Alerts & Industry Summaries

IP Industry Summary: Court slices through blade manufacturer’s request for a preliminary injunction in false advertising suit against rival.

Thu, 11 Apr 2013 15:45:00 GMT

Leatherman Tool Group, Inc. v. Coast Cutlery Co., 823 F.Supp.2d 1150 (D. Or. 2012) In Leatherman Tool more

IP Industry Summary: Court rejects notion that selling legitimate products at seriously discounted prices can constitute trademark infringement.

Thu, 11 Apr 2013 15:43:35 GMT

Brain Pharma, LLC v. Scalini, No. 12-60132-CIV-COHN/SELTSER, 2012 WL 1563917 (S.D. Fla. Apr. 20, 2012) Plaintiff,

IP Industry Summary: Georgia State University students will continue to enjoy e-reserves thanks to the Fair Use Doctrine.

Thu, 11 Apr 2013 15:42:17 GMT

Cambridge University Press v. Becker, Slip Copy, 2012 WL 1835696, N.D.Ga., May 11, 2012 (NO. 1:08-CV-1425-ODE) more

IP Industry Summary: Maywheather un'beat'able in copyright infringement suit.

Thu, 11 Apr 2013 15:41:15 GMT

Dash v. Mayweather, Slip Copy, 2012 WL 1658934, D.S.C., May 11, 2012 (NO. 3:10-CV-1036-JFA) The

IP Industry Summary: Ninth Circuit rules subjective similarity best left to juries.

Thu, 11 Apr 2013 15:39:31 GMT

L.A. Printext Indus., Inc. v. Aeropostale, Inc., 676 F.3d 841 (9th Cir. 2012) In a broad opinion the Ninth

IP Industry Summary: No likelihood of confusion between GROUPION and GROUPON marks.

Thu, 11 Apr 2013 15:26:46 GMT

Groupion, LLC v. Groupon, Inc., 826 F. Supp. 2d 1156 (N.D. Cal. 2011) Plaintiff Groupion offers a web-based

IP Industry Summary: Plaintiff does not need to allege use of its trademark to survive a motion to dismiss a false association claim.

Thu, 11 Apr 2013 15:25:45 GMT

Neighborhood Assistance Corp. of Am. v. First One Lending Corp., No. SACV 12-463 DOC(MLGx), 2012 WL 1698368 (C.D. Cal. more

IP Industry Summary: SDNY tells Guess? to knock it off and pay $4.66 million in damages to Gucci for trademark infringement.

Thu, 11 Apr 2013 15:24:29 GMT

Gucci America, Inc. v. Guess?, Inc., 2012 WL 1847646, No. 09 Civ. 4373(SAS) (May 21, 2012) In Gucci more

IP Industry Summary: 8th Cir. affirms – First National Bank South Dakota likely to be confused with First National Bank in Sioux Falls.

Wed, 10 Apr 2013 19:58:52 GMT

First National Bank in Sioux Falls v. First National Bank South Dakota, No. 11-1568, 11-1683, 2012 WL 1887125 (8th more

IP Industry Summary: Broad local recognition of FESTIVAL OF TREES enough to avoid categorization as a generic term.

Wed, 10 Apr 2013 19:56:31 GMT

Primary Children’s Medical Center Foundation v. Scentsy, Inc., No. 2:11-CV-1141, 2012 WL 2357729 (D. Utah June 20, more

IP Industry Summary: Chanel, Inc. granted preliminary injunction against websites selling counterfeit Chanel products.

Wed, 10 Apr 2013 19:55:12 GMT

Chanel, Inc. v. chanel255.org, Slip Copy, 2012 WL 1941598, S.D.Fla., May 29, 2012 (NO. 12-21762-CIV) Chanel,

IP Industry Summary: Court signals that manufacturing receivers designed to circumvent satellite encryption violates the DMCA and FCA.

Wed, 10 Apr 2013 19:53:43 GMT

DISH Network, L.L.C. v. Sonicview USA, Inc., No. 09–cv–1553–L(WVG), 2012 WL 1965279, slip op. (S.D. Cal. May 31, 2012) more

IP Industry Summary: Failure to Allege a Single Example of Similarity Between Copyrighted Works Results in Dismissal.

Wed, 10 Apr 2013 19:50:37 GMT

Dixon v. Sony Corp. of America, No. 12-60160-CIV, 2012 WL 1886550 (S.D. Fla. May 23, 2012) Plaintiff sued

IP Industry Summary: Federal Circuit Holds that Court Must Look at All Evidence When Determining Fair Market Value of Copyright License.

Wed, 10 Apr 2013 19:49:17 GMT

Gaylord v. United States, 678 F.3d 1339 (Fed. Cir. 2012) Plaintiff sculpted a series of nineteen

IP Industry Summary: Florida Court rules infringement claim is not sizzlin.

Wed, 10 Apr 2013 19:45:00 GMT

Western Sizzlin Corp. v. Pinnacle Business Partners, L.L.C., 2012 WL 2048261 (M.D. Fl. 2012) The Middle

IP Industry Summary: Former business relationship in North Carolina enough for court to deny Capitol Ministries’s prayer for 12(b)(2) motion to dismiss.

Wed, 10 Apr 2013 19:44:11 GMT

Capitol Commission, Inc. v. Capitol Ministries, 826 F. Supp. 2d 879 (E.D.N.C. 2011) Capitol Commission

IP Industry Summary: Makers of headphones sound off in trademark dispute. Court finds plaintiffs’ request for a preliminary injunction Ludacris.

Wed, 10 Apr 2013 19:43:04 GMT

Signeo USA, LLC v. SOL Republic, Inc., No. 5:11-CV-06370-PSG, 2012 WL 2050412 (N.D. Cal., June 06, 2012) Plaintiff

IP Industry Summary: Size does matter - TEXAS TOAST mark deemed generic as applied to croutons.

