On July 22, 2024, the European Commission (EC) accepted commitments proposed by Vifor Pharmaceuticals to address disparagement concerns under Article 102 TFEU. This is the EC’s first pure disparagement case and its second...more
European Commission Closes Disparagement Investigation by Accepting Commitments - Under EU and many national competition laws, illegal abuse of a dominant position can take many forms. One such abuse is disparagement, the...more
The European Commission on April 19 opened a public consultation on commitments proposed by Vifor Pharma in response to a formal investigation into allegations of anticompetitive practices related to disparaging claims about...more
The development of case law on disparagement has, to date, been driven mainly by the French competition authority, or has been addressed under consumer protection or other national laws. The European Commission’s (EC’s) and...more
Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more
In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more
Any divorce is fraught with emotion, but some divorcing spouses are less able to control their emotions than others and are filled with anger, frustration, bitterness, and even hatred for the person they once loved. If you...more
The Rise of Artificial Intelligence in the Workplace - Computers are nothing short of marvelous, if not yet conscious. They represent the apogee of modern life, and perhaps more specifically, modern American life: the quest...more
For many law firms, it’s the thick of rankings season, as the third and fourth quarters bring a bevy of submission deadlines, from IP Stars to Legal 500 to Chambers USA. We pursue these programs – reputable recognitions...more
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more
On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more
Just about every county likes to attach “guidelines” to child custody orders and those guidelines almost universally contain a non-disparagement clause proscribing use of language that demeans the other parent in the presence...more
On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more
On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant...more
Court: United States Bankruptcy Court, District of New Jersey - On December 16, 2022, LTL Management LLC, formerly known as Johnson & Johnson Consumer Inc., filed a complaint against Dr. Jacqueline Moline (expert for the...more
Employees often leave schools unhappy — either because they were not satisfied with the work or were terminated involuntarily. More and more often, these departing employees take their grievances to social media and make...more
Governor Brown recently signed Senate Bill 1586, which imposes additional restrictions on settlements of discrimination and harassment claims. It will become effective on January 1, 2023. ...more
The Supreme Court ruled last week that a college board’s censure of a trustee did not violate the First Amendment. David Wilson was an elected member of the Board of Trustees of the Houston Community College (HCC) System...more
What do you suppose the Supreme Court might tell a politician who filed a lawsuit complaining that other politicians said mean things about him? You might think the Court would say, “Toughen up, Buttercup!” Well, yesterday,...more
Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their...more
On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to...more
In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims. ...more
In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements...more
At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing....more
The Iowa Court of Appeals issued an opinion on May 12, 2021, regarding sanctions in a case that originally involved a dispute between an employer and an employee. This case has been the subject of several news stories lately...more