Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6) by Ronald Coleman on 4/27/2012 See the associated moving brief. This is the reply brief preliminary statement: Defendant Opinion Corp. (“defendant” or “Opinion Corp.”) submits this reply memorandum in further support of its motion to dismiss the...more
Ten Simple Legal Rules for Business Owners by Ryan Siney on 4/20/2012 Follow these ten simple rules to avoid or reduce potential legal liability. ...more
Viacom Gets a Second Bite at YouTube by Pillsbury Social Media, Entertainment &... on 4/11/2012 In one of the most closely followed cases involving the digital millennium copyright act (DMCA), an appeals court punted one of the key issues back to the lower court. The key issue left open relates to what constitutes...more
Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al. Complaint and Jury Demand by Ronald Coleman on 4/10/2012 Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. This lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more
Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com Brief in support of defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted... by Ronald Coleman on 4/2/2012 Another lawsuit against PissedConsumer.com, another motion to dismiss. The preliminary statement: Defendant Opinion Corp. is, as set forth in the Complaint, the corporate owner of an Internet website called...more
Business Litigation Report -- March 2012 by Quinn Emanuel Urquhart & Sullivan, LLP on 3/22/2012 In This Issue: Firm Awards: Legal Business Names Quinn Emanuel "US Law Firm of the Year" QE's Appellate and Antitrust Practices Ranked Top in the Nation Firm News: Star Trial Lawyer William Burck...more
Service by Facebook: Canadian courts adapting to new technologies by Shafik Bhalloo on 3/21/2012 Courts and law have often been criticized for being slow moving and not keeping up with new technologies, however, Canadian courts, in the recent past, have shown a resolve to keep up with, or at least not fall too far...more
Court Applies Alter Ego Doctrine to Deny Motion to Dismiss For Lack of Personal Jurisdiction by Katten Muchin Rosenman LLP on 3/20/2012 An Arizona district court recently relied on the alter ego doctrine to deny a motion to dismiss for lack of personal jurisdiction in a case involving breach of a partnership agreement and trademark infringement. The...more
Aesthetic Functionality Still has Legs in the Ninth Circuit by Robert Freedman on 3/17/2012 A review of the practical impact of the trademark decision Fleischer Studios, Inc. v. A.V.E.L.A., Inc. ...more
Tropp v. Conair Corporation, et al. Memorandum and Order Denying Motion for Attorneys' Fees in Patent Case by Ronald Coleman on 2/28/2012 Denial of motion by defendants in this patent infringement case, dismissed on grounds of collateral estoppel due to a decision in a related case, seeking attorneys' fees and costs. The parties representing essentially the...more
Silicon Handshake or Hangman's Noose: The NDA's Opportunities and Risks by Bay Oak Law on 2/21/2012 Nondisclosure Agreements ("NDAs") are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal -- what is good for the discloser is not good for the recipient. The "Silicon...more
District of Columbia Struggling With Anti-SLAPP Law by Aaron Morris on 2/18/2012 The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out. Judge Rufus G. King III of the D.C. Superior Court got it right. A local television...more
Leveling the Playing Field: Due Process and Trade Secret Misappropriation Cal. Civ. Proc. Code § 2019.210 by Bay Oak Law on 2/14/2012 The Fifth Amendment to the US Constitution guarantees due process of law. One type of due process is knowing the details of the accusations in a court of law against you. But in trade secret misappropriation cases, the trade...more
Update: Who Owns a Company's Twitter Account? by Mintz Levin - Employment, Labor & Benefits on 2/9/2012 On January 5, we posted a blog entry about the case of PhoneDog v. Kravitz, pending in the United States District Court for the Northern District of California. In short, during his employment with PhoneDog, Kravitz...more
Guggenheim Capital v. Toumei Order Denying Plaintiff's Motion for an Appeal Bond and Awarding Reduced Attorneys' Fees by Ronald Coleman on 1/31/2012 Order on motions by plaintiffs seeking requirement of $100,000 appeal brief and nearly $700,000 in attorneys' fees and costs in Lanham Act statutory damages case where both final judgment and order awarding attorneys' fees...more