Wed, 10 Apr 2013 19:41:26 GMT

T. Marzetti Company v. Roskam Baking Company, 680 F.3d 629 (6th Cir. 2012) Plaintiff, T. Marzetti Company,

IP Industry Summary: Using trademark symbol with a generic term does not constitute false advertising under 43(a).

Wed, 10 Apr 2013 19:40:12 GMT

Southern Snow Manufacturing Co. v. Snow Wizard Holdings, Inc., 829 F. Supp. 2d 437 (E.D. La. 2011) Plaintiff

IP Industry Summary: ASCAP appeals District Court's reasonable royalty fee determination.

Wed, 10 Apr 2013 19:38:55 GMT

American Society of Composers, Authors and Publishers v. MobiTV, Incorporation, 681 F.3d 76 (2d Cir. May 22, 2012) more

IP Industry Summary: DC Circuit declares Copyright Royalty Board structure Unconstitutional.

Wed, 10 Apr 2013 19:38:01 GMT

Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board and Library of Congress, No. 11-1083, 1012 WL more

IP Industry Summary: Hot dog company relishes district court’s frank decision denying preliminary injunction.

Wed, 10 Apr 2013 19:36:46 GMT

Vienna Beef, Ltd. v. Red Hot Chicago, Inc., 833 F. Supp. 2d 870 (N.D. Ill. 2011) Plaintiff Vienna Beef,

IP Industry Summary: Louis Vuitton awarded preliminary injunction against websites selling counterfeit LV goods.

Wed, 10 Apr 2013 19:35:50 GMT

Louis Vuitton Malletier, S.A. v. 1854louisvuitton.com, et al., 2012 WL 2576216, (D.Nev., July 3, 2012) In

IP Industry Summary: Louis Vuitton’s Claim of Trademark Infringement Considered Unfashionable by Southern District of New York.

Wed, 10 Apr 2013 19:34:43 GMT

Louis Vuitton Mallatier S.A. v. Warner Brothers Entertainment Inc., 2012 WL 2248593 (S.D.N.Y. 2012) Louis

IP Industry Summary: Ninth Circuit explains relevance of non-consumer confusion.

Wed, 10 Apr 2013 19:33:19 GMT

Rearden LLC v. Rearden Commerce, Inc., No. 10-16665, 2012 WL 2402012 (9th Cir. June 27, 2012) Plaintiffs

IP Industry Summary: Seventh Circuit Finds Fair Use - South Park Prevails in Parody Proceeding.

Wed, 10 Apr 2013 19:32:15 GMT

Brownmark Films, LLC v. Comedy Partners, 682 F.3d 687 (7th Cir. 2012) The plaintiff, Brownmark Films

IP Industry Summary: 7th Circuit Kills Copyright Infringement Case; Finds Kanye West’s Claims Stronger.

Wed, 10 Apr 2013 19:30:56 GMT

In Peters v. West, No. 11-1708, 2012 WL 3553417 (7th Cir. Aug. 20, 2012), the Seventh Circuit found two identically named hip hop songs more

IP Industry Summary: All dolled up with nowhere to go: Court rejects copyright infringement claim brought against manufacturer of Bratz.

Wed, 10 Apr 2013 19:29:42 GMT

Belair v. MGA Entertainment, Inc., 831 F. Supp. 2d 687 (S.D.N.Y. 2011)
Plaintiff owned the

IP Industry Summary: Federal Circuit – Using software to facilitate consumers’ purchases on Lens.com not “use in Commerce."

Wed, 10 Apr 2013 19:28:41 GMT

Lens.com, Inc. v. 1-800 Contacts, Inc., 686 F.3d 1376 (Fed. Cir. 2012) In 1998, the USPTO issued a

IP Industry Summary: First Circuit addresses burden of proof for willfulness finding in trademark case.

Wed, 10 Apr 2013 19:26:34 GMT

Fishman Transducers, Inc. v. Paul, --- F.3d ---, 2012 WL 2542879 (1st Cir. July 3, 2012) Plaintiff was in

IP Industry Summary: Court closes the book on copyright infringement claim - rules social media website not liable for users’ bookmarks.

Wed, 10 Apr 2013 19:25:14 GMT

Flava Works, Inc. v. Gunter, No. 11-3190, 2012 WL 3124826
(7th Cir. Aug. 2, 2012)
In vacating

IP Industry Summary: Medical syringe company finds competitors’ mark a sticking point; pricks its ire.

Wed, 10 Apr 2013 19:24:04 GMT

DuoProSS Meditech Corp. v. Inviro Medical Devices, Ltd., No 2012-1050, 2012 WL 3292920 (Fed. Cir. Aug. 14, 2012) more

IP Industry Summary: SDNY Finds Farmers Too Sophisticated For Confusion

Wed, 10 Apr 2013 19:22:15 GMT

Aceto Agricultural Chemicals Corp. v. Bayer Aktiengesellsschaft,
2012 WL 3095060 (S.D.N.Y. 2012)
more

IP Industry Summary: Sixth Circuit settles questions related to fair use defense and apportionment of profits in copyright infringement case.

Wed, 10 Apr 2013 17:54:14 GMT

Balsley v. LFP, Inc., --- F.3d ---, 2012 WL 3517571 (6th Cir. 2012) Plaintiff Balsley is a newscaster. In

IP Industry Summary: Southern District of New York bounces out trampoline maker’s trade dress infringement and dilution claims.

