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Amicus Decries “Tortification” Of Contract Law

In For Executives, This May Have Been The Most Frightening Holding Of 2013, I wrote about the Court of Appeal’s decision in Asahi Kasei Pharma Corp. v. Actelion Ltd., 222 Cal. App. 4th 945 (2013). Readers may recall that...more

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring the...more

Focused On Franchise Law - October 2013

FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more

What Happened to the Libor Scandal?

No longer headline news, you may be wondering… “What happened to the Libor scandal?” Answer: It is not gone, and the residual effects remain unresolved. To date, at least a dozen international banking institutions still face...more

Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent Infringement Cases

A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case, FindTheBest.com, Inc. v....more

California Supreme Court Creates New Penalty For First Party Bad Faith Claims Handling

The California Supreme Court in its recent decision in Zhang v. Superior Court, 2013 Cal. LEXIS 6520 (August 1, 2013), considered whether alleged bad faith in handling a first party claim could support a cause of action...more

Florida District Court Orders Disgorgement Of Profits From Unfair, Deceptive Online Payday Loan Referral Practices

On July 18, the U.S. District Court for the Middle District of Florida held that an online payday loan referral business engaged in unfair and deceptive billing practices and failed to provide adequate disclosures to its...more

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted...more

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

FTC Order Against Fraudulent Payment Processor Joins Growing List of Regulatory Actions Involving Third Party Service Providers

Following on the heels of significant regulatory actions by the Consumer Financial Protection Bureau, Federal Reserve, and the FDIC against regulated companies and their third-party service providers, the Federal Trade...more

Risk Management (March 2013) - The New Rules of Consumer Protection: Six Steps for Banks to Manage Third-Party Compliance Risk

Financial services firms now routinely contract outside companies to market new services that these institutions did not develop internally, such as investment and insurance options. More than ever, third parties are...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

The Bad Faith Sentinel - August 2012

IN THIS ISSUE: - Texas Court of Appeals: Trial Court Must Sever Breach of Contract and Bad Faith Claims Following an Insurer’s Offer to Settle pages 1 - 2 - Third District Court of Appeals of Florida Holds that...more

Alaska Supreme Court Broadens Scope of Unfair Trade Practices Liability for Businesses’ Representations Concerning Their Goods

On March 30, 2012, the Alaska Supreme Court significantly expanded the scope of Alaska’s Unfair Trade Practices Act (“UTPA”) in a manner that will increase the risk of liability for businesses that make representations about...more

FTC Announces First Actions Against Auto Loan Modification Schemes

On April 4, the FTC released complaints filed recently against two operations allegedly engaged in deceptive auto loan modification schemes. According to the FTC, the two companies and several related individuals instructed...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

New Jersey Supreme Court to Decide on Whether Consumer Fraud Act Was Properly Applied in Context of Commercial Dispute

In my prior blogs (employmentandconstructionlawupdate.blogspot.com) I’ve covered the dramatic changes in the law of late, where the New Jersey state courts have applied the New Jersey Consumer Fraud Act in any number of...more

Federal Court Finds Allegations of "Bad Faith" in Sprinkler License Agreements to be "Vox Clamantis in Deserto"

On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company's ("Toro") motion to dismiss plaintiff Digital Sun's ("Digital")...more

Recent M&A Trends & Developments—December 2009

M&A Trends & Developments Overview: *Trends: Down Market Issues *Tougher Antitrust Environment *Increased M&A Litigation *Fiduciary Duty Issues *Business Judgment Rule Affirmed, MAC Out Clause Developments, “Just Say...more

Advertising Law - December 22, 2009

IN THIS ISSUE: *Formula Maker Wins $13.5 Million in False Advertising Suit *Feds Delay New Online Betting Payment Ban *Court Deletes Spam Suit Against Online Ad Company *FTC to Weigh Support of News Industry Please...more

Dixon v. Herman

Appellants' Reply Brief

This reply supports appellants' original brief seeking reversal of summary judgment granted on breach of contract, breach of warranty, deceptive trade practices, and fraud claims arising from the sale of a show...more

Second District Court of Appeal Confirms That Plaintiff Must Prove Reliance When Bringing Misrepresentation Claim Under UCL, FAL...

In the recently issued decision Princess Cruise Lines, LTD v. Superior Court, plaintiffs sued Princess Cruise Lines, Ltd. (“Princess”) over charges added to the price of shore excursions taken during a cruise. They alleged...more

Advertising Law - November 16, 2009

IN THIS ISSUE: *Chamber of Commerce Sues Parody Site *Agency Sues Over Brand Integration Idea *Internet Airing Helps Settle Monster Lawsuit *Iconix Settles COPPA Complaint for $250,000 *Ad Shop Goes After Fake...more

Dixon v. Herman

Appellants' Brief

This is an appellate brief seeking reversal of summary judgment granted on breach of contract, breach of warranty, deceptive trade practices, and fraud claims arising from the sale of a show horse. Please see full brief...more

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