New “Twibel” Defamation Opinion Suggests Online Speech May Be Special After All
Many lawyers smirked and scoffed a few months ago when the popular press began touting the Courtney Love “Twibel” trial as a “landmark” case that would set a “major precedent.” In fact, as discussed...
View ArticleCatholic Priest Permitted To Conceal Non-Privileged Nature Of Defamatory...
In a recent unanimous decision in Harrington v. Costello, the Massachusetts Supreme Judicial Court (SJC) held that the statute of limitations had run out on a Catholic priest’s defamation claim against...
View ArticleCalifornia Federal Court Finds that the First Amendment Does Not Preclude...
On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern...
View ArticleOCR Announces the Results from it's Pilot Audit and it's Plans For Next Year
The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were...
View ArticleSEC Files Another Settled Insider Trading Case
Insider trading continues to be a key priority in the new get tough enforcement era. Last week closed with the filing of an insider trading action centered on the BP oil spill in the Gulf of Mexico....
View ArticleCalifornia Case Allowing Denial Of FOIA Request For Public Communications On...
While California and Illinois do not share the same weather, they seem to be similar in at least one aspect: Their court decisions support denial of Freedom of Information Act (FOIA) requests for most...
View ArticleMassachusetts Governor Deval Patrick Proposes Elimination of Most Non-Compete...
What you need to know: Massachusetts Governor Deval Patrick recently proposed legislative reform that would abolish non-compete agreements made in the technology and life sciences sectors, as well as...
View ArticleTarantino’s “Hateful” Revenge: Director Pursues Copyright Claim Over...
Quentin Tarantino probably wasn’t offended when the Hollywood gossip website Defamer, owned by Gawker Media LLC, compared him to a petulant child and accused him of throwing a “temper tantrum.” After...
View ArticleContractors affected by the US cybersecurity requirements: take part in the...
The US General Services Administration is seeking comments from the private sector on draft Alliant II Government Wide Acquisition Contract (GWAC) cybersecurity requirements (available here). The...
View ArticleReady to Print Your Next Building?
This past year I read an article on Forbes about the nascent 3D printing movement and a young man named Cody Wilson who literally printed himself a working gun....By: Wendel, Rosen, Black & Dean LLP
View ArticleSEC Explains How To Use Twitter And Absolves Issuers Of Retweets
Certain rules under the securities laws require certain communications be accompanied by legends. The length of the legend meant that Twitter could not be used because the 140 character limit would be...
View ArticleBipartisan Group Introduces Safe and Accurate Food Labeling Act in House
In an attempt to stop the proliferation of a patchwork of state-by-state food labeling laws, and to “reaffirm” the Food and Drug Administration (FDA) as the sole authority on food safety and labeling,...
View ArticleAesthetic Functionality in the TTAB since Louboutin
The doctrine of aesthetic functionality was revived in the recent Louboutin case to protect the competitive need to use color to communicate a particular message. In that case, Christian Louboutin S.A....
View ArticleIcann's Trademark Clearinghouse: Keeping Cyber Squatters at Bay?
Expansion of the domain name system - ICANN (the organisation that coordinates internet domain names) is in the process of expanding the domain name system by introducing hundreds of new global Top...
View ArticleThe Cybersecurity Race: Executive Branch Takes The Lead While Congress...
The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising,...
View ArticleYourBrand.sucks: Trademark Protection and the New gTLD Designations
Little more than a predatory shakedown scheme” to “enrich the domain name industry rather than benefit the broader community of Internet users.” That was how West Virginia Senator John Rockefeller...
View ArticleOmnibus Health Care Bill (aka House Health Care Train)
The House Health & Human Services Committee passed House Bill 7113 by Representative Jason Brodeur (R-Sanford) after adopting a strike all amendment that includes provisions on health care topics...
View ArticleEU, U.S., Ukraine and Russia Sign Pact to Deescalate Crisis, but Sanctions...
On April 17, 2014, U.S., EU, Russian and Ukrainian representatives