Wed, 10 Apr 2013 17:47:28 GMT

Urban Group Exercise Consultants, Ltd. v. Dick’s Sporting Goods, Inc., No. 12 Civ. 3599, 2012 WL 3240442 (S.D.N.Y. more

Construction Law Industry Summary: Alabama Federal Court Reaffirms Hall Street’s Limited Bases For Vacating An Arbitration Award.

Wed, 10 Apr 2013 17:40:25 GMT

Scurtu v. Hospitality and Catering Management Services, Slip Copy, 2012 WL 4061759 (S.D.Ala. September 13, 2012). more

IP Industry Summary: Second Circuit holds that § 111 license does not extend to live streaming of copyrighted television programs over the Internet.

Wed, 10 Apr 2013 17:36:25 GMT

WPIX, Inc. v. IVI, Inc., --- F.3d ---, 2012 WL 3645304 (2d Cir. 2012) The plaintiffs owned copyrighted

IP Industry Summary: Court Partial to Partitioning Copyrights for Car Parts Providers’ Computer Program.

Wed, 10 Apr 2013 15:58:59 GMT

US Auto Parts Network Inc. v. Parts Geek LLC, Nos. 10–56194, 10–56129, 2012 WL 3764704 (9th Cir. Aug. 31, 2012) more

IP Industry Summary: Court vanquishes copyright infringement claim against Percy Jackson & the Olympians.

Thu, 11 Apr 2013 15:48:01 GMT

DiTocco v. Riordon, No. 11-4438-cv, 2012 WL 4016898 (2d Cir. Sept. 13, 2012) The Second Circuit threw out a

IP Industry Summary: Federal Circuit: Declaratory judgment plaintiff under license to patentee may have the burden to prove noninfringement.

Wed, 10 Apr 2013 15:54:57 GMT

Medtronic Inc. v. Boston Scientific Corp., Nos. 2011-1313, 2011-1372, 2012 WL 4075624 (Fed. Cir. Sept. 18, 2012) more

IP Industry Summary: Plaintiff’s misunderstanding of trademark versus copyright protection not enough for motion to dismiss.

Wed, 10 Apr 2013 15:53:17 GMT

Lafarga v. Lowrider Arte Magazine, No. SACV11-1501, 2012 WL 3667441 (C.D. Cal. Aug. 24, 2012) Plaintiff

IP Industry Summary: The beginning of a beautiful friendship — district court preliminarily enjoins use of Humphrey Bogart’s name.

Wed, 10 Apr 2013 15:52:10 GMT

Bogart, LLC v. Ashley Furniture Industries, Inc., No. 3:10-CV-39 (CDL), 2012 WL 3745833 (M.D. Ga. Aug. 28, 2012). more

IP Industry Summary: Court kisses lip print infringement claim goodbye – finds no likelihood of confusion between plaintiff’s and competitor’s lipstick logo on vodka.

Tue, 09 Oct 2012 20:59:34 GMT

JL Beverage Company, LLC v. Beam, Inc., No. 2:11-cv-00417-MMD-CWH, 2012 WL 4472097 (D. Nev. Sept. 25, 2012) more

IP Industry Summary: Court tosses Pizza franchisee’s request to renew franchise agreement.

Fri, 19 Oct 2012 15:07:43 GMT

Sioux Falls Pizza Company, Inc. v. Little Caesar Enterprises, 858 F. Supp. 2d 1053 (2012) In Sioux more

IP Industry Summary: Encroaching Upon Another Circuit: First Circuit Adopts Progressive Encroachment Doctrine in Trademark Case.

Tue, 23 Oct 2012 21:01:11 GMT

Oriental Financial Group, Inc. v. Cooperativa de Ahorro y Crédito Oriental, Nos. 11–1473, 11–1476, 2012 WL 5073529 more

IP Industry Summary: Facebook History Publisher Not Liable for Copyright Infringement

Thu, 18 Oct 2012 16:23:39 GMT

Greenspan v. Random House, Inc., 859 F.Supp.2d 206 (D. Mass. 2012) Aaron Greenspan, author of the book Authoritas: One Student’s Harvard Admissions and the Founding of the Facebook Era more

IP Industry Summary: Federal Circuit rejects heightened standard of materiality in analyzing primarily geographically deceptively misdescriptive mark.

Tue, 16 Oct 2012 14:21:34 GMT

In Re Miracle Tuesday, LLC, No. 2011-1373, 2012 WL 4697447 (Fed. Cir. 2012) Plaintiff filed an

IP Industry Summary: Malibu Media Takes A Hit

Thu, 18 Oct 2012 19:07:30 GMT

Malibu Media, LLC v. John Does 1 through 12, No. 2:12 – CV – 01453 KJM DAD, 2012 WL 48666322 (E.D. Cal, Oct. 12, 2012) more

IP Industry Summary: MISSION for Mexican packaged food products and MISSION BURRITO for a Mexican food chain too close for 5th Circuit’s taste.

Wed, 17 Oct 2012 19:57:29 GMT

Gruma Corporation v. Mexican Restaurants, Inc., No. 11-41105, 2012 WL 4842036 (5th Cir. Oct. 11, 2012) Plaintiff

IP Industry Summary: State trademark registration is a diamond jeweler’s best friend in seeking a preliminary injunction.

