Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a...more
Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in...more
There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more
In September 2012, the Ministry of Commerce (“MOFCOM”) issued the Administrative Measures on Single Purpose Commercial Prepaid Cards (Tentative) (“Single Purpose Cards Measures”), which took effect on Nov. 1, 2012, and...more
Gemini Ins. Co. v. Delos Ins. Co. - Court of Appeal, Second District (December 5, 2012) - Many policies have exclusions for coverage or defense of actions between insureds. This case considered such an exclusion where...more
There are 28 people killed in car accidents involving drunk drivers every day throughout the United States. Tougher DUI penalties, wider use of sobriety checkpoints and extensive public education campaigns have contributed to...more
Earlier this month, a restaurant company in the Midwest pled guilty to an immigration charge when a federal investigation revealed that one of the company’s restaurant managers was an undocumented worker who provided the...more
A restaurant in Hermosa Beach, Calif. is testing the bounds of the state’s five-month-old ban on the production and sale of foie gras, a delicacy produced by force-feeding ducks so that their livers become...more
There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with...more
Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more
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