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Copyright Liability Could Cost You and Your Business

Businesses can unknowingly infringe others’ copyrights in all kinds of ways. It’s important for copyright holders to know their rights. It’s also important for those using copyrighted content to be aware of common pitfalls...more

Fourth Circuit Rejects Shareholders’ Security Fraud Claims Based on Optimistic Projections for Merged Company

In a recent decision,  the Fourth Circuit considered a class action lawsuit brought by shareholders of a biopharma company, INC Research Holdings, Inc. (now Syneos Health Inc.). The shareholders had voted to approve a merger...more

The Fourth Circuit Court of Appeals Enters the Cheese Wars: Determining Genericness for Trademark Registration

Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to...more

Not Playing Games: Trademark Dispute Between Gaming Equipment Rivals Reaches Federal Appeals Court

Video gaming is an enormous industry, currently bigger than the movie and music industries combined, and only continues to grow. Two billion people—a quarter of the world’s population—play video games. Gaming generated $155...more

Marriott Investor’s Security Fraud Claims Arising from Data Breach Rejected by Fourth Circuit

The Fourth Circuit dismissed an investor’s lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer...more

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property

A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more

Where Can We Be Sued? The Supreme Court Steers Away from a Clear Answer in Ford Motor Co.

A driver bought a used Ford Crown Victoria in Minnesota. Later, while driving on a rural road with a friend in the passenger seat, he collided with a snow plow. The car landed in a ditch, and its passenger-side air bag did...more

Employee Transfers May Be Considered 'Adverse Actions': Fourth Circuit Provides Guidance

Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions. A recent decision of the U.S. Court of Appeals for the Fourth...more

Helpful But Prejudicial Trial Evidence May Come at a Cost

Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit’s recent decision in 'Macsherry v. Sparrows Point.' Trials are expensive and...more

Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation

The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation. A recent decision of the U.S. Court of Appeals for the Fourth Circuit emphasizes the importance of preserving...more

“This Has to Stop”: Federal Appeals Court Weighs in On Police Brutality

Protestors across America have delivered a firm message in response to the deaths of black citizens at the hands of law enforcement: “This has to stop.” The U.S. Court of Appeals for the Fourth Circuit used the same words on...more

Federal Court Ruling Limits Punitive Damages Awards for Sexual Harassment

Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put...more

Personal Jurisdiction Does Restrict Where a Corporation Can Be Sued

A plaintiff bringing a lawsuit will often want to file close to home, for various strategic and logistical reasons. The appeal of filing at home has perhaps never been stronger, as COVID-19 casts uncertainty on travel plans...more

The Attorney-Client Privilege Is Worth Fighting For

A recent decision of the U.S. Court of Appeals for the Fourth Circuit (one among the 13 appeals courts of the U.S. federal court system) underscores the importance of the attorney-client privilege. In a case titled In re:...more

Federal Court Upholds Rules Prohibiting the Practice of Law by Corporations – Rejecting Attempt by Trade Association to Represent...

On April 19, the U.S. Court of Appeals for the Fourth Circuit rejected a trade association’s constitutional challenge to the North Carolina rules that prevent corporations from providing legal advice. North Carolina’s...more

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