Tue, 16 Oct 2012 20:56:32 GMT

Diamonds Direct USA, Inc. v. BJF Holdings, Inc., No. 3:12CV303-HEH, 2012 WL 4574140 (E.D. Va. 2012) Plaintiff

IP Industry Summary: Not Going Extinct: Judge Refuses to Reduce Dinosaur Photo Copyright Award

Tue, 27 Nov 2012 20:56:47 GMT

Psihoyos v. John Wiley & Sons, Inc., No. 11 Civ 1416(JPO), 2012 WL 5506121 (S.D.N.Y. Nov. 7, 2012) On

IP Industry Summary: Bittersweet Victory for Longhorn Steakhouse

Mon, 12 Nov 2012 20:27:23 GMT

Darden Restaurants, Inc. v. Wilson-Hall, No. 1:11—CV—03497—RWS, 2012 WL 5287031 (N.D. Ga. Oct. 22, 2012) Darden

IP Industry Summary: Can a State Block Your Domain Name?: 5th Circuit Remands Texas Case for 1st Amendment Inquiry

Tue, 06 Nov 2012 15:36:36 GMT

Gibson v. Texas Dept. of Insurance—Division of Workers’ Compensation, No. 11-11136, 2012 WL 5330890 (5th Cir. Oct. 30, more

IP Industry Summary: Court Concludes that Numeric Part Numbers Are Not Source Identifiers.

Mon, 26 Nov 2012 16:35:40 GMT

Wilden Pump and Engineering LLC v. JDA Global LLC, No. CV 12-1051 ODW (DTBx), 2012 WL 5363319 (C.D. Cal. Oct. 29, 2012) more

IP Industry Summary: MGA Dolls are Bratz but not Infringers.

Tue, 27 Nov 2012 15:48:53 GMT

Belair v. MGA Entertainment, No. 11—5259—cv., 2012 WL 5862339 (2d. Cir. Nov. 20, 2012) MGA Entertainment

IP Industry Summary: Nikita, Natasha: Judge Dismisses Copyright Suit Against Elton John

Thu, 08 Nov 2012 18:31:52 GMT

Hobbs v. John, No. 12 C 3117, 2012 WL 5342321 (N.D. Ill. Oct. 29, 2012). On October 29, 2012, the Northern

IP Industry Summary: Ninth Circuit Finds Laches Defense a Total Knockout.

Mon, 26 Nov 2012 16:39:05 GMT

Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. 2012) Plaintiff sued for copyright

IP Industry Summary: One Law Firm Under a Groove, Just for the Funk of It

Wed, 05 Dec 2012 19:29:57 GMT

Hendricks & Lewis v. George Clinton, No. C12-0841RSL., 2012 WL 5947638 (W.D. Wash. Nov. 27, 2012) The

IP Industry Summary: Is Virtual Property Real or Intellectual?: Second Life Class Action Moves Forward.

Wed, 12 Dec 2012 22:33:37 GMT

Evans v. Linden Research, Inc., No. C 11–01078 DMR, 2012 WL 5877579 (N.D. Cal. Nov. 20, 2012). On November

IP Industry Summary: Truly Incontestable: Trademark Owner Violates Opposition Settlement Agreement, But Keeps Mark

Wed, 09 Jan 2013 15:50:52 GMT

AFFCO New Zealand, Ltd. V. American Fine Foods Corp., No.12-21325-CIV, 2012 WL 6644997 (S.D. Fla. Dec. 20, 2012) more

IP Industry Summary: Urban Outfitters Driven From its Land by Navajo Nation . . . to Defend Lawsuit.

Thu, 31 Jan 2013 22:02:54 GMT

Navajo Nation v. Urban Outfitters, Inc., No. Civ. 12—195 LH/WDS, 2013 WL 258414 (D.N.M. Jan. 16, 2013) In

IP Industry Summary: Yo Adrian, I Ain’t No Infringer

Wed, 16 Jan 2013 15:12:08 GMT

Webb v. Stallone, __ F. Supp. __, No. 11 Civ. 7517(JSR), 2012 WL 6691066 (S.D.N.Y. Dec. 26, 2012) Rocky

IP Industry Summary: Argument for a License to use Haiti Earthquake TwitPics via Twitter’s Terms of Service is Too Shaky for NY District Court.

Fri, 08 Feb 2013 17:14:24 GMT

Agence France Presse v. Morel, No. 10 Civ. 02730, 2013 WL 146035 (S.D.N.Y. Jan. 14, 2013) Photographer Daniel Morel has

IP Industry Summary: California District Court Not Crazy about Extending First Amendment to Private Actors in the DMCA Context.

Mon, 11 Feb 2013 15:46:15 GMT

Last month, another opinion was published in the latest chapter of a highly publicized legal battle. In 2007, Plaintiff Stephanie Lenz (“Lenz”)

IP Industry Summary: Who Dat Think They Gon Beat Them Grocery Sellers?

Thu, 07 Mar 2013 20:27:29 GMT

Who Dat, Inc. v. Rouse’s Enterprises, LLC, No. 12—2189, 2013 WL 395477 (E.D. La Jan. 31, 2013) Who Dat

IP Industry Summary: No First-Sale Doctrine for Digital Music Files

Mon, 08 Apr 2013 20:01:00 GMT

Capitol Records, LLC v. ReDigi, Inc., No. 12 CIV. 95 RJS, 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013) The

IP Industry Summary: Second Circuit Finds Rastafarians Transformative in Copyright Fair Use Case.

