Personal Injury, Commercial Law & Contracts, Communications & Media Law

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

by Laura Rogal | Jaburg Wilk on 5/16/2013

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

by Dan Nabel | Greenberg Glusker Fields Claman & Machtinger... on 2/21/2013

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

Lance Armstrong Sued for Lying

by Aaron Kase | Lawyers.com on 2/4/2013

Two former Lance Armstrong fans are suing the disgraced cyclist for fraud and false advertising over his book, “It’s Not About The Bike,” in which Armstrong claimed repeatedly that he never used performance enhancing drugs....more

Lawsuits Challenge Subway on ‘Footlong’ Promises

by Michele Bowman | Lawyers.com on 1/31/2013

It only took a couple of lawsuits for Subway to figure out the math: If you offer “footlong” sandwiches to customers, they are going to expect – and eventually demand – 12 inches of food. The restaurant chain has been...more

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

by Racheal Turner, C. Brandon Wisoff | Farella Braun + Martel LLP on 1/29/2013

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

Faulkner v. ADT and the Landscape for CIPA Class Actions

by Michael Bracken, Thomas Gilbertsen, Daniel Silverman | Venable LLP on 1/25/2013

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

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

by Williams Venker & Sanders on 1/23/2013

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

by Rachelle E. Hill, James V. Irving | Bean, Kinney & Korman, PC on 1/10/2013

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

Tobacco Company Gets Burned in Teenage Smoking Case

by Sylvia Hsieh | Lawyers.com on 12/19/2012

Tobacco giant RJ Reynolds has been stung by a $1.3 million jury verdict for not warning a smoker during his teenage years that smoking is addictive and could cause cancer. William Champagne was born in 1950 and began...more

Top Sports IP Plays of the Year - Part 2

by Emily Bayton | Lewis and Roca LLP on 10/24/2012

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

by Morrison & Foerster - Private Surgeon... on 9/14/2012

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

by Low, Ball & Lynch on 9/4/2012

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

by Dentons on 6/25/2012

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

by Dechert LLP on 1/11/2012

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

by Sedgwick LLP on 12/12/2011

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

by Proskauer - New Media & Technology on 5/19/2011

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

by Davis Wright Tremaine LLP on 4/7/2011

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

by Manatt, Phelps & Phillips, LLP on 3/4/2011

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

by Sedgwick LLP on 2/24/2011

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

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Personal Injury › Commercial Law & Contracts › Communications & Media Law