertising Claims

Judge Vernon Broderick of the U.S. District Court for the Southern District of New York recently decided a motion to dismiss by luxury consignment goods reseller The RealReal (“TRR”) in an action brought by famous French...more

4/8/2020 / Advertising , Corporate Counsel , False Advertising , Fashion Industry , Lanham Act

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

7/2/2019 / Appeals , Calculation of Damages , Corporate Counsel , Damages , Disgorgement , Fashion Design , Patent Infringement , Patent Litigation , Patents , Profits , Remand , Romag Fasteners v Fossil , SCOTUS , Split of Authority , Trademark Infringement , Trademark Litigation , Trademarks , Willful Infringement

Second Circuit Affirms Preliminary Injunction of "Identical" Gray Goods

Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by...more

11/28/2016 / Abbott Laboratories , Corporate Counsel , Healthcare , Lanham Act , Medical Supplies , Pharmaceutical Industry , Preliminary Injunctions , Trademark Infringement , Trademark Litigation , Trademarks

Jeffrey Warshafsky

Proskauer Rose LLP

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