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Chris Lazarini Discusses Whether Defamatory Statements Constitute Libel Per Se

Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following...more

Court Of Chancery Addresses Who Is To Do Post-Closing Adjustments

Many contracts for the sale of a company have a provision addressing how the parties should resolve disagreements concerning post-closing adjustments to the sale price. Exactly who is to resolve those disputes (be it an...more

The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design...more

Gatekeeping - stops class action cold!

On 16 November 2016, Madam Justice Dillon issued her decision in Harrison v. Afexa Life Sciences Inc., 2016 BCSC 2123, denying the certification of a class action against the makers of Cold-Fx under the Class Proceedings Act,...more

Even in Social Media Age, Web Presence Without Specific Showing of Customer Interaction is Not Enough for Personal Jurisdiction

Ask any 1L – personal jurisdiction has always been a tricky issue. But in the internet era, even courts have grappled with how to determine whether an online presence is sufficient to establish personal jurisdiction over a...more

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more

New actions based on ‘nothing artificial’ labels may be halted as FDA redefines ‘natural’

I previously wrote about Thornton v. Pinnacle Foods Group LLC, No. 4:16-CV-00158-JAR, in which the Eastern District of Missouri refused to dismiss a consumer fraud claim based on “nothing artificial” labels on boxes of Duncan...more

Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show...more

MarkIt to Market® - November 2016

The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most...more

Central District of California Subjects CFPB Telemarketing Sales Rule Claims to Rule 9(b)’s Heightened Pleading Standards

In a recent case, the Central District of California held that the CFPB’s claims against a credit repair service under the Telemarketing Sales Rule (“TSR”) must meet Federal Rule of Civil Procedure 9(b)’s heightened pleading...more

Causation Counts: Strategic Use of Summary Judgment Post-Spokeo

Early scorecards in the aftermath of the U.S. Supreme Court’s decision in Spokeo Inc. v. Robins all note high marks in the plaintiffs’ column, especially at the motion to dismiss stage. Emboldened by these decisions,...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Don’t Get Tagged – Avoiding Ethical Missteps with Social Media Investigations

As the number of people who interact on social media surpasses the one billion mark, attorneys are catching-on and turning to various platforms for investigative purposes and as informal discovery tools. We all know that the...more

Keep Reading: Standing Affirmed, but Barnes & Noble Data Breach Class Action Halted

It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more

Facebook calls Illinois Biometric Law Unconstitutional

In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution. According to Facebook’s Answer in a suit filed against it in...more

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission....more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

Advertising Law - November 2016 #4

CARU Emphasizes Accurate Performance, Use Presentations for Children - Two recent Children's Advertising Review Unit decisions emphasize the importance of providing accurate performance and use presentations for products...more

Yelp Case Shows CDA §230 Still Has Teeth

2016 has been a challenging year for Section 230 of the Communications Decency Act (CDA) and the website operators who depend on it for protection against liability stemming from user-generated content. An unusually large...more

Second Circuit Affirms Ruling that SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy...

In an important recent false advertising decision in a suit brought by home pregnancy test manufacturer Church & Dwight against its principal competitor SPD Swiss Precision Diagnostics, a Second Circuit panel unanimously...more

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more

Hooters Loses Spokeo-Based Challenge to TCPA Lawsuit

Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”). The...more

Expansion of Liability in Product Labeling Cases

An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

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