Contempt

News & Analysis as of

Wait… Did you say jail time for trademark infringement?

Imprisonment in intellectual property infringement cases is rare - although not unheard of. The message from a recent Canadian Federal Court decision is… don’t mess with the Court. They expect compliance with their orders and...more

District Court Denies Request for Contempt Where Defendant Continued to Provide Repairs and Replacement Parts to Enjoined Devices

Plaintiff Advanced Transit Dynamics, Inc. ("Plaintiff" or "ATD") filed an ex parte application for a judgment of civil contempt against Defendant Ridge Corporation's ("Defendant" or "Ridge") for allegedly violating of the...more

LifeLock And FTC Agree To $100 Million Settlement For Alleged Violation Of Prior Injunction Regarding LifeLock’s Data Security...

On December 17, 2015, the Federal Trade Commission (“FTC” or “Commission”) and LifeLock, Inc. (“LifeLock”) announced the largest monetary award obtained by the Commission in an order enforcement action. The settlement...more

LifeLock to Pay $100 Million to Settle Charges it Violated 2010 Court Order

The Federal Trade Commission (FTC) recently approved a $100 million settlement with LifeLock, Inc. to resolve allegations that it violated a 2010 federal court order by failing to take steps required to protect its users’...more

FTC Announces Record Settlement with Identity Theft Protection Company over Alleged Failures to Adhere to a 2010 Court Order

On December 17, the FTC announced a $100 million settlement with an Arizona-based identity theft protection company for violating the terms of a prior federal court order. In 2010, the District Court of Arizona prohibited the...more

LifeLock Will Pay $100 Million to Settle (Again) with FTC

In a significant development, the FTC announced today that LifeLock, the identity theft protection company, has agreed to settle the FTC contempt charges against it for $100 million. This is the largest monetary award the...more

Three Point Shot - December 2015

Keep Off the (Patented) Grass - Maintaining a beautiful lawn usually requires a lot of work, unless you are friends with Edward Scissorhands or install a "Brady Bunch" lawn of artificial grass instead. Installing...more

Punch to the Gut: Government Denied Contempt Ruling in Bayer Probiotic Case

Bayer recently avoided a contempt finding concerning its Phillips’ Colon Health (“PCH”) probiotics advertising. Bayer advertised PCH as “Promot[ing] Overall Digestive Health” and “Help[ing] Defend Against Occasional...more

LifeLock agrees to pay FTC $116M

We previously reported that the Federal Trade Commission (FTC) had filed suit against LifeLock alleging that it had violated a previous settlement with the FTC regarding false advertising and was in contempt....more

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

Accidentally On Purpose: Washington Court Finds Coverage For Contempt Of Court Based On “Misunderstanding”

Professional liability policies cover claims based on the insured’s alleged negligent acts, errors or omissions, and not claims for “sanctions or penalties” for “willful” professional misconduct. But the insurer’s duty to...more

Putting the “force” into enforcement: the Commercial Court sentences arbitration award defaulters to 18 months in prison

A recent decision demonstrates the English courts’ resolve in the enforcement of arbitration awards and court orders. It is a useful reminder to those facing obstructive counterparties of the measures available to enforce...more

No En Banc Review of Panel Decision Vacating a Civil Contempt Remedye - Plus, Inc. v. Lawson Software, Inc.

Addressing the issue of contempt for violation of a non-final injunction, a divided U.S. Court of Appeals for the Federal Circuit declined to rehear en banc a panel decision that vacated a civil contempt holding for violation...more

Court Awards The EEOC Attorneys’ Fees And Contempt Fines In Post-Judgment Discovery Dispute

In EEOC v. Northern Star Hospitality, Inc., No. 12-CV-214 (W.D. Wis.), a case we have blogged about previously here, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin imposed contempt...more

Menomonie Restaurant Owner in Contempt of Court

Wisconsin Company Held in Contempt for Failure to Provide Information and Pay EEOC's Attorney's Fees - MADISON, WISCONSIN - North Broadway Holdings, Inc., owner of a restaurant previously known as Sparx Restaurant, and...more

CPUC Judge Finds Uber in Contempt, Threatens Suspension of Service

Uber may have to suspend service in California and pay a $7.3 million fine as a penalty for withholding information from state regulators, according to a ruling this week by a CPUC administrative law judge. The decision found...more

No Clear Notice, No Contempt - U.S. Polo Ass’n, Inc. v. PRL USA Holdings, Inc.

In the latest episode of a 30-year dispute over the use of marks depicting mounted polo players, the U.S. Court of Appeals for the Second Circuit vacated the district court’s order finding contempt of a 2012 injunction. U.S....more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

Appellate Court Rejects Reliance on Document Retention Policy; Justifies Harsh Sanctions (Washington)

Crews v. Avco Corp., 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015). In this wrongful death action, the plaintiffs sought discovery concerning the design and manufacture of a carburetor that was believed to be the cause...more

Indianapolis Hampton Inn Operators Held in Contempt for Breaching EEOC Consent Decree Settling Earlier Class Race Bias Suit

Federal Court Also Rules That EEOC Is Entitled to Submit a Petition for Fees and Costs. INDIANAPOLIS - A federal judge has held that the operators of the Hampton Inn on Shadeland Avenue in Indianapolis in contempt for...more

Failure to Comply with Terms of EEOC Consent Order Costs Employer $400,000 in Agency's Costs

Under federal civil rights laws, one major difference between suits brought by the Equal Employment Opportunity Commission and private parties involves liability for attorney’s fees. Losing employers must pay the prevailing...more

Diligence and Defensible Deletion Prevent Sanctions (Virgin Islands)

United Corporation v. Tutu Park Ltd., Inc., 2015 WL 457853 (V.I. Super. Jan. 28, 2015). In this breach of contract case, the plaintiff asked the court to impose sanctions on Kmart, a non-party to the suit, and to hold...more

The Dangers of Consent

Once an employer agrees to a Consent Decree with the EEOC (and a court enters the decree), that EEOC dispute is over, right? Oh no. The Consent Decree gives the EEOC a new enforcement tool; with any new act of...more

Jewel-Osco to Pay $400,000 to EEOC for its Fees and Costs in Contempt Action

Company's Breach of Earlier Consent Decree Led to Award to Federal Agency - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today filed notice in U.S. District Court for the Northern District of...more

GE Oil & Gas to Pay EEOC $5,300 for Contempt in EEOC Subpoena Enforcement Action

Company Failed to Comply With Court Order in Race and Age Bias Case - HOUSTON - A federal judge has ordered GE Oil & Gas, Inc., a subsidiary of General Electric Corporation, to pay $5,300 as a sanction for contempt of...more

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