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Strafford Publications, Inc. Webinar | 2022 ERISA Fiduciary Duty Litigation

April 13, 2022 by Alexandria Gilner

Mark E. Bokert, Davis+Gilbert partner and Benefits + Compensation co-chair, will be on a panel during a Strafford Publications, Inc. interactive webinar entitled "2022 ERISA Fiduciary Duty Litigation: SCOTUS Ruling in Hughes v. Northwestern University, Strategies for Counsel" on April 13 at Continue Reading

Event - April 13, 2022

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

June 3, 2021 by Patrick Quinn

The Bottom Line In light of the Supreme Court’s decision in Google v. Oracle, it is clear that not all copying of copyrighted code will subject a developer to liability.The safest course for developers is to ensure that they have a license or are authorized to use API packages in accordance with Continue Reading

Alert - June 3, 2021

FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices

May 11, 2021 by Patrick Quinn

The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading

Alert, The Fine Print: Stay in Compliance without Losing Your Edge - May 11, 2021

Supreme Court Narrows Definition of Autodialer in Facebook Ruling

April 2, 2021 by Patrick Quinn

The Bottom Line The Court’s narrowing of the autodialer definition will provide flexibility to marketers using systems that do not have the capacity for random or sequential number generation, like those that dial from stored lists. It is likely to significantly reduce the number of class actions Continue Reading

Alert, Uptick in Consumer Class Actions as Online Purchases Grow - April 2, 2021

After Electoral Dysfunction, What Subprime Auto Can Expect From a Biden Administration

November 24, 2020 by Patrick Quinn

Continue Reading

Blog Post, New Risks, Regulations and Enforcement in Lending Markets - November 24, 2020

Patent Troll Activity Likely to Continue to Rise

October 6, 2020 by Patrick Quinn

7th Edition: Trends in Marketing Communications Law For nearly half a decade, patent troll suits have been on the decline. Indeed, as we reported last year, the Supreme Court has gone out of its way to curb the worst patent troll abuses in order to protect innovators and call the viability of Continue Reading

Trends in Marketing Communications Law - October 6, 2020

“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA

September 30, 2020 by Patrick Quinn

The Bottom Line The Supreme Court’s upcoming decision will likely resolve a longstanding circuit split on what constitutes an automatic dialer under the TCPA.If the Court adopts Facebook’s narrower view, its decision could significantly reduce the number of TCPA class action suits filed going Continue Reading

Alert, Uptick in Consumer Class Actions as Online Purchases Grow - September 30, 2020

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

July 7, 2020 by Patrick Quinn

The Bottom Line As a result of the Supreme Court’s unanimous decision, a finding of willfulness is not a precondition that must be satisfied for a plaintiff to recover an infringer’s profits as a remedy for trademark infringement, although the infringer’s mental state remains a highly important Continue Reading

Alert - July 7, 2020

Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination

June 17, 2020 by Patrick Quinn

The Bottom Line Firing an employee for being gay, bisexual, transgender or transitioning is a violation of federal law. Employers should be mindful that such discrimination may seep into the workplace in much more subtle ways than an employee’s termination. Employees should be encouraged to shed Continue Reading

Alert - June 17, 2020

No Longer “FUCT” — Scandalous Mark Provision Struck Down by Supreme Court

July 10, 2019 by Megan O'Malley

6th Edition: Trends in Marketing Communications Law What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham Act, which forbids Continue Reading

Trends in Marketing Communications Law - July 10, 2019

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