Commercial Law & Contracts › Antitrust & Trade Regulation › Business Torts

FTC Order Against Fraudulent Payment Processor Joins Growing List of Regulatory Actions Involving Third Party Service Providers

Following on the heels of significant regulatory actions by the Consumer Financial Protection Bureau, Federal Reserve, and the FDIC against regulated companies and their third-party service providers, the Federal Trade...more

Risk Management (March 2013) - The New Rules of Consumer Protection: Six Steps for Banks to Manage Third-Party Compliance Risk

Financial services firms now routinely contract outside companies to market new services that these institutions did not develop internally, such as investment and insurance options. More than ever, third parties are...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

Ohio's Standard for Malicious Litigation Sounds Familiar

I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more

The Bad Faith Sentinel - August 2012

IN THIS ISSUE: - Texas Court of Appeals: Trial Court Must Sever Breach of Contract and Bad Faith Claims Following an Insurer’s Offer to Settle pages 1 - 2 - Third District Court of Appeals of Florida Holds that...more

Alaska Supreme Court Broadens Scope of Unfair Trade Practices Liability for Businesses’ Representations Concerning Their Goods

On March 30, 2012, the Alaska Supreme Court significantly expanded the scope of Alaska’s Unfair Trade Practices Act (“UTPA”) in a manner that will increase the risk of liability for businesses that make representations about...more

FTC Announces First Actions Against Auto Loan Modification Schemes

On April 4, the FTC released complaints filed recently against two operations allegedly engaged in deceptive auto loan modification schemes. According to the FTC, the two companies and several related individuals instructed...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

New Jersey Supreme Court to Decide on Whether Consumer Fraud Act Was Properly Applied in Context of Commercial Dispute

In my prior blogs (employmentandconstructionlawupdate.blogspot.com) I’ve covered the dramatic changes in the law of late, where the New Jersey state courts have applied the New Jersey Consumer Fraud Act in any number of...more

Federal Court Finds Allegations of "Bad Faith" in Sprinkler License Agreements to be "Vox Clamantis in Deserto"

On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company's ("Toro") motion to dismiss plaintiff Digital Sun's ("Digital")...more

Recent M&A Trends & Developments—December 2009

M&A Trends & Developments Overview: *Trends: Down Market Issues *Tougher Antitrust Environment *Increased M&A Litigation *Fiduciary Duty Issues *Business Judgment Rule Affirmed, MAC Out Clause Developments, “Just Say...more

Advertising Law - December 22, 2009

IN THIS ISSUE: *Formula Maker Wins $13.5 Million in False Advertising Suit *Feds Delay New Online Betting Payment Ban *Court Deletes Spam Suit Against Online Ad Company *FTC to Weigh Support of News Industry Please...more

Dixon v. Herman

Appellants' Reply Brief

This reply supports appellants' original brief seeking reversal of summary judgment granted on breach of contract, breach of warranty, deceptive trade practices, and fraud claims arising from the sale of a show...more

Second District Court of Appeal Confirms That Plaintiff Must Prove Reliance When Bringing Misrepresentation Claim Under UCL, FAL...

In the recently issued decision Princess Cruise Lines, LTD v. Superior Court, plaintiffs sued Princess Cruise Lines, Ltd. (“Princess”) over charges added to the price of shore excursions taken during a cruise. They alleged...more

Advertising Law - November 16, 2009

IN THIS ISSUE: *Chamber of Commerce Sues Parody Site *Agency Sues Over Brand Integration Idea *Internet Airing Helps Settle Monster Lawsuit *Iconix Settles COPPA Complaint for $250,000 *Ad Shop Goes After Fake...more

Dixon v. Herman

Appellants' Brief

This is an appellate brief seeking reversal of summary judgment granted on breach of contract, breach of warranty, deceptive trade practices, and fraud claims arising from the sale of a show horse. Please see full brief...more

Brescia v. Angelin, the Latest Reported Case Regarding CCP 2019.210 Trade Secret Statements: A More Employer-Friendly Standard

One issue in trade secret litigation is whether a plaintiff has adequately identified the trade secrets it alleges were misappropriated. In California, a plaintiff alleging misappropriation of trade secrets must identify the...more

Locked Out: Plaintiffs Alleging Unfair Competition Claim Relating to "False Origin" of Locksets Failed to Adequately Allege...

False advertising claims under California’s Unfair Competition Law (“UCL”) require plaintiffs to plead and prove injury in fact and a loss of money or property as a result of the alleged violation. Alleged false...more

GateHouse Media Massachusetts I, Inc. v. The New York Times Co.

Settlement Order of Dismissal

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

GateHouse Media Massachusetts I, Inc. v. The New York Times Co.

Settlement Agreement

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Gatehouse Media Massachusetts I, Inc. v. The New York Times Co., et al.

First Amended Complaint

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Gatehouse Media Massachusetts I, Inc. v. The New York Times Co., et al.

Defendant's Answer, Affirmative Defenses, and Counterclaim-Plaintiffs' Counterclaims to Plaintiff's Complaint

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Gatehouse Media Massachusetts I, Inc. v. The New York Times Co., et al.

Complaint

On December 22, 2008, GateHouse Media sued the New York Times, alleging that the "hyper-local" news aggregation pages on the New York Times-owned site Boston.com infringed its copyright and trademark rights. At the judge's...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Pending New York Right of Publicity Bill To Provide Protection for Deceased Celebrities *French Court Fines eBay Over Fakes *ISPs Will Block Child Pornography Sites *FTC To Focus on Green Building and...more

Commodity Futures Trading Comm'n v. Beasley

Defendant Piranha Capital's Reply ISO Motion to Dismiss Complaint

Defendant Piranha Capital's Reply in support of its Motion to Dismiss Complaint...more