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Holland & Knight LLP

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

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Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Patton Sullivan Brodehl LLP

Alter Ego Liability for LLC Managers: the Facts Matter

Alter ego liability is a frequent topic covered in The LLC Jungle — see here for a list of all prior “alter ego” related posts. The alter ego doctrine allows a court to disregard a corporate entity (including LLCs) and...more

Pierce Atwood LLP

Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case

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On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision...more

Proskauer - Advertising Law

Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling

Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that...more

Manatt, Phelps & Phillips, LLP

Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

In an appeal consolidating two Telephone Consumer Protection Act (TCPA) cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Ervin Cohen & Jessup LLP

Can Product Reviews Be Subject To Lanham Act Liability?

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 3 - Summer 2020

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

BakerHostetler

AD-ttorneys@law – June 2020 #2

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Reese Witherspoon and Draper James in COVID-19 Giveaway Suit - Safety concerns heightened by virus-inspired Internet boom - Prêt à Despair -Draper James’ dress “giveaway” was a public relations disaster....more

International Cannabis Bar Association...

[Webinar] INCBA @ Berkeley Law: The Path to Appellations (Streaming Only Event) - April 2nd, 4:00 pm - 10:00 pm PT

We are excited to announce a groundbreaking program scheduled for April 2, 2020: The Path to Cannabis Appellations. The Cannabis Industry Club at the Hass School of Business and the Cannabis Law Society at the Berkeley...more

Robins Kaplan LLP

Financial Daily Dose 9.10.2019 | Top Story: Activist Investor Singer Discloses Stake in AT&T and Pushes for Change

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Paul Singer’s Elliott Management hedge fund revealed a $3.2 billion stake in AT&T and, along with it, a healthy-skepticism of the company’s 2018 purchase of Time Warner and general calls to divest as part of a 24-page letter...more

Smart & Biggar

Rx IP Update - February 2019

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Orders of prohibition relating to polymorphic form patent for PRISTIQ upheld on appeal - As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their...more

K&L Gates LLP

An Introduction to Talking Sports Law - A HUB Talks Podcast

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John Wilson and Trevor Gates discuss the goals for the Talking Sports Law podcast, provide an introduction to future episodes, and each discusses a timely topic from the world of sports law....more

Dorsey & Whitney LLP

Your Definitive Guide to the ACA Int’l Ruling: The Top 10 Things Every TCPAlander Needs to Know Now

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It’s here! It’s here! It’s finally here! At last, I no longer need to field the question of “when, oh when, is the D.C. Circuit Court of Appeals going to rule on the ACA Int’l appeal of the FCC’s TCPA Omnibus ruling from...more

Carlton Fields

Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement

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In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule...more

Holland & Knight LLP

Healthcare Law Update: December 2016

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Prompt Payment Discounts Not an Anti-Kickback Statute Violation - In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

McDermott Will & Emery

No Attorneys’ Fee Award Based On Dismissed Counterclaim - Burford v. Accounting Practice Sales, Inc.

In an appeal between two parties to a contract for marketing and selling defendant’s accounting practices in various states, the U.S. Court of Appeals for the Seventh Circuit addressed whether the defendant breached the...more

McGuireWoods LLP

Actavis Loses Nameda® Appeal Over “Hot Documents”

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The U.S. Court of Appeals for the Second Circuit’s opinion (issued May 22, 2015 with a public, redacted version available May 28, 2015), affirming the district court’s grant of a preliminary injunction in State of New York v....more

McDermott Will & Emery

Foreign Marketing Materials Relevant to Domestic Infringement

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Amdocs (Israel) Ltd. v. Openet Telecom, Inc. - In an appeal of a lower court’s summary judgment of no infringement of four patents, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s judgment...more

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