Disclaimers

News & Analysis as of

OEM Disclaimers Withstand Challenge in Helicopter Crash: Damage to helicopter from defective part constitutes excluded...

On July 2, 2015, the U.S. District Court for the Eastern District of New York issued a decision in City of New York v. Bell Helicopter Textron, Inc., 13 CV 6848 that left the plaintiff without any remedy against the...more

FRANCHISOR 101: Contractual Disclaimers Save the Day

A federal court in Florida has ruled that a disclaimer of representations contained in the franchise agreement between a childcare business franchisor and its franchisees barred claims against the franchisor for alleged...more

Is Your SEM FDA Compliant? New Google SEM Policy Forces Pharmaceutical Industry to Adjust Paid Search Advertisements

Upcoming changes to Google AdWords’ ad formats will have a significant impact on pharmaceutical companies that engage in paid search advertising. In a letter to its major media agencies last month, Google announced that it...more

Do Owners Have a Legal Obligation to Disclose All They Know About Their Project Sites?

Unanticipated subsurface conditions can greatly increase the time and cost of construction. When faced with such conditions, contractors understandably look to place responsibility for the additional costs on the owner....more

Tips & Traps When Talking to Potential Investors

The fundraising process requires countless hours to develop and refine an investor pitch. While the majority of that time will be focused on how to find and raise money from the best investors on the best terms, it is...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

Virginia Federal Court Sustains Late Notice Disclaimer

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America, 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), the United States District Court for the Western District of Virginia, applying Virginia...more

Getting the Deal Through - Advertising and Marketing 2015: Canada

Legislation and Regulation - What are the principal statutes regulating advertising generally? The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Georgia Supreme Court to Franchisees: Read Your Contracts!

In July 2001, sisters Michele and Lorraine Reymond approached the defendant, franchisor Legacy Academy, Inc., about the purchase of a daycare franchise to be located in suburban Atlanta. The sisters testified that Legacy...more

LinkedIn Ethics Alert: 4 Things All NY Lawyers Should Know

Even lawyers who don’t practice in New York might want to take note of a formal opinion released this month by the New York County Lawyers Association Professional Ethics Committee....more

Apotex Has Standing Despite Benicar Patent Disclaimer

In Apotex Inc. v. Daiichi Sankyo, Inc., the Federal Circuit held that Apotex has standing to seek a declaratory judgment that it does not infringe Daiichi Sankyo’s patent, even though Daiichi Sankyo has disclaimed the patent...more

A Disclaimer for Disclaimers at the USPTO

You know that feeling when you’ve nearly crossed the finish line? You have done the work, put in the time, and the only step left is to run through the tape. There can be similar moments with trademark applications,...more

Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses [Video]

Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses. This seminar discusses the case of Duggan, LLC v....more

New York Court Dismisses Bad Faith Cause of Action

In its recent decision in Spandex House, Inc. v. Travelers Property Cas. Co. of America, Inc., 2015 U.S. Dist. LEXIS 14667 (S.D.N.Y. Feb. 6, 2015), the United States District Court for the Southern District of New York had...more

Utah Supreme Court Confirms Employee Handbook Disclaimer Can Protect Utah Companies from Implied Contractual Claims

A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more

NY Court of Appeals wrestles with whether insurer that responds to tendering insurer instead of to purported additional insured...

On 10/22/14, the Court of Appeals heard argument in Sierra v. 4401 Sunset Park. The Court had granted Scottsdale leave to appeal from the Second Department’s ruling that Scottsdale’s disclaimer to GNY, which had tendered an...more

Treasury Department Circular 230 Disclaimer Eliminated Form 2848 Incorporates Circular 230

Practitioners should remove any reference to a Circular 230 or IRS requirement in disclaimers sent with any written correspondence. The IRS Office of Professional Responsibility (OPR) may issue letters to some practitioners...more

Significance of Disclaimers in U.S. Trademark Law

In United States trademark applications, it is not uncommon for an Examining Attorney to issue a disclaimer requirement for descriptive portions of a mark. Disclaimers have particular significance in three steps of the...more

Implementing and Enforcing Online Terms of Use

Operators of social media platforms and other websites must manage a large number of risks arising from their interactions with users. In an effort to maintain a degree of predictability and mitigate some of those risks,...more

Using Social Media? Beware of Ethical Pitfalls (Part 2)

With the increasing use of social media by attorneys comes ethical risk. In Part 1 of the blog post, we discussed the risks involved with posting about ongoing matters and blogging without a disclaimer. Here are more tips to...more

Using Social Media? Beware of Ethical Pitfalls (Part 1)

Attorneys are using social media websites more and more. We’re visiting a variety of sites to promote our practices, communicate with our peers, and stay in touch with our clients. But social media presents many ethical...more

IRS Amends Circular 230 Regulations: Standard Tax Disclaimers Should Be Reviewed

The IRS amended the Circular 230 regulations in June, 2014. The main changes are the elimination of the “covered opinion” rules and the written disclosure requirement, as well as the expansion of requirements that apply to...more

IRS Amends Regulations for Written Tax Advice: Say Goodbye to the Circular 230 Disclaimer at the End of Emails

Effective June 12, 2014, the IRS has announced revisions to Circular 230: Regulations Governing Practice Before the Internal Revenue Service that are designed, in part, to provide a more flexible standard for all written tax...more

Disclaimer Requirement of N.Y. Insurance Law § 3420(d)(2) Held Not to Apply to Property Damage Claims

The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp....more

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