Commercial Law & Contracts › Science, Computers & Technology › Business Torts

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more

Campmor, Inc. v. Brulant, LLC

Order on Motions in Limine

An unusually detailed ruling on various pretrial motions in limine...more

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

From the preliminary statement: "For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Strike Material from the Pretrial Order

This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Limit Damages Evidence

Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Opposition to Brulant / Rosetta's Motion in Limine to Bar Certain Evidence at Trial

Brief in opposition to several motions in limine brought by defendant in this action. ...more

Who’s Liable For Vendor’s CAN-SPAM Violation?

The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial...more

Corporate Compliance with Licensing Requirements

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Support of its Motion in Limine to Exclude References Concerning the Date of Service of the Complaint at Trial

From the preliminary statement: "Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more

App Helps Determine Valid Trade Secret or Non-Compete

A new informational app for the iPad and iPhone to help employers and employees better understand what is a trade secret or a covenant not to compete has been released by Balough Law Offices, LLC. The Trade Secrets app...more

California Electronic Discovery Act: Part Three

Part Three in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act. Part Two discussed the importance in legal proceedings of electronic information from social...more

Morgan Stanley Sued Over $110 Million in Mortgage Loans

On September 28, an RMBS trustee sued a Morgan Stanley unit in the Supreme Court for the State of New York, alleging that Morgan Stanley sold RMBS backed by defective mortgage loans. The trustee asserts that Morgan Stanley...more

The Reading List (No. 11)

I have not done a formal "Reading List" for a while, so I included a number of different subjects into the mix. Tomorrow or early next week, I'll have a case law update. ...more

FTC Report Outlines New Privacy Framework For Handling Consumer Data

The Federal Trade Commission (FTC) issued a report in March 2012 setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their...more

Digital Risk Management Strategies For Business

Ensuring that key business data survives unexpected events is vital for businesses large and small. That’s why every business should have a plan in place to ensure the availability of its data when manmade or natural...more

GlaxoSmithKline Settlement Puts Healthcare Industry on Notice

With the Justice Department’s announcement that GlaxoSmithKline will pay $3 billion in the largest healthcare fraud settlement in U.S. history, all drug companies – and any other businesses working in healthcare or...more

Campmor, Inc. v. Brulant, LLC

Opinion granting in part and denying in part defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Campmor, Inc. v. Brulant, LLC

Certification of Brian Cooper in opposition to motion in limine to exclude his testimony as an SEO expert

Is there really such a thing as "credentials" for purposes of testifying as an expert on search engine optimization (SEO)? Of course not. Campmor, Inc., a successful online retailer of camping and outdoor equipment...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion in limine to exclude SEO expert witness of plaintiff

Is there really such a thing as "credentials" for purposes of testifying as an expert on search engine optimization (SEO)? Of course not. Campmor, Inc., a successful online retailer of camping and outdoor equipment...more

Never Cut & Paste Your Contracts

Contracts are legally binding documents. As long as the contract is legally enforceable and properly executed, whatever is written into the contract will be legally binding on the parties. Therefore, it is important that...more

Campmor, Inc. v. Brulant, LLC

Second Amended Complaint

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, brought suit based on breach of contract, breach of warranty, negligence, fraud, consumer...more

Member's Edge, LLC v. Doubleplay Media, Inc, et al.

Answer, Cross-Claims and Third Party Complaint

We represented Ifficient, Inc. in a multi-party claim involving the sale, resale and quality of sales lead data involving a number of Internet companies. With the assistance of the Bergen County mediation program, the...more

University Communications Inc. v. Net Access Corp

Order on Judgment

Our clients, the plaintiffs, had achieved virtually all of their litigation goals by virtue of a preliminary injunction granted after a temporary restraining order early in the litigation (via predecessor counsel). We...more