Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Poteat v. Asteak, --- A.3d ---, 2025 PA Super 277 (Pa. Super., Dec. 11, 2025) - A trial court’s grant of preliminary objections in a breach of contract action brought against the plaintiff’s former attorneys was reversed...more
In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an...more
Slip and fall accidents remain one of the most common causes of workplace injuries, particularly during winter months when ice, snow, and wet conditions are present. While many people assume these incidents are handled...more
The US Court of Appeals for the Federal Circuit sustained the Trademark Trial & Appeal Board’s refusal to register trademark applications (over oppositions) for two character marks and a design mark based on the Board’s...more
Game Plan, Inc. v. Uninterrupted IP, LLC, No. 2024-1407, 2025 WL 3534330 (Fed. Cir. Dec. 10, 2025) - On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”)’s decision to cancel Game...more
The Australian High Court has endorsed the views of lower courts and held that litigation funding fees are not recoverable as damages, thereby preventing funding costs being transferred to defendants, in nuisance claims....more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s cancellation of a registration and dismissal of registrant’s opposition, finding that the cancellation petitioner had priority...more
In the recent decision, of Lewis v. Kalbhen, 2025 IL App (1st) 242110, the Illinois Appellate Court, First District, reaffirmed and meaningfully expanded the scope of the absolute litigation privilege, providing important...more
Some brands never fully fade, especially in industries in which nostalgia and cultural memory keep the brand alive long after a product line takes a step back. Nike’s TOTAL 90 line is one such example, remembered from its...more
The Illinois Supreme Court issued an impactful ruling on standing that will likely change the landscape of fee-shifting claims based purely upon statutory harm. View the full decision in Fausett v. Walgreen Co....more
Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the...more
The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information...more
On October 20, the Colorado Supreme Court unanimously affirmed a $40 million medical malpractice verdict, clarifying when and how juries – not judges – should determine damages in catastrophic injury cases that exceed the...more
In Pabai v Commonwealth (No 2) [2025] FCA 796, Justice Wigney in the Federal Court of Australia dismissed a claim from two Torres Strait Islanders, who had alleged that the Commonwealth of Australia has a duty of care to...more
The Supreme Court of the United States will finally settle the circuit court split around the country and address whether state common law claims for negligent hiring/selection are indeed preempted by the Federal Aviation...more
This month, the Fifth Circuit made clear that Texas law does not permit tort recovery when an insured has already been made whole under their policy. ...more
On August 18, 2025, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reversed a district court order dismissing an ethylene oxide (“EtO”) exposure case for lack of Article III standing. The majority in...more
The North Carolina Business Court reaffirmed this spring an earlier decision holding that health care entities in North Carolina have a common law duty to protect patient information independent of requirements under the...more
Maine, like most states, recognizes four fundamental common-law privacy torts: intrusion, appropriation, false light, and public disclosure. This article summarizes the tort of intrusion, sometimes called intrusion upon the...more
Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most of the time, insureds do not read their policies and do not know the precise...more
Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more
Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more
Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more
One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more
This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more