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Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

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Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...more

A&O Shearman

Federal Circuit Reverses § 101 Summary Judgment Of Invalidity, Holding That Describing Claims At High Level Of Abstraction And...

A&O Shearman on

On September 9, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the U.S. District Court for the Northern District of California’s decision finding asserted claims invalid under 35 U.S.C. §...more

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

A&O Shearman on

The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

A&O Shearman

Northern District Of Texas Allows Claims Alleging “Scheme” Liability Securities Fraud To Proceed Against Oil Company

A&O Shearman on

On August 12, 2024, Judge David C. Godbey of the United States District Court for the Northern District of Texas denied a motion for judgment on the pleadings in an action alleging that an oil company (the “Company”) and a...more

A&O Shearman

Fourth Circuit Affirms That Continuing Violation Doctrine Does Not Preserve Time-Barred Antitrust Claims Without “New” Harm Or...

A&O Shearman on

On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more

A&O Shearman

Eighth Circuit Reverses Jury Verdict For Aiding And Abetting Ponzi Scheme, Holding That In Pari Delicto Defense Barred Bankruptcy...

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On September 12, 2024, the United States Court of Appeals for the Eighth Circuit reversed a trial court decision that had rejected a bank’s assertion of the in pari delicto defense to aiding and abetting claims brought by the...more

Mintz - Employment Viewpoints

The Massachusetts Supreme Judicial Court Clarifies Rules on Benefit Accrual During PFML

On September 13, 2024, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that the Massachusetts Paid Family and Medical Leave Act (the “Act”) does not guarantee the accrual of benefits such as sick leave, vacation...more

A&O Shearman

Second Circuit Dismisses Rule 10b-5 Claims Based On Pure Omissions Theory Following Remand From The United States Supreme Court

A&O Shearman on

On August 19, 2024, the United States Court of Appeals for the Second Circuit dismissed, on remand from the United States Supreme Court, putative class action claims brought under Section 10(b) of the Securities Exchange Act...more

A&O Shearman

The Newly Proposed RESTORE Patent Bill Aims To Give Patent Owners More Power

A&O Shearman on

On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of...more

McDermott Will & Emery

Colorado AG Proposes Draft Amendments to the Colorado Privacy Act Rules

McDermott Will & Emery on

On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more

Bradley Arant Boult Cummings LLP

California Bans Most Hemp Products and Illuminates Battle Between Hemp and Marijuana Businesses

What if I told you that California of all places – where virtually any adult can purchase marijuana on demand – was trying to harsh the mellow of citizens trying to access certain hemp-derived products? On the next 30 for 30,...more

White & Case LLP

United States Finalizes Section 301 Tariff Increases on Imports from China

White & Case LLP on

On September 13, 2024, the United States Trade Representative (USTR) announced the final Section 301 tariff increases on imports from China,1 following its original proposal in May 2024. Electric vehicles, electric vehicle...more

Bennett Jones LLP

B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

Bennett Jones LLP on

Whether a strata corporation has the standing to bring representative Real Estate Development Marketing Act, SBC 2004, c 41 (REDMA) claims on behalf of owners has been a long-standing issue in strata property law. The B.C....more

Allen Matkins

California May Soon Define "Corporation" To Include That Are Not Corporations

Allen Matkins on

The California Corporations Code is a misnomer.  While the Corporations Code does in fact govern corporations, it also governs a wide variety of unincorporated entities, including general partnerships, limited partnerships,...more

A&O Shearman

Your Data Act queries answered: the European Commission publishes FAQs

A&O Shearman on

On 6 September 2024, the European Commission published a set of frequently asked questions (FAQs) on Regulation (EU) 2023/2854 on Harmonised Rules on Fair Access to and Use of Data (the Data Act). More detail can be found in...more

Paul Hastings LLP

California Privacy Protection Agency (CPPA) to Businesses: Avoid Dark Patterns

Paul Hastings LLP on

On September 4, 2024, the California Privacy Protection Agency (CPPA) issued an Enforcement Advisory on the importance of avoiding dark patterns. As we have previously written, dark patterns were first addressed in detail in...more

Proskauer - New Media & Technology

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

Freiberger Haber LLP on

In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

Jenner & Block on

In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

Sheppard Mullin Richter & Hampton LLP

CFPB Cracks Down on Credit Services Provider for Gouging and Trapping Consumers

On September 13, the CFPB filed a complaint against a nonbank corporation and its CEO, alleging that the company engaged in deceptive and abusive acts through misleading advertising and unjustified, exorbitant fees related to...more

Holland & Knight LLP

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

Holland & Knight LLP on

California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should...more

Lathrop GPM

Ohio Appellate Court Reverses Summary Judgment Holding Regarding Applicability of Area Representative Agreement to Individuals

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An Ohio appellate court, reversing a summary judgment decision, recently held that the “full-time efforts” section of an Area Representative Agreement was applicable only to the area representative entity and not the...more

Allen Matkins

Is Your Directors And Officers Liability Coverage Illusory?

Allen Matkins on

Many corporations pay significant amounts for directors and officers liability policies.  Commonly referred to as D&O policies, these policies usually involve three sides.  Directors and officers are likely to have the most...more

Lathrop GPM

Michigan Federal Court Grants Franchisor’s Motion for Preliminary Injunction Against Former Restoration Service Franchisee

Lathrop GPM on

A federal court in Michigan has granted a franchisor’s motion for preliminary injunction against former franchisees for violating the franchise agreements’ post-termination noncompete provisions. 1-800 Water Damage Int’l LLC...more

Burr & Forman

That’s the Way the Cookie Crumbles

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Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

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