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Doctrine, Doctrine … Give Me the News

There are approximately 500 legal doctrines referenced in Black’s Law Dictionary. And there are more where those came from. Legal doctrines – many of which originated before the United States was in existence – routinely...more

Three Stripes and You’re Out: adidas Seeks to Protect its Mark

On March 17, 2017, athletic apparel giant, adidas, filed suit against Juicy Couture, Inc. asserting trademark infringement and unfair competition claims. The case is styled adidas America Inc. et al. v. Juicy Couture Inc.,...more

Puff … Puff … Sue? Distinguishing an Aggressive Sales Pitch from an Actionable Misrepresentation

Everyone’s heard it before: “This is the best phone on the market!” “There’s no faster internet anywhere!” “Best looking car you’ll see on the road!” “X Co. has the greatest brains behind it!”...more

1/20/2017  /  Advertising , FTC , Misrepresentation , Puffery

Anything is (Im)Possible: Applying the “Impracticability” Defense to the Tennessee Wildfires

The nation recently watched the unfortunate wildfires that overtook Gatlinburg, Pigeon Forge and the Great Smoky Mountains in East Tennessee. The unstoppable flames engulfed those beautiful towns and mountains and left ashes...more

Arbitration Agreements: Make Your Own Rules of Civil Procedure

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

False Advertising? Not if Just One Expert Says It’s Not.

The United States Court of Appeals for the Fourth Circuit recently held that “a manufacturer cannot be liable for false advertising so long as at least one qualified expert opines that the representations made are truthful,...more

Careful What You Wish For: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules

Most lawyers are fully aware of the “American Rule” – a generally universal rule of law (in the United States anyway) which provides that, absent specific authority granted by statute or a contractual agreement, a litigant is...more

1/30/2015

I Want My Selfie Back!!!

Over the last week, several high profile celebrities (e.g., Jennifer Lawrence and Kate Upton) have reportedly become the latest victims of internet privacy rights violations. In those cases, hackers supposedly obtained...more

I Want My Selfie Back!!!

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Is There A Right To Be Forgotten? The Court of Justice of the European Union Says “Yes”.

Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that...more

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