News & Analysis as of

Business Disparagement

Online Reviewers Get New Protections

by Ifrah PLLC on

Your business booked a large charity event. However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and...more

Congress Voids Form Contract Provisions That Impede Consumer Reviews

by Allen Matkins on

To paraphrase William Somerset Maugham’s Of Human Bondage, businesses may ask you for a review, but they only want praise. Indeed some businesses have tried to ensure only good reviews by including non-disparagement clauses...more

Extending the Reach of Octane Fitness Under the Lanham Act **WEB ONLY**

by McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit adopted and applied the Supreme Court of the United States’ rationale for an award of attorneys’ fees in patent cases to a trademark case. In doing so, the Fifth Circuit aligned...more

Pennsylvania Federal Court Remands Litigation Against Broker Back To State Court, Finding That Party Was Not Fraudulently Joined

by Carlton Fields on

The background of this case is that Boomerang Recoveries LLC, a reinsurance program review company, investigated Farmers Insurance Company’s reinsurance contracts to identify any premiums Farmers had been overcharged in...more

Automotive Law Group News: Appellate Court Win for Massachusetts State Auto Dealers Association

by Murtha Cullina on

Murtha Cullina's automotive industry team achieved a victory on behalf of the Massachusetts State Automobile Dealers Association on March 17, 2016 when the Massachusetts Appeals Court voted unanimously to affirm the dismissal...more

The Truth of the Matter – A Successful Defense to Defamation and Product Disparagement Claims

by Dorsey & Whitney LLP on

Years ago, a potential client called to ask if she could be successfully sued for libel if she published a tell-all memoir, revealing the details of a marital affair with a gentleman she intended to identify. My first...more

“Like” it or Not? Tips for Addressing Employee Social Media Use

At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more

False Advertising, Section 75-1.1, and A Seven-Figure Verdict

by Ellis & Winters LLP on

In a recent federal case, section 75-1.1 made the difference between the plaintiff recovering nothing and recovering almost two million dollars. This outcome underscores two key features of section 75-1.1...more

Texas Court Allows Defamation Claim Against Landowner to Proceed

by BakerHostetler on

On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more

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