Tue, 07 May 2013 14:55:11 GMT

Cariou v. Prince, No. 11–1197–cv, 2013 WL 1760521 (2d Cir. Apr. 25, 2013) The Second Circuit Court of

FTC Updates Merger Filing Thresholds

Mon, 30 Jan 2012 21:00:05 GMT

On January 25, 2012, the Federal Trade Commission (FTC) announced its updated dollar thresholds to merger filings required by the more

Information Statements Due by January 31, 2012 for ISO Exercises and ESPP Stock Transfers

Fri, 20 Jan 2012 17:54:30 GMT

No later than January 31, 2012, employers must provide information statements to their employees to report more

New Department of Labor Regulations Offer More Investment Advisers the Opportunity to Provide Advice to Participants in 401(K) Plans and IRAs

Wed, 04 Apr 2012 19:31:30 GMT

On December 27, 2011, new DOL regulations (the New Regulations)[1] designed to encourage more financial advisers to offer investment more

New Guidance Issued for Reporting the Cost of Health Coverage on Forms W-2

Tue, 10 Jan 2012 15:37:57 GMT

In March of 2011, the Internal Revenue Service (Service) issued Notice 2011-28 which provided interim guidance regarding the more

NLRB Decision Finding Arbitration Agreement Unlawful Affects Unionized and Non-Unionized Employers Alike

Wed, 11 Jan 2012 17:56:26 GMT

The National Labor Relations Board (the "NLRB" or the “Board”) has ruled that a mandatory arbitration agreement preventing employees from more

President Obama’s Recess Appointments to Consumer Financial Protection Bureau and National Labor Relations Board May Be Unconstitutional

Thu, 05 Jan 2012 20:06:32 GMT

On January 4, 2012, President Obama announced that he will use recess appointments to make Richard Cordray the first director of the more

California Attorney General and Mobile Platform Providers Agree to Require Mobile Software Application Developers to Implement Privacy Policies

Wed, 04 Apr 2012 19:29:21 GMT

On February 22, California Attorney General Kamala Harris announced a privacy agreement concerning mobile software applications with the more

Final Summary of Benefits and Coverage Rules – A Rocky Compliance Road for Employer Plans

Wed, 18 Apr 2012 19:54:09 GMT

On February 14th the Departments of Treasury, Labor and Health and Human Services (the Departments) issued final regulations more

Future Guidance Outlined for Automatic Enrollment, Employer Responsibilities and Waiting Periods

Wed, 15 May 2013 15:09:55 GMT

This month, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury released yet another page from their more

Georgia Once Again Allows Nonlawyers to File Responses to Garnishments

Fri, 10 Feb 2012 14:47:25 GMT

As we reported in our September 28, 2011 Legal Alert, the Georgia Supreme Court held last year that only licensed Georgia attorneys could more

Liability Insurers With Grounds Must Timely Disclaim Coverage Even While Investigating Claim George Campbell Painting v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa.

Thu, 09 Feb 2012 17:36:59 GMT

The First Department of the New York Appellate Division has now overruled its own precedent and joined the Second Department in holding more

PTO Proposes Rules for New Post Grant Proceedings

Thu, 09 Feb 2012 16:40:10 GMT

The United States Patent and Trademark Office (PTO) published three Notices of Proposed Rulemaking regarding the implementation of the inter more

The Domino's Effect: How Following the Letter of the FCRA Could Save your Business from a Litigation Chain Reaction

Tue, 31 Jan 2012 21:42:20 GMT

Despite its somewhat misleading title, The Fair Credit Reporting Act (FCRA) applies to criminal background checks. The FCRA provides for more

The NLRB Further Paves the Way for Mini-Bargaining Units

Wed, 01 Feb 2012 17:49:55 GMT

The National Labor Relations Board (the “Board”) continues to pave the way for unions to organize relatively small, narrowly defined more

New JOBS Act Facilitates Private and Public Capital Formation

Wed, 20 Mar 2013 18:23:14 GMT

New JOBS Act Facilitates Private and Public Capital Formation The President is expected to sign into law more

OSHA Revises Hazard Communication Standard

Wed, 04 Apr 2012 19:28:48 GMT

The United States Department of Labor's Occupational Safety and Health Administration (“OSHA”) has announced a comprehensive more

Title Companies Limit Ability to Use Deed-in-Lieu as a Remedy

Tue, 10 Apr 2012 16:28:02 GMT

It has come to our attention that Fidelity National Title Insurance Company, First American Title Insurance Company, Stewart Title Insurance more

EEOC Clarifies That Title VII Protects Transgender Employees and Applicants

Mon, 18 Mar 2013 13:30:11 GMT

On April 20, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) adopted the position that employment discrimination against more

Mandatory Fees on Health Plan Insurers and Plan Sponsors to Fund Research

Thu, 19 Apr 2012 02:09:08 GMT

Last week, the Internal Revenue Service issued proposed regulations on the fees imposed on specified health insurance issuers and plan more

NLRB Posting Requirement Further Delayed

Tue, 17 Apr 2012 21:40:53 GMT

We previously reported on the National Labor Relations Board's ("NLRB") controversial new rule requiring employers covered by the National Labor more

SEC Interprets JOBS Act Changes to Registration and Deregistration Requirements

Mon, 16 Apr 2012 18:55:47 GMT

On April 11, 2012, the SEC issued guidance, in the form of Frequently Asked Questions (FAQs), on the implementation of changes to more

Supreme Court of California Clarifies California Meal and Rest Break Requirements

Fri, 13 Apr 2012 17:32:54 GMT

On April 12, 2012, the Supreme Court of California issued a long-awaited decision involving the interpretation of California’s meal and more

The JOBS Act: What to Expect from the Not-So-Private Private Placement Regulations

Wed, 30 May 2012 14:43:55 GMT

One of the most significant provisions of the Jumpstart Our Business Startups Act (the “JOBS Act”), which was signed into law by President Obama

What is Unauthorized Access Under the CFAA? Lessons Learned from United States v. Nosal

Fri, 10 May 2013 14:33:26 GMT

On April 10, 2012, the Ninth Circuit en banc decision in United States v. Nosal was published,[1] resolving the question of how a more

Federal Court Strikes Down NLRB's Revised Representation Case Rules

Thu, 17 May 2012 18:01:19 GMT

Just two weeks after the April 30, 2012 effective date of the National Labor Relations Board’s (“NLRB”) controversial new rule changing some of the more

Supreme Court of California Deals Another Blow to State Meal and Rest Break Cases

