News & Analysis as of

Demand Letter

District of Maryland: Prior Knowledge Exclusion in Policy Application Bars Coverage

by White and Williams LLP on

Professional liability insurance policies often contain prior knowledge exclusions, which typically bar coverage when an insured has “knowledge or information of any act, error or omission which may give rise to a Claim.”...more

Chase Lets Loose a Barrage of New Indemnification Demand Letters

by Bilzin Sumberg on

Ten years after the financial crisis, mortgage companies and regional/local banks are still getting hit with new breach of contract and indemnification claims related to loans sold before the crisis....more

New York Supreme Court Dismisses Derivate Suit, Finding That Shareholder's Letter Constituted A Demand And Business Judgment Rule...

by Shearman & Sterling LLP on

On March 23, 2018, Justice Charles E. Ramos of the Commercial Division of the New York Supreme Court dismissed with prejudice a purported derivative suit alleging that the board of Intercept Pharmaceuticals, Inc....more

Debt Collection Letter’s Inclusion of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza. A New Jersey district court recently held that a debt...more

Your School Could Be One Click Away From A Lawsuit

by Fisher Phillips on

The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both...more

Eleventh Circuit Holds That The Statute Of Limitations On Payment Bond Claim Under Georgia Law Commences At Substantial Completion...

by Pepper Hamilton LLP on

Strickland v. Arch Ins. Co., No. 17-10610, 2018 U.S. App. LEXIS 504 (11th Cir. Jan. 9, 2018) - Strickland provided sand to a paving company (“Douglas”) for a Georgia Department of Transportation (“GDOT”) road improvement...more

Copyright Trolls: The New Face of Copyright Litigation?

by Workman Nydegger on

By now, most people are familiar with the concept of a “patent troll,” but fewer are aware of the increasingly common “copyright troll.” A copyright troll owns a copyright, typically in a feature film or pornographic video,...more

Creative Trademark Enforcement Part III: The Southern Hospitality Of Old No. 7

Over the past few years, we have seen numerous instances of companies protecting their trademarks in creative ways – approaches that leverage humor and the brands themselves in order to achieve an acceptable legal outcome...more

‘Secret’ keys to effective legal demands and responses

by Thompson Coburn LLP on

Internet disputes are often resolved through correspondence. But effective dispute-resolving correspondence often differs from what most people think of as “cease-and-desist letters,” “lawyer letters” or...more

ICBA Negotiates Settlement with Plaintiff Group on Alleged ADA Liability

Numerous community banks that had received demand letters from the advocacy group Access Now alleging that their websites and mobile apps are inaccessible in violation of Title III of the Americans With Disabilities Act (the...more

Call It What You Want. Just Don’t Call It Copyright Infringement.

by Weintraub Tobin on

A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. In so many words, the blogger...more

Without Prejudice: An Invisibility Cloak for a Mature World

by Field Law on

Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second...more

A Kind Demand Letter? Stranger Things Have Happened (Apologies)

Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn!...more

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA's "Validation Notice" Requirement

by Hinshaw & Culbertson LLP on

The Third Circuit Court of Appeals recently reiterated how a debt collector may run afoul of the Fair Debt Collection Practices Act ("FDCPA") by sending a misleading follow-up, even if it served a compliant demand letter...more

The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA

If the summer of 2017 demonstrated anything, it is that health care remains a complex and contentious industry. One of its many complications stems from the natural tension between health care providers and health care...more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

by Snell & Wilmer on

Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Connecticut Will Make You Disclose Personal Customer Data!

by McDermott Will & Emery on

The Connecticut Department of Revenue Services (DRS) recently issued demand letters to many remote sellers requiring that they either: (a) provide electronic sales records for all individual sales shipped to a Connecticut...more

So Your Business Received a Demand Letter, Now What?

by Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Comcast’s Domain Name Enforcement on the Wrong Turf

“Our client is . . . prepared to resolve this matter amicably and without pursuing its claims for damages, but only if you immediately comply with its demands.”...more

Can I be sued for sending a demand letter?

by Dorsey & Whitney LLP on

In the UK, you can be. But the law is about to change and will become much clearer. New legislation will make life a bit easier for IP owners who seek legitimately to enforce their rights....more

Businesses Beat Lawsuits Alleging Website Terms Violate New Jersey Law

Every retailer that does business in New Jersey needs to know about New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which was passed in 1981 to protect the rights of consumers from allegedly...more

Weltman takes on the CFPB's Stance on Meaningful Involvement

This week the CFPB filed suit in the Northern District of Ohio against Weltman, Weinberg & Reis, an Ohio law firm. The complaint is a continuation of the CFPB’s attack on collection law firms and their level of meaningful...more

Court Finds Copyright DJ Action against Music Rights Holder Slightly Out of Tune

by Dorsey & Whitney LLP on

Does a demand letter from a music rights holder that alleges “millions of instances of infringement” create a case in controversy with the recipient? You may be inclined to answer with an emphatic “of course!”...more

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

by Holland & Knight LLP on

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more

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