Disparagement

Foul play over US trademark

by Edward Lee, Douglas N. Masters | Loeb & Loeb LLP on 5/15/2013

The Washington Redskins name has attracted fierce debate over the years. Edward Lee and Douglas Masters, attorneys at Loeb & Loeb, discuss the latest attempt to revoke the mark - US trademark law prohibits the...more

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

by John Green | Farella Braun + Martel LLP on 2/8/2013

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

by Scott T. Silverman | Akerman Senterfitt on 2/5/2013

Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

by Rod Fliegel, Jennifer Mora, William Simmons | Littler on 2/5/2013

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

by Walter Judge | Downs Rachlin Martin PLLC on 2/4/2013

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

Product Disparagement At Heart of Merge/Medstrat Lawsuit Over Lost Customers

by Kenneth Vanko | Clingen Callow & McLean, LLC on 11/28/2012

As reported in Crain's Chicago Business on Monday, Merge Healthcare Inc. has filed suit against rival Medstrat for allegedly using unfair means to target a specific group of clients. Merge and Medstrat are competitors in the...more

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