Mon, 14 May 2012 15:49:36 GMT

In a decision filed yesterday, the Supreme Court of California issued a ruling that may help to slow the flood of lawsuits more

Facebook to Require Mobile Software Application Privacy Policies

Fri, 06 Jul 2012 19:45:32 GMT

Like other software application platforms before it, Facebook has signed on to a deal with California requiring its mobile more

Georgia Supreme Court Sanctions Coverage for “Diminution of Value” Caused by Damage to Insured Commercial Property

Tue, 12 Jun 2012 14:40:52 GMT

In what may be the first appellate ruling in the United States on the issue, the Georgia Supreme Court has ruled that a commercial policyholder more

Insurance May Cover Losses for Companies Sued for Recording Zip Codes

Mon, 04 Jun 2012 19:19:41 GMT

Last year, the California Supreme Court held that retailers may violate the Song-Beverly Credit Card Act of 1971, Cal. Civil Code § 1747 et more

National Labor Relations Board Provides a Road Map for Social Media Policies

Wed, 06 Jun 2012 18:16:54 GMT

Social media websites, such as Facebook, Twitter, and personal blogs, give employees an unprecedented opportunity to spread unflattering more

Supreme Court Tackles Extent of Federal Subject-Matter Jurisdiction Over Compulsory Counterclaims in Cases Presenting Abandoned Claims

Wed, 19 Sep 2012 15:55:58 GMT

On June 25, 2012, the United States Supreme Court granted a petition for certiorari in Nike, Inc. v. Already, LLC, 663 F.3d 89 (2d more

Facebook Resolves User Right of Publicity Claims Concerning Sponsored Stories Advertising

Fri, 06 Jul 2012 19:00:58 GMT

Facebook recently settled a class-action lawsuit stemming from Facebook’s alleged unauthorized use of users’ photographs in ‘sponsored more

Georgia Court Rejects An Insurer’s “Boilerplate” Language Purporting to Reserve Unasserted Coverage Defenses

Tue, 17 Jul 2012 17:45:47 GMT

Unless insurance coverage is absolutely clear, liability insurers usually will not assume the defense of an insured without issuing a more

Texas Court Rejects “Common Interest” Privilege for Insurer Claims Reports

Fri, 20 Jul 2012 14:00:51 GMT

Typically, insurers will send periodic reports to their insureds regarding the status of pending workers compensation bodily injury more

A National Footprint: Patent Office with Satellite Locations

Fri, 17 Aug 2012 19:18:38 GMT

Last month, the USPTO opened its very first satellite office in Detroit and announced the planned opening of three additional offices in more

Final Patent Office Rules Improve and Clarify Inter Partes Review Proceeding

Thu, 23 Aug 2012 13:22:08 GMT

On August 14, 2012, the U.S. Patent & Trademark Office (“PTO”) issued its final rules for implementation of the new “inter partes more

NAD recommends changes to advertisement highlighting one “true but not typical” customer experience

Wed, 15 Aug 2012 14:25:03 GMT

The National Advertising more

Proposed First-to-File Rules and Examination Guidelines Open for Comment

Thu, 16 Aug 2012 20:28:23 GMT

On July 26, 2012, the USPTO released in the Federal Register proposed changes to the patent rules and examination guidelines for more

SEC Conflict Minerals Rule Appears to Exclude Branded Licensed Products and Some Private Label Goods from Disclosure Requirements but Questions Remain

Wed, 24 Oct 2012 13:44:39 GMT

On August 22, 2012, the Securities and Exchange Commission (“SEC”) issued its final rule implementing a provision of the Dodd-Frank more

Social Media Sites: New Battlegrounds for Right of Publicity Disputes

Wed, 15 Aug 2012 15:36:33 GMT

Social media websites are quickly emerging as the new battleground for right of publicity disputes, with the ultimate question being an old one more

Fourth Circuit Widens Split Over CFAA and Employees Violating Computer Use Restrictions

Mon, 29 Oct 2012 19:42:31 GMT

On July 26, 2012, the Fourth Circuit Court of Appeals weighed in on the debate about the meaning of the phrases “exceeds more

Rules Regarding the Confidentiality of Workplace Investigations Can Violate the National Labor Relations Act

Wed, 03 Oct 2012 19:10:30 GMT

On July 30, 2012, the National Labor Relations Board (“NLRB”) issued a decision in Banner Estrella Medical Center, reiterating that more

Know Exactly What You Mean Before Claiming It’s “Green”

Fri, 08 Feb 2013 16:11:38 GMT

The Federal Trade Commission has issued its long awaited, final version of its “Green Guides,” formally known as the FTC’s Guides for the more

NLRB Finds Employer Lawfully Discharged Employee for Facebook Posting

Fri, 26 Oct 2012 19:50:56 GMT

As we have noted in past Legal Alerts, the National Labor Relations Board (“NLRB”) has increasingly been addressing the application of more

PCBs in Caulking Materials

Tue, 30 Oct 2012 16:37:41 GMT

The United States Environmental Protection Agency (U.S. EPA) recently settled an enforcement action with The University of Massachusetts more

Property Insurance and Severe Weather

Thu, 08 Nov 2012 17:19:57 GMT

Hurricane Sandy, Arctic winds, and an early winter storm are bearing down on the East Coast and are expected to pummel the more

Will the SEC's Recently Adopted Conflict Minerals Rule Impact You?

