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Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

Factors That Go Into Television Network Contracts

Factors That Go Into Television Network Contracts by Anthony Caruso on August 19, 2013 Many sports analysts are watching the ascent of Fox Sports 1 as it makes multi-year television network contracts with several sports...more

The Honeymoon Is Over: Post-DOMA, Same-Sex Couples Now Spouses For Purposes Of The Securities And Exchange Act Rules

The Supreme Court in U.S. v. Windsor held that the federal Defense of Marriage Act’s (DOMA) section defining marriage as between a man and woman is unconstitutional because it violates the Fifth Amendment’s equal protection...more

It's Not Defamation if No One Knows It's You -- Sammy Hagar Defeats Defamation Claim

The first element of defamation is sometimes forgotten. The defamatory statement must be about the plaintiff. In most instances that will be self-evident, but sometimes the identity of the person being defamed will be known...more

How to Use the “Wall of Wrong” to Determine if a Proposed Defamation Case is a SLAPP -- Shaheen Sadeghi v. Delilah Snell

The tale starts with an article in OC Weekly. The article was about a guy named Shaheen Sadeghi. The article was extremely favorable to Sadeghi, referring to him as the “Curator of Cool” and discussing his amazing success in...more

Anti-SLAPP Law Does Not Protect Civil Extortion by Attorneys

Despite the prohibitions against doing so, some attorneys can’t resist throwing a threat of criminal action into their demand letters. They apparently think (if they give it any thought at all) that an express or veiled...more

Miguel Mendoza v. Reed K. Hamzeh

Court Rules that Attorney's Demand Letter is Not Protected under Anti-SLAPP Law

Following the prior decision of Flatley v. Mauro, the California Court of Appeal in Miguel Mendoza v. Reed K. Hamzeh finds that a demand letter from an attorney which threatens criminal prosecution is not protected under the...more

Naffe v. Frey, et al.

Ruling DISMISSING Complaint under FRCP 12(b)(1) and Section 1983 claim under FRCP 12(b)(6) with Prejudice, etc.

Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ : "Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Weekly Brief: DOJ Memo Details Justification For Killing US Citizens  [Video]

Feb. 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. A confidential memo leaked from the Department of Justice details the legal rationale for the extrajudicial killing of American...more

Naffe v. Frey, et al.

Tentative Ruling on Motion to Dismiss per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Strike per California's Anti-SLAPP Law

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss Defamation Complaint per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Motion to Strike Under Calilfornia's Anti-SLAPP Law

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Motion to Dismiss Complaint for Defamation and Other Claims for Failure to State a Claim - FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Dunkin’ Donuts in Hot Water Over Franchisee Discrimination Claims

Dunkin’ Donuts in Hot Water Over Franchisee Discrimination Claims by Joel N. Kreizman on August 30, 2012 Dunkin’ Donuts is in hot water after several former franchise owners have alleged that it discriminates against...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Is Rush Limbaugh Facing a Claim for Defamation?

On Wednesday, during his radio show, Rush Limbaugh discussed a college student who had testified at a Congressional hearing, stating that she needed her birth control to be covered by the school's health insurance. Limbaugh...more

Lawyers Still Ignorant of Communications Decency Act

There are still many attorneys making money representing clients on Internet defamation cases that can’t be won. They are either ignorant of the law, or ignoring it. My firm has been schooling others on the Communications...more

WHAT' DEMOCRACY

WHAT' DEMOCRACY < OBSERVATION >...more

Case Illustrates How Some Judges Just Don't "Get" Defamation

I run into this attitude from judges occasionally. Thankfully, I've always been able to turn them around, but when I read about it, it still raises my hackles a little. The attitude of which I speak was most recently...more

California Employment Law Update

Sales Reps Could Proceed With Breach Of Contract And Age Discrimination Claims Stroke Victim Could Proceed With Disability And Age Discrimination Claims Employee Could Proceed With Disability Discrimination And Harassment...more

Parsa Law Group, APC, v. Bad Biz Finder, et al.

Letter requesting removal of an allegedly defamatory blog comment

In response to an article on my blog about the bankruptcy loan modification bill that was recently defeated, I received a comment from someone calling herself "Bad Biz Finder". The commenter accused the Parsa Law Group, a...more

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