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Business Litigation
- Controversial Guidance from EEOC Complicates Use of Criminal Background Reports
- California’s “Shine the Light” Law: Protecting Your Business from Class Action Plaintiff’s Lawyers’ Newly Found Weapon
- Recent Ohio Decisions Regarding the Enforcement of Arbitration Agreements
- The Supreme Court Arguments on Obamacare Have a Local Angle
- Release and Covenant Not to Sue Bars Subsequent Class Action: Ninth Circuit Affirms Dismissal of Putative Class Action
- The Supreme Court of Ohio Task Force Releases Final Report on Commercial Dockets with 27 Recommendations; Recommends Permanent Commercial Dockets
- Faruki Earns Ohio Super Lawyers 2012 Cover Recognition
- FTC Targets Work-at-Home Programs and Announces Approval of Update and Revisions to Business Opportunity Rule
- Challenging Adequacy of Class Counsel: Misconduct Creating Serious Doubt that Counsel will Represent the Class Loyally Requires Denial of Certification
- Early Class Certification Determinations and Use of Motions to Strike Supported by Sixth Circuit: Court Affirms Striking of Class Allegations and Rejects Certification of Nationwide Consumer Class Action
- Supreme Court Refines Rules of Personal Jurisdiction in Products Liability Cases
- Although Not an “Adjudication,” Refund Programs Can Still Defeat Class Certification in the Seventh Circuit
- Attorney Marketing and the New “Word of Mouth”
- Did Sixth Circuit Resurrect “Special Appearance” Procedure in Jurisdiction Case?
- Sixth Circuit Affirms Substantial Reduction in Class Action Attorneys’ Fees Award
- Thorough Preparation for Injunctive Relief Requires Planning for Security Bond
Intellectual Property
- 3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement
- In Trademark Disputes, David has an Updated Slingshot to Combat Goliath: Social Media
- Can Congress Grant Copyright Protection to Works Already in the Public Domain? – Supreme Court to Decide Golan v. Holder
- Congress Passes America Invents Act: U.S. Patent Law Switches to a “First-to-File” System
- Litigating Invalidity Defenses after Microsoft v. i4I—
Data-Security
- Data Breach: Public Relations and Communications Issues to Consider Subsequent to a Major Data Breach
- BYOD: Security Issues to Consider When Inviting Employees to “Bring Your Own Device”
- FTC Privacy Report – A Tool for Discussion or a Club to Hammer the Unsuspecting
- Recent Decisions and Trends Regarding the Bulk Obtainment, Disclosure, and Reselling of Personal Information Under the Drivers’ Privacy Protection Act
- Circuits Split over Standing Requirements for Data Breach Cause of Action
- Is a ZIP code personal identification information? A Massachusetts court thinks so.
- FTC Reminds Upromise to do what you Promise in action involving collection and transmission of data.
- Data Breach Wake-Up Call: Ron Raether Discusses Hannaford Ruling and What it Means to the Breached Entities and Their Customers
- 2012 The Year of the Laptop
- Driver’s Privacy Protection Act – Best Buy lawsuit creates interest in a mostly forgotten privacy statute
- Facebook and LinkedIn Decisions Help Shape Social Media Policies
- SEC tells Publicly Traded Companies When to Disclose Cyber Attacks and Security Risks
- First Circuit Finds Mitigation Costs Present Cognizable Harm for Data Breach Claims
- Automotive Data Recorders –Is Privacy Dead?
- Class action tests commercial use of spyware for target marketing
- Former employees remain big risk; importance of exit controls
- Another State Amends its Breach Notification Law
- States Move Forward on Breach Notice While Waiting on Congress
- FTC Settles Charges Against Company That Allegedly Failed to Protect Sensitive Employee Data
Advertising and Media
- Free Offer Advertising: “Free” Means “Free”
- You interviewed well, but what are you really like? – Employers ask for access to applicant Facebook accounts
- “Negative Option Marketing” Offers Need to be Crafted Carefully to Comply With Existing Federal and State Laws
- FTC Nears Settlement with Facebook Regarding Privacy Rights of Social Media Users: Unabating Tension Over the Use of Personal Data for Strategic Online Behavior Advertising and Marketing
- Reebok Settlement May Signal Changes in FTC Enforcement Strategies: FTC Seeks Consumer Restitution, But Moves Away From Two Clinical Study Substantiation
- FTC Policing Mobile App Marketing Claims: “When it comes to curing acne, there’s no app for that.” FTC Chairman, Jon Leibowitz.
- False Advertising: “Havana Club” Is Made in Puerto Rico? – Literally False Claims Can Be Cured By Carefully Crafting Advertising Messages “As a Whole”
- Use Employment Contracts to Strengthen Social Networking Policies
- False Advertising: The Federal Trade Commission Invites Comments and Input for Updated Dot Com Disclosures.
- False Advertising: Jackson Hewitt May Not Tack on New Jersey Consumer Fraud Claim to Lanham Act False Advertising Complaint

