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Disparagement

McDermott Will & Emery

The Vifor Case: Disparagement Reloaded?

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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

McGuireWoods LLP

European Competition Law Newsletter – August 2024

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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

Morgan Lewis

Disparagement Alleged in Iron Medicine Market: EU Commission Seeks Public Feedback on Company’s Proposed Commitments

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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

Skadden, Arps, Slate, Meagher & Flom LLP

EU and UK Consider First Stand-Alone Disparagement Cases

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

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

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

Benesch

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

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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

Burns & Levinson LLP

My Spouse is Airing Our Divorce Online. What Can I Do?

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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

Ward and Smith, P.A.

The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act

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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

Firesign | Enlightened Legal Marketing

Beware the 7 Deadly Sins of Law Firm Awards

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

Kohrman Jackson & Krantz LLP

Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case

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

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

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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

Fox Rothschild LLP

Custody Contempt & The 1st Amendment

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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

Constangy, Brooks, Smith & Prophete, LLP

No-disparagement, confidentiality provisions in separation agreements violate Section 7, NLRB says

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

A&O Shearman

European Commission investigation into Teva’s potential abuse of dominance – misuse of patent procedures and disparagement

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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

Goldberg Segalla

J&J Files Complaint against Plaintiffs’ Expert Dr. Jacqueline Moline

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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

Fisher Phillips

How Do I Keep Departing Employees from Disparaging My School? A Proactive Approach

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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

Tonkon Torp LLP

Further Oregon Restrictions on Settlement of Discrimination and Harassment Claims Are Coming

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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

Bricker Graydon LLP

Supreme Court finds censuring a board member didn’t violate First Amendment

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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

Sands Anderson PC

Supreme Court to Politicians: Toughen Up, Buttercup!

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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

K&L Gates LLP

Trademark Infringement Claims – Does Your CGL Insurer Have a Duty to Defend? A Recent Third-Circuit Decision Says "Yes"

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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

Cozen O'Connor

The Third Circuit Finds Defense Owed for Potentially Covered Advertising Injury

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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

Manatt, Phelps & Phillips, LLP

NAD Finds That Emojis Can Be Claims

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

Weintraub Tobin

Employers Beware – Confidentiality and Non-Disparagement Provisions Face Further Restrictions

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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

Bodman

Disparaging, Immoral, and Scandalous Trademarks: Just Because You Can, Doesn’t Mean You Should

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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

Dentons

Anti-Disparagement Agreements in Iowa

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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

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