Mon, 29 Oct 2012 18:10:16 GMT

On August 22, 2012, pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15 U.S.C. § 78m(p), the more

New PTA Calculations to Extend PTA Length for Many New Applications

Thu, 29 Nov 2012 21:27:32 GMT

A November 1, 2012 case may entitle recent patents to a longer term. The Eastern District of Virginia ruled in Exelixis v. Kappos that the U.S. Patent and Trademark Office has not been properly calculating term extensions more

New State Laws Decriminalizing Marijuana Use Likely to Have Minimal Effect on Workplace Drug Policies

Mon, 19 Nov 2012 14:57:26 GMT

On November 6, 2012, voters in Colorado and Washington approved state initiatives making it lawful for persons age 21 or older to possess more

NLRB Advice Memoranda Offer Guidance for Avoiding Unlawful Employment-at-Will Statements

Tue, 06 Nov 2012 20:32:09 GMT

Nearly all employee handbooks for nonunionized employees contain statements declaring that employees are employed “at will” – that is, their more

Updated - Property Insurance and Severe Weather

Thu, 08 Nov 2012 20:44:35 GMT

As the Northeast continues to recover from Hurricane Sandy, many businesses are assessing insurance coverage for claims related more

Companies Should Take Steps Now to Ensure Compliance with New Children's Products Regulations

Mon, 17 Dec 2012 15:27:41 GMT

Potentially burdensome regulations governing children’s products take effect in less than two months. The new regulations, issued by the United more

Federal Reserve Board Proposes Rules Regarding Enhanced Prudential Standards and Early Remediation Requirements for Foreign Banking Organizations and Foreign Nonbank Financial Companies

Fri, 11 Jan 2013 15:50:54 GMT

The Federal Reserve Board (“FRB”) published in the Federal Register on December 28, 2012 proposed rules that would amend more

NLRB Requires Employers to Bargain with Unions Prior to Imposing Discipline

Wed, 26 Dec 2012 19:09:00 GMT

When an employer has union-represented employees, the National Labor Relations Act (“NLRA”) generally prohibits the employer from implementing more

2013 Benefit Limits

Mon, 14 Jan 2013 18:34:14 GMT

The IRS and the Social Security Administration have announced the cost-of-living adjustments for various benefit plan limits for 2013. Limits more

D.C. Circuit Invalidates President Obama's Recess Appointments to the NLRB

Mon, 28 Jan 2013 17:30:09 GMT

In a January 25, 2013, decision in Noel Canning v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit more

FTC Finalizes Amendments to Children's Online Privacy Protection Rule

Wed, 09 Jan 2013 19:20:48 GMT

The Federal Trade Commission announced its final amendments to the Children’s Online Privacy Protection Rule (“COPPA Rule” or the “Rule”) more

FTC Updates Merger Filing Thresholds

Thu, 10 Jan 2013 22:21:49 GMT

On January 10, 2013, the Federal Trade Commission (FTC) announced its updated dollar thresholds to merger filings required by the more

How Can a Beach Audit Ensure That Your Town Has a Beach?

Tue, 15 Jan 2013 18:26:37 GMT

Following Hurricane Sandy, coastal communities were reminded of the fragile nature of the coast. Sea level is rising – there is no question

Important Changes to the Federal Economic Espionage Act That Protect Trade Secrets

Mon, 07 Jan 2013 21:15:43 GMT

I. Introduction Two recent pieces of legislation—S. 3642 and H.R. more

Inter-Partes Review “Dead Zone” Eliminated – All Issued Patents Are Now Eligible

Thu, 14 Mar 2013 19:33:33 GMT

35 U.S.C. § 311(c), as implemented by the America Invents Act (“AIA”), permits a petition for inter partes review only after the more

New Patent Regime Begins March 16, 2013: Are You Ready?

Tue, 15 Jan 2013 13:50:27 GMT

As widely reported, U.S. patent laws will change on March 16, 2013, when the U.S. will become a “first-inventor-to-file” jurisdiction – more

Department of Labor Amends Family and Medical Leave Act Regulations

Thu, 07 Feb 2013 19:40:17 GMT

On February 6, 2013, the U.S. Department of Labor (“DOL”) issued a revised set of regulations interpreting the Family and Medical Leave more

FTC Releases Recommendations for Mobile App Privacy Practices

Fri, 08 Feb 2013 21:45:20 GMT

On Friday, February 1, 2013, the Federal Trade Commission (“FTC”) released a staff report, Mobile Privacy Disclosures: Building Trust more

FTC v. Phoebe Putney Health System, Inc., et al.

Wed, 20 Feb 2013 21:31:41 GMT

On February 19, 2013, the United States Supreme Court in Federal Trade Commission v. Phoebe Putney Health System, Inc., et al., more

Implications of Recent Tax Law Developments on Private Equity Mergers and Acquisitions

Fri, 22 Feb 2013 16:41:22 GMT

As it has always been, Federal income tax issues drive many of the structures of private equity funds and portfolio company investments. more

SEC Initiates Enforcement Actions Against Auditors and Executives of Failed Banks

Wed, 13 Feb 2013 21:21:35 GMT

Last month, the Securities and Exchange Commission’s (“SEC”) Enforcement Division filed two unrelated civil complaints – one against two more

Department of Homeland Security Revises Form I-9

Tue, 19 Mar 2013 19:38:02 GMT

On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”), a subdivision of the Department of Homeland Security, introduced a more

Dot-What? – The New gTLDs are Coming and it's Time to Understand the Trademark Clearinghouse

Wed, 20 Mar 2013 20:14:06 GMT

As part of the new Generic Top Level Domains (“gTLDs”) rollout, ICANN has announced the creation of a Trademark Clearinghouse, scheduled more

IRS Temporarily Expands Voluntary Worker Classification Settlement Program

Fri, 01 Mar 2013 16:44:32 GMT

The Internal Revenue Service (the “IRS”) has intensely scrutinized the classification of workers as independent contractors as more

Nasdaq Proposes New Internal Audit Function Requirement

Mon, 18 Mar 2013 14:44:17 GMT

Avoid Making Unnecessary Property Protection Advances On New York City Properties

