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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

Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity

The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as...more

Daimler AG v. Bauman: The US Supreme Court Significantly Limits Where Companies May Be Sued for Claims Unrelated to Their...

The US Supreme Court last week issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place. In Daimler A.G. v. Bauman, the...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

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

Religious Institutions Update: May 2013

Intellectual property is a legal construct referring to creations of the mind for which exclusive rights are recognized. Common types include copyrights, trademarks, patents, industrial design rights, trade dress 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

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system. Global Payments later disclosed that Track 2 data (card...more

Celebrities Protected by 'Right of Publicity'

Star gazing takes on new meaning in New Mexico as the state’s film industry continues to grow. You might spot stars like Johnny Depp, Lou Diamond Phillips, Arnold Schwarzenegger and Juliet Lopez in Albuquerque since...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - September 14, 2011

Table of Contents: •Hart v. Electronic Arts, Inc. Hart v. Electronic Arts, Inc., USDC District of New Jersey, September 9, 2011 District court dismisses former college football player’s right of publicity...more

Illinois Supreme Court Sets Civil Argument Schedule for September

In This Issue: This afternoon the Illinois Supreme Court published its Oral Argument Calendar for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - March 9, 2011

Table of Contents: • Best v. Berard • Lapine v. Seinfeld Best v. Berard, USDC N.D. Illinois, March 3, 2011 • In right of publicity action relating to reality TV show Female Forces, court grants defendants’ motion...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 23 , 2011

No Doubt v. Activision Publishing, Inc., California Court of Appeal, Second Appellate District, February 15, 2011 • In rock band’s right of publicity action, court finds videogame publisher’s use of band members’...more

California Supreme Court Announces Expansive Standing Rule Under the UCL

Since the passage of Proposition 64 in November 2004 by the California electorate, which sought to limit the scope of frivolous or “shakedown” lawsuits under the Unfair Competition Law, Business & Professions Code section...more

California’s New Expedited Jury Trials Act - Special Issue By: Steven Werth and Caroline Chen

Starting January 1, 2011, parties in civil actions will have the option of trying their case before a jury trial in an expedited fashion, potentially reaping significant savings in litigation costs. By the passage of AB 2284...more

'That's Hot' (as in Stolen): Paris Hilton v. Hallmark Cards on Right of Publicity Law

Hollywood socialite Paris Hilton is best known for her flamboyant lifestyle and reality television show, "The Simple Life." She is now also the topic of conversation around law firm water coolers, and not just for her recent...more

Ninth Circuit Applies California UCL Standards, Confirming Recent State Law Precedents

In a follow up to last week's post regarding the Nelson v. Pearson opinion, the Ninth Circuit has now applied similar principles when applying California state law. In Rubio v. Capital One Company, the Ninth Circuit further...more

Barbara Bauer & Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer, et al.

Brief in Opposition To Motion To Dismiss

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Binding Arbitration Agreements in the Nursing Home Context

This article describes the possible methods of avoiding binding arbitration in nursing home litigation....more

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