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Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

by Bryan Cave on

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

Trademark Infringers Can Limit The Damages They Must Pay If The Trademark Owner Fails To Prove That The Parties' Marketing Areas...

by McNair Law Firm, P.A. on

It has long since been the rule that an infringing trademark use may only be prevented in the geographic areas where use of the infringing mark and owner's trademark overlap.i In the recent case of Variety Stores, Inc. v....more

EU Court Strikes Down Security Legislation Over Privacy Concerns

by Dorsey & Whitney LLP on

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

by Proskauer - Advertising Law on

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

by Perkins Coie on

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more

Your daily dose of financial news - The Brief – 7.19.16

by Robins Kaplan LLP on

The Carlyle Group is staring down the barrel of a $1 billion civil lawsuit by the failed Carlyle Capital Corp.’s liquidators over the 2008 collapse of the mortgage-bond fund. The trial’s taking place in Guernsey, a British...more

Compliance into the Weeds-Episode 8, big data, risk assessments, the compliance profession and implications from the Yates Memo [Video]

by Thomas Fox on

In this episode, Matt Kelly and myself take a deep dive into the use of big data in risk assessments and possible implications for the future of the compliance profession. We also review some of the implications of the Yates...more

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

by K&L Gates LLP on

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

Food and Beverage News and Trends - March 2016 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape....more

Locke Lord Article: Doing Business in New Jersey? Your Website Terms & Conditions May be Plaintiffs’ Next Target

by Locke Lord LLP on

Doing business in New Jersey just got thornier. Recent decisions broadly interpreting the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14, et seq., have spawned a flurry of pre-suit...more

Supreme Court affirms government contractors qualified immunity

by Dentons on

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal...more

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

Jury Returns Verdict in Cable Box Antitrust Suit in Favor of Cox Subscribers

We reported earlier today that the jury began deliberations this past Monday in the antitrust class action lawsuit against Cox Communications brought by its premium services subscribers. ...more

Proof of Confusion Essential for Trademark Injunction - Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

by McDermott Will & Emery on

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more

No Attorneys’ Fee Award Based On Dismissed Counterclaim - Burford v. Accounting Practice Sales, Inc.

by McDermott Will & Emery on

In an appeal between two parties to a contract for marketing and selling defendant’s accounting practices in various states, the U.S. Court of Appeals for the Seventh Circuit addressed whether the defendant breached the...more

FCC Ruling Potentially Expands Scope of TCPA

by Goodwin on

On June 18, 2015, the Federal Communications Commission (“FCC” or the “Commission”) issued a package of declaratory rulings (“FCC 15-72”) related to telemarketing. Although FCC 15-72 has yet to be officially released, the...more

Seller Beware: Collecting Sales Tax When Coupons Are Involved Is Not So Cut and Dried

by Faegre Baker Daniels on

If you are a retailer or a business that accepts or issues coupons, a slew of class action lawsuits should have you double-checking your sales tax collection practices. Recent lawsuits filed by consumers have accused...more

TCPA Connect - April 2015

User Choice to Send Solicitations Refutes ATDS Allegations - Following a growing precedent in the California federal district courts, a judge recently concluded that a defendant in a Telephone Consumer Protection Act...more

TracFone Files Supplement to Emergency Petition for FCC Preemption on 911 Fees

by Davis Wright Tremaine LLP on

As noted in our prior update, in November 2014, the FCC Wireline Competition Bureau issued a Public Notice requesting industry comment on a Petition filed by TracFone Wireless regarding 911 fees charged to Lifeline...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

by Davis Wright Tremaine LLP on

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

Certification of Minor Class Could Have Major Impact on Facebook

by Carlton Fields on

Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more

Sweet Ending for Plaintiffs in Food Labeling Class Action Against Ghirardelli

by Carlton Fields on

A California district court certified a Rule 23(b)(3) food labeling class action against chocolatier Ghirardelli and approved a proposed settlement. The genesis of Plaintiffs’ claim is that defendant mislabeled its “White...more

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