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  • Article

    Eleventh Circuit Issues Important Decision on Standing to Assert Lanham Act False Advertising Claims

    On June 22, 2007, the Eleventh Circuit issued a noteworthy decision concerning standing to sue for false advertising under the Lanham Act. In Phoenix of Broward, Inc. v. McDonald’s Corp., __ F.3d __, 2007 WL 1791886 (11th Cir. 2007), the Eleventh Circuit affirmed the dismissal, for lack of standing, of a false advertising suit against McDonald’s by a Burger King franchisee that was a direct competitor of McDonald’s.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Madonna And Warner Music Beat Copyright Suit Over Song Sample

    We represented Madonna, Warner Bros. Records and WB Music in a lengthy copyright lawsuit, culminating in the Ninth Circuit's affirmance of the dismissal of plaintiff's sampling copyright infringement claim.
    United StatesIntellectual Property
Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    UPDATE: U.S. Supreme Court Will Decide What Preclusive Effect, If Any, Should Be Given To Likelihood Of Confusion Findings By The Trademark Trial And Appeal Board

    On July 1, 2014, the Supreme Court granted the petition. The parties will now file merits briefs, with Petitioner's brief due August 15, 2014.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated

    The case is Torres v. Greystar Mgmt. Servs., L.P., No. 5:19-cv-00510.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Court Dismisses Computer Fraud And Abuse Act Claim That Was Filed Against Our Clients

    Lacking another federal claim, SunPower's complaint is DISMISSED for lack of subject matter jurisdiction under 29 U.S.C. § 1331."
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Former Employee Was Not Injured By Alleged Violation Of FCRA

    The Court of Appeal affirmed on the ground that Limon had not suffered a sufficient concrete or particularized injury to have standing to sue Circle K.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit Affirms $54.6 Million Verdict In Favor Of Wal-Mart Truckers

    In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No Class Arbitration Available In PBM Case

    The Eighth Circuit recently concluded that there was no contractual basis to conclude that a pharmacy benefit manager agreed to class arbitration with four pharmacies because the...
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Offer To Settle Expired When The Court Granted Summary Judgment Motion

    In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the hearing on defendant's motion for summary judgment.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Cable Network May Proceed With Claims Against Distributor On Theories Beyond Written Contract

    2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California Supreme Court Denies Review Of Ruling Allowing Restaurant Owner’s False Advertising Claims To Proceed Against Yelp

    On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Once Again, Hurricane Blows Wind Into Force Majeure Clauses

    As the eastern part of the United States picks up the pieces from the devastating Hurricane Sandy, many companies are experiencing a classic "force majeure" event.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Unanticipated Mobile Data Leaks Remain An Ongoing Issue

    There has been a lot of attention in the media lately with respect to the Facebook/Cambridge Analytica issue and its fall-out (including today's coverage of the announcement that Facebook ...
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Business Judgment Rule Dooms Home Depot Data Breach Shareholder Derivative Suit

    Large-scale corporate data breaches have unfortunately become increasingly common events, posing a variety of challenges to the companies that suffer them.
    United StatesPrivacy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Is The Flap Over Microsoft Emails In Ireland Overblown?

    Corporate Counsel published an article by Nolan Goldberg, concerning the recent decision compelling Microsoft to produce e-mails located on foreign servers.
    United StatesPrivacy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Tracking Technologies: Privacy Regulation, Enforcement And Risk

    Over the past three decades, an expanding set of technologies – cookies, pixels, software development kits and various other types of software...
    United StatesPrivacy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Bitcoins: A New Form of Currency?

    Yesterday, the Senate Committee On Homeland Security and Governmental Affairs held the first of two days of hearings on Bitcoin and digital currencies — "Beyond Silk Road: Potential Risks, Threats, and Promises of Virtual Currencies."
    United StatesStrategy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    IRS Issues Final and Temporary Debt-Equity Regulations Under Section 385

    On October 13, 2016, the Treasury Department and the Internal Revenue Service (IRS) issued final and temporary regulations under section 385 of the Internal Revenue Code.
    United StatesTax
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    IRS Releases Guidance On Treatment Of Incentive Stock Options In Reorganizations

    On May 8, 2015, the Office of Chief Counsel of the Internal Revenue Service released Chief Counsel Advice Memorandum No. 201519031.
    United StatesTax
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New Proposed Regulations On Federal Income Tax Exemption For Hospitals

    As we have previously reported, the 2010 Health Care Reform Act imposed new, specific requirements for hospitals to maintain their Section 501(c)(3) tax-exempt status.
    United StatesTax
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 321–340 of 9757 results

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