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Demand Letter

Farella Braun + Martel LLP

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more

Eversheds Sutherland (US) LLP

Recent CIPA decisions suggest website privacy class actions will continue

Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Issues Long-Awaited Montera Decision Applying New York General Business Law §§ 349 and 350, Confirming “Per...

In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ July 2024

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

Mandelbaum Barrett PC

Avoid the Troll – How to Protect You and Your Business From Inadvertent Copyright Problems

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Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright...more

McDermott Will & Emery

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more

Wiley Rein LLP

Second Circuit Determines Letter Threatening Litigation Constitutes a Claim First Made Prior to the Policy Period

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The United States Court of Appeals for the Second Circuit, applying New York law, has held that a letter asserting legal liabilities and threatening litigation constitutes a claim first made prior to the policy period. The...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-House Counsel Without Litigation Experience Need to Know

1: Initial Considerations - This is the first in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation and facing a suit, especially one...more

Klein Moynihan Turco LLP

Help! I Was Served With A CIPA Lawsuit

Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more

Levenfeld Pearlstein, LLC

A Picture Is Worth a Thousand Words (and Potentially Thousands of Dollars in Statutory Damages)

In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the...more

Constangy, Brooks, Smith & Prophete, LLP

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

Marshall Dennehey

County Court Rules in Favor of Insurer Regarding Attorney’s Fees in Suit Where Insurer Cured Plaintiff’s § 627.736(10) Demand...

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Steven J. Melilli, D.C., P.A., (Patient: M. Krugliak) v. State Farm Mutual Auto. Ins. Co., County Court, 6th Judicial Circuit Pinellas County, Case No: 19-004553-SC - This suit involved a complaint filed by the plaintiff...more

Troutman Pepper

EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction

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One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a...more

Dunlap Bennett & Ludwig PLLC

What Are The Grounds For A Cease-And-Desist Letter?

If someone is hurting you or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). What is it, and what are the grounds for a cease and desist letter? This letter informs the...more

Wiley Rein LLP

Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy

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A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline. In November 2017, the insured...more

Wiley Rein LLP

Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date

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The U.S. Court of Appeals for the Ninth Circuit, applying Nevada law, has held that a policy’s warranty exclusion bars coverage for a demand letter alleging that the insured was on notice of fraud by the named insured’s...more

Buckingham, Doolittle & Burroughs, LLC

How to File a Defamation Lawsuit

In a world where information travels at the speed of a click, protecting your reputation is more important than ever. When false and defamatory content is published online, it can rapidly spread to thousands of people in a...more

Oberheiden P.C.

6 Tips for Beating a Cease and Desist Letter

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Individuals and companies that receive a cease and desist letter face the very real potential for legal liability if the letter is not handled appropriately and effectively. For business owners and stakeholders, there is no...more

Womble Bond Dickinson

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand...

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California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this...more

Wiley Rein LLP

Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application

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The United States District Court for the Middle District of Florida has held that an insurer was entitled to rescind a professional liability insurance company where the insured architecture firm made multiple material...more

Amundsen Davis LLC

What to Do if You Are Defamed on Social Media

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Everyone is a little braver when hiding behind their keyboard. Words fly a little easier online where the speaker and target of the speech do not occupy the same physical space. The exponential echoes of manufactured gossip...more

Marshall Dennehey

Fourth District Court of Appeals Affirms Trial Court Ruling That Assignee’s Pre-Suit Demand Letter Was Not Precise as to Amount...

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Chris Thompson, P.A. a/a/o Elmude Cadau v. Geico Indemnity Co., Nos. 4D21-1820 and 4D21-2310 (47 Fla. L. Weekly D 1588) - This controversy was brought on an appeal before the Fourth District Court of Appeals due to the lower...more

Holland & Hart LLP

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

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All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in...more

McGlinchey Stafford

Do I Have Standing Under the TCPA? - McGlinchey Commercial Law Bulletin - July 11, 2023

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Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more

Warner Norcross + Judd

Dodging Defamation Dilemmas: Six Hurdles to Know Under Michigan Law

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For plaintiffs, defamation cases are often an uphill battle to prove and win. For defendants, they can be a slam dunk or a fact-intensive battle over defamation defenses. But knowing the hurdles, and how to avoid them, can...more

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