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Avatar Wins Against Another Copyright Owner… in an Unusual Manner

A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more

FTC Consent Order Creates Uncertainty for Advertising of Credit, Lease Offers

A recent Federal Trade Commission (FTC) consent order with two Ohio auto dealers creates uncertainty not only for auto dealers, but also for all other businesses advertising credit or lease offers. The order settled...more

Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires

Remember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of...more

EU & Competition Law Update – June 2016

BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more

Text on the Dotted Line: A Text Message Can Create a Binding Contract

Here’s another story in the “It never gets easier” file. The Massachusetts Land Court recently decided a case that perhaps we should have all guessed was coming. This is the above the fold headline: Text...more

Brumley Heirs Win Fight over Rights to Old Gospel Song *WEB ONLY**

Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded that four siblings could use their right to terminate the transfer their...more

Nike Voluntarily Dismisses Closely Watched Lawsuit Against Olympic Hopeful

Nike has voluntarily dismissed a lawsuit it had filed against middle-distance runner and Olympic hopeful Boris Berian. At issue was whether Berian breached an endorsement agreement with Nike when—after the agreement’s...more

Did Aereo Open The Door To Compulsory Licenses?

After the U.S. Supreme Court’s ruling in ABC v. Aereo Inc., 134 S.Ct. 2498 (2014), that Aereo’s internet retransmission service was “substantially similar” to cable, and therefore violated the Transmit Clause of the Copyright...more

Legal Advice Or PR Plan? A Pertinent Privilege Conundrum

The ever-expanding scope of what constitutes the “press” creates new issues for companies and their counsel dealing with disputes that either are in or will develop into litigation. Routine corporate disputes that received no...more

How Binding Is Your Browsewrap Agreement?

Anyone who has purchased a product online or downloaded software for a computer, tablet or mobile device has likely encountered “browsewrap” and “clickwrap” agreements. Such agreements are the bread and butter of companies...more

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

The beginning of the end for national TV boundaries?

On 22 April 2016, the European Commission (“EC”) invited industry comment on the commitments proposed by Paramount Pictures International Limited (“Paramount”) in response to concerns raised by the EC. The EC’s concerns were...more

Automotive Law Group News: Appellate Court Win for Massachusetts State Auto Dealers Association

Murtha Cullina's automotive industry team achieved a victory on behalf of the Massachusetts State Automobile Dealers Association on March 17, 2016 when the Massachusetts Appeals Court voted unanimously to affirm the dismissal...more

The Hidden Danger for Retailers Doing Business in New Jersey

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

Seventh Circuit Holds No Agreement Entered Into With Respect To On-Line Contract

This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement,...more

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more

Data Breach Suit Covered Under CGL Policy

Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of...more

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

In third party payor litigation over prescription medical products, we have often marveled at the causation arguments that plaintiffs have offered and the willingness of some courts to accept collective proof over what really...more

Who Should Own a Trademark Registration? The Case of the Not-So-Related Parent Company

A recent precedential Trademark Trial and Appeal Board decision provides valuable guidance on the proper allocation of trademark registration ownership as between a corporate parent and a subsidiary, highlighting the perils...more

Fourth Circuit Rules GL Insurer Has Duty To Defend Data Breach Claim

In a brief, unpublished decision, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling that Travelers must defend Portal Healthcare Solutions in an underlying lawsuit involving the disclosure of confidential...more

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

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