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Business Litigation
- Charles Faruki Honored as an All-Star for Outstanding Client Service
- SCOTUS Issues First-Ever Decision Interpreting CAFA
- Simplifying Subpoena Practice – Rule 45 Gets a Makeover
- The Power Prep
- Navigating ‘The Most Magical Place on Earth’ Gets a Little Easier for the Visually Impaired
- A Day Late and an Inch Short
- Franchisee Compelled To Arbitrate Class Action After Failing To Read Revised Agreements Thoroughly
- Bad Review: Negative online Reviews on Angie’s List and Yelp Lead to Defamation Suit
- Cheers! Skinnygirl® Successfully Defends a Motion for Class Certification
- SCOTUS Hesitant to Strip the Title “Master of the Complaint” from Class Action Plaintiffs
- Ohio’s Twelfth District Court of Appeals Upholds the Rigorous Analysis Standard Applied in Class Action Lawsuits and Reverses and Vacates Trial Court Decision
- Will the Supreme Court Legalize Class Action Forum Shopping?
- The Ohio Consumer Sales Practices Act: What Types of Damages Can Be Expected?
- Common Sense Isn’t Always Common
- The Ohio Consumer Sales Practices Act: What is it and Does it Apply to Me?
- New Social Networking Statutes Address Some Problems and Raise Others
- When Confronted with a Hearsay Analysis, Do Not Turn to the Hearsay Exceptions First
- Apple’s Other iPhone Litigation Addresses Consumers ’ Right to Seek Damages for the Collection of Information about How They Use Their Smartphones
- Court rejects preliminary approval of Facebook settlement – is there way to navigate mega-sized class actions?
- Incentive Payments and Adequacy Challenges — Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification
- Supreme Court Update: When the Smart Money Is Split Between the Favorites, Bet on the Long Shot
- How Rigorous is Rigorous? The Supreme Court of Ohio Accepts Review of a Class Certification Decision That May Finally Clarify the Requisite “Rigorous Analysis” of Rule 23 in Class Action Lawsuits
- The Ohio Supreme Court Breaks with Other States and Limits the Reach of Successor Companies Seeking To Enforce Their Predecessors’ Non-compete Agreements
- The Ohio Supreme Court Limits Access to Personal Information
- The Ohio Supreme Court Limits Access to Confidential and Privileged Information Maintained by a School District
- 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
- Can Keurig Copycats Compete for Christmas Cash?
- The Federal Circuit’s Recent Changes to the Law on Induced Patent Infringement Borrow, Once Again, from Criminal Law
- Sciele Pharma: Making Old Art More Valuable in Patent Cases
- Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker’s Mark’s Wax Seal Trademark Protected and Not Functional
- 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
- What is a Reasonable Expectation of Privacy Anymore?
- Privacy Today: The More Things Change, the More they Stay the Same
- Cyber Security: Assessing Information Technology Vulnerabilities and Combating Cyber Crime
- The FTC has an App for that…are you ready?
- Breach Prevention: Beyond Technology. How Security Pros Can Address the Human Factor
- Data Breaches Retained the Top Spot in 2012 as the Most Prevalent Threat to Data Security, but Companies May Start Fighting Back in 2013
- Split of Authorities Continues to Develop Regarding Protection of Electronically Stored Information
- COMPANIES ADVISED TO CAREFULLY CRAFT THEIR RESPONSES TO SECURITY INCIDENTS, EVEN WHERE NO DATA BREACH HAS OCCURRED
- Circuit Court Details When Causation is Pled for Data Breach Related Claims
- The FTC’s Recent Settlement with Myspace Shows that the FTC Will Continue to Hold Online Social Networking Companies to the Promises in their Privacy Policies
- 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
- Employee or Employer – So who owns that LinkedIn account anyway?
- The Ohio State Bar Association Law and Media Conference
- LinkedIn: Effectively Using LinkedIn as an Attorney
- Federal Court Rejects the “Prior Substantiation Doctrine” in Consumer Class Action, Requiring Affirmative Proof of False Advertising
- 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
About
Posted by Brian Wright
August 2, 2011
August 2, 2011
