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Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

Insurance Coverage – Personal & Advertising Injury – Trade Disparagement

Hartford Casualty Insurance Co. v Swift Distribution, Inc. - California Supreme Court (June 12, 2014) - Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more

Insurance Recovery Law - Feb 18, 2014

Insurer Must Indemnify TCPA Settlement, Despite Lack of Involvement - Why it matters: In a closely watched case out of Illinois, an appellate court held that a $1.7 million settlement in a Telephone Consumer...more

Policyholders Fight To Preserve Precedent

In a case pending before the state Supreme Court, Hartford Casualty Ins. Co. v. Swift Distribution Inc., S207172, it seems the entire insurance industry has lined up in an effort to convince the high court that the rules...more

NCAA’s Battle Continues in the Fight Over Who Should Pay for the Use of Student-Athlete Likenesses

Since 2009, former student-athletes have been litigating the issue of whether the apparent commodification of student-athlete likenesses in video games entitles the athletes to compensation. Defendants in these lawsuits...more

"You Want Fries With That? New North Carolina Law Restricts Obesity Related Tort Claims"

North Carolina House Bill 683, known as the Commonsense Consumption Act (“Act”), became effective on October 1, 2013. The Act contains two main provisions. First, it provides that no city or county ordinance may prohibit the...more

Pitfalls On Termination: Employer May Be Liable For Employees’ Loose Talk

Even though a Virginia bank properly terminated a bank teller and then warned bank employees not to discuss it, the bank still faced potential liability to the ex-teller for defamation when employees talked about it to...more

Insurance Recovery Law -- Jun 12, 2013

A Return to the Basics - Reading, understanding and interpreting an insurance policy can get pretty complicated. Coverage, exclusions, definitions, notice requirements, time limits – every provision of a policy can be...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

Let Them Eat Cake! (And Then Write an Online Review about It)

Arizona's restaurant scene is buzzing these days with last Friday's season finale of "Kitchen Nightmares". Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a...more

Donald Trump Sues Bill Maher for Monkeying Around on Late-Night Talk Show

Here at Law Law Land, there are a few pearls of wisdom we like to repeat — perhaps to a fault — just because they are so helpful and right. Copyright law doesn’t protect ideas, only the expressions of ideas. Being legally...more

Routine Recording Of Customer Service Calls – Standing Alone – Does Not Violate California’s Invasion of Privacy Act, According To...

Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class...more

Release of Liability Contained in Event Entry Form Held to Apply To a Subsequently Added Event Sponsor

On any given week, most of us are asked to sign at least one or two releases of liability for various sporting and recreational events. The Missouri Court of Appeals for the Eastern District recently held those releases may...more

Business Law Newsletter - January 2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Top Sports IP Plays of the Year - Part 2

Today we bring you Part Two of an article authored by our partner Ms. Emily Bayton and published by Law360 on October 16, 2012... As an intellectual property lawyer and avid sports fan, I’m always interested in a case...more

Strategies and Defenses for Retailers Named in Consumer Class Actions

Are retailers at risk in private surgeon general class actions? Often, their only conduct is putting a product on the shelf. They haven’t designed the product, much less had any input on the product labels or advertising. ...more

Weekly Law Resume - August 30, 2012: Insurance Coverage – Trade Libel v Disparagement

Travelers Property Casualty Company of America v. Charlotte Russe Holding, Inc., et al. Court of Appeal, Second District (July 13, 2012) Personal injury coverage under most CGL policies provides coverage for claims...more

E-mail Campaign Complaining About Retailer Results in Damages for Defamation

Social media is great “word of mouth” advertising when things go right. It can also be a nightmare in damage control when things go wrong. Sometimes the unsatisfied customer just lets it rip fairly or unfairly. In a...more

Dismissal of Actimmune Proposed Class Action Affirmed

The Ninth Circuit late last month upheld the dismissal of a proposed class action concerning alleged off-label marketing of the drug Actimmune. In re: Actimmune Marketing Litigation, Nos. 10-17237 and 10-17239 (9th Cir....more

Media Law Bulletin - December 2011 - 'Cheese'-y Comedy Product Not an Advertising Idea

The case of The Oglio Entertainment Group, Inc. v. Hartford Casualty Ins. Co., 200 Cal. App. 4th 573 (2011), analyzes the distinction between copying an advertising idea and copying a product that is advertised in the context...more

Federal Lawsuit Alleges Infringement of Minors' New York Right of Publicity by Facebook "Like" and "Friend Finder" Features

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the...more

Libel Suit Dismissed Against Online Booksellers for Book Descriptions

A federal district court has ruled that Barnes & Noble, Amazon and Books-A-Million cannot be held liable for allegedly defamatory statements published on their websites in book descriptions supplied by a print-on-demand...more

Advertising Law Newsletter - March 04, 2011

In this issue: NARB: Staples Should Discontinue, Modify Use of “Like FREE” Claim; Privacy Legislation Hits Congress, Including Do-Not-Track Bill; Zip Code Is “Personal Information” Under California Law; Partridge Show Actress...more

Insurance Law Update - The First Circuit Finds No Indemnification Based on the Plain Language of a Contract - February 2011

U.S. Court of Appeals for the First Circuit In Farmers Ins. Exchange v. RNK, Inc., ___F.3d ____, 2011 WL 183969 (1st Cir. (Mass.) January 21, 2011), the First Circuit Court of Appeals held that a telephone equipment...more

Businesses May Have Some Legal Recourse For Anonymous Smear Campaigns On The Internet

Businesses are using Facebook fan pages and interactive ad campaigns to market their products and services on social media. One sided banner ads are making room for advertising that is more engaged with consumers. With this...more

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