Wed, 17 Apr 2013 18:15:23 GMT

One way lenders can more

Federal Court Upholds Discrimination Claim Arising from Terminations Based on Employees’ Criminal Records

Mon, 29 Apr 2013 18:58:00 GMT

Employers’ use of criminal records in making employment decisions about applicants and employees is increasingly coming under scrutiny. A recent more

Final HIPAA Omnibus Rules Require Attention

Fri, 19 Apr 2013 15:35:43 GMT

The time has come to take out and refresh those business associate agreements, HIPAA privacy and security compliance manuals, and HIPAA privacy more

Four Million Dollar Penalty for Tyson Foods Ammonia Handling Marks Increased Risk of RMP Enforcement Liability

Thu, 18 Apr 2013 17:46:42 GMT

On April 5, 2013, Tyson Foods, Inc. agreed to a pay the United States a $4 million civil penalty to resolve alleged Clean Air Act Risk Management more

Guilty Verdict in Critical Computer Fraud and Abuse Act Trial

Mon, 29 Apr 2013 21:12:13 GMT

After a two-week trial before United States District Court Judge Edward Chen of the Northern District of California, David Nosal—the more

Washington Supreme Court Rules That Insurers May Not Recoup Defense Costs Paid While Defending Under A Reservation of Rights

Mon, 08 Apr 2013 20:35:16 GMT

On March 7, 2013, the Supreme Court of Washington joined a growing number of states holding that an insurance company cannot recoup defense costs more

Tatum v. R.J. Reynolds Tobacco Co., et al.: Real Implications for ERISA’s “Hypothetical Prudent Fiduciary” Standard

Tue, 09 Apr 2013 14:18:42 GMT

Overview

On February 25, 2013, the U.S. District Court for the Middle District of North Carolina issued an
more

Disclose, Disclose, Disclose: California Attorney General Loses Privacy Case Against Airline But is By No Means Grounded

Mon, 13 May 2013 18:08:01 GMT

A California state court dismissed the California Attorney General’s case against Delta Air Lines for violation of the California Online more

D.C. Circuit Court Invalidates NLRB's Poster Rule

Wed, 08 May 2013 15:55:30 GMT

Two years ago, the National Labor Relations Board (“NLRB”) published a rule that would require all employers covered by the National Labor more

EPA Honing In on Vapor Intrusion Requirements for Contaminated Sites

Mon, 20 May 2013 15:15:03 GMT

Vapor intrusion (VI) is the term used for gas vapors migrating from subsurface sources into structures where people more

Federal Reserve Board Implements Rule on Retail Foreign Exchange Transactions

Mon, 20 May 2013 20:36:35 GMT

The Federal Reserve Board (“FRB”) has adopted Regulation NN covering retail foreign exchange transactions (“retail forex transactions”) more

Inevitable Disclosure of Trade Secrets is Not an Independent Cause of Action in Georgia

Mon, 20 May 2013 15:52:55 GMT

In Holton v. Physician Oncology Servs., LP, No. S13A0012, 2013 WL 1859294 (Ga. May 6, 2013), the Georgia Supreme Court held that Georgia more

New York Court of Appeals Narrows Reach of Judgment Creditors against Non-Party Banks

Tue, 07 May 2013 20:53:15 GMT

In a decision significant for more

Occupational Safety and Health Administration Opens the Door for Unions to Enter Non-Unionized Workplaces

Mon, 20 May 2013 15:17:35 GMT

Under the Occupational Safety and Health Act of 1970, the Occupational Safety and Health Administration (“OSHA”) is authorized to conduct more

Stock Sale with an Asset Basis Step Up: New Alternative to the Section 338 Election

Mon, 20 May 2013 16:19:28 GMT

The Internal Revenue Service recently issued final regulations under Internal Revenue Code section 336(e) which provide for an election more

Intellectual Property Innovations Class: 2011 Patent Case Law (July - December) and Its Impact on In-House Counsel

Wed, 10 Apr 2013 20:37:42 GMT

Kilpatrick Townsend partner and co-chair of the firm's patent litigation team Steve Gardner will discuss important patent cases from the second more

Health and Welfare Planning: ACA Implementation Continues

Mon, 23 Jul 2012 15:49:03 GMT

As the dust still settles from the U.S. Supreme Court's decision, one thing is certain, employer implementation of the Affordable Care more

Intellectual Property Innovations Class: 2012 Patent Case Law (January - June) and Its Impact on In-House Counsel

Wed, 10 Apr 2013 20:49:35 GMT

Kilpatrick Townsend partner and co-chair of the firm's patent litigation team Steve Gardner more

Protecting Trade Secrets

Mon, 17 Dec 2012 18:36:34 GMT

We invite you to listen to a brief complimentary podcast on Trade Secrets Protection. This brief podcast will give you a glimpse more

IP Innovations - Joint Infringement and Inducement of Infringement After Akamai and McKesson

Tue, 20 Nov 2012 16:24:47 GMT

The Federal Circuit has considered, en banc, the proper standard for joint infringement and inducement of infringement in the Akamai v. Limelight

2013 Health & Welfare Seminar | What Every Employer Needs to Know About the Employer Penalty Taxes Under Health Care Reform

Tue, 19 Feb 2013 15:07:49 GMT

The year of 2014 will usher in the most significant changes that employers have seen since the Affordable Care Act was passed more

Intellectual Property Innovations Class: 2012 Patent Case Law (July-December) and Its Impact on In-House Counsel

Tue, 16 Apr 2013 16:10:40 GMT

Kilpatrick Townsend partner and co-chair of the firm's patent litigation team Steve Gardner will discuss important patent cases from the second half more