Proskauer Rose LLP

Eleven Times Square (Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States

  • 212.969.3000
  • 212.969.2900

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that a…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and Duty to Defend When Primary Carrier Wrongfully Denied Coverage

In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court righted…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

Strong HSR Compliance Programs Remain a Necessity

Continued strong antitrust enforcement under the Hart-Scott-Rodino Act (HSR) reminds us that HSR compliance issues can arise in unexpected places. When Berkshire Hathaway Inc. acquired voting securities of Symetra Financial…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions

What KIND of Juice Did They Say It Was?

On July 14, 2014, Northern District of Illinois Judge Sara L. Ellis dealt a blow to putative class action members protesting the use of “evaporated cane juice” to describe sugar in product ingredients lists. Plaintiff alleged…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection

In Flight Catalog: Senator Rockefeller Opens Inquiry Into Consumer Data Practices by Airlines

Last week, Senator Jay Rockefeller (D-W.Va.) sent a letter to the top ten revenue generating passenger airlines in the United States, opening an inquiry into their practices related to charging additional fees for optional…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology, Transportation

OFCCP Issues Directive Addressing Gender Identity and Transgender Bias

Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender…more
| Civil Rights, Labor & Employment Law, Government Contracting

New Guidance on Locating Missing Participants for Terminated Defined Contribution Plans

On August 14, 2014, the U.S. Department of Labor (DOL) provided new guidance to plan fiduciaries of terminated defined contribution plans for locating missing and unresponsive participants in order to distribute their benefits…more
| Labor & Employment Law, Finance & Banking

Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the…more
| Civil Remedies, Communications & Media Law, Finance & Banking, Privacy, Consumer Protection

West Virginia High Court Examines Number Of Occurrences Under Liability Insurance Policy

This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy. Kosnoski, et al. v. Rogers,…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Divided Fourth Circuit Panel Rules On Burden of Proving Loss Causation in ERISA Fiduciary Breach Case

That was the sentiment expressed in a blistering dissent by Fourth Circuit Judge J. Harvie Wilkinson in the latest ruling in a lawsuit challenging the decision by the fiduicaries of the RJR 401(k) plan to liquidate two stock…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Securities Law

NLRB Divides Sharply on Employee Concerted Activity for “Mutual Aid or Protection”

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the action…more
| Labor & Employment Law

New York’s High Court Finds Contractual Limitation Period Unenforceable, Where it Places Policyholder in Impossible Catch-22 Situation

How is a policyholder supposed to obtain coverage under a policy that requires the insured to bring its claim within two years of the loss and also imposes preconditions on bringing a claim that cannot reasonably be satisfied…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

District Court Allows ERISA Section 510 Retaliation Claim to Proceed

A federal district court in Pennsylvania concluded that Irene Najmola, a former employee of Chester County Hospital, sufficiently pled a retaliation claim under ERISA section 510 by alleging that her employment was terminated…more
| Civil Procedure, Civil Rights, Labor & Employment Law

So Much for Bright-Line Tests on Extraterritorial Reach of U.S. Securities Laws?

In its landmark 2010 decision in Morrison v. National Australia Bank, the Supreme Court articulated what seemed to be a bright-line test for determining the extent to which the U.S. securities laws apply to transactions with…more
| Civil Procedure, Finance & Banking, International Law & Trade, Securities Law

Microsoft Ordered to Hand Over Data to the U.S. Government

In April, Microsoft tried to quash a search warrant from law enforcement agents in the United States (U.S.) that asked the technology company to produce the contents of one of its customer’s emails stored on a server located in…more
| Criminal Law, International Law & Trade, Science, Computers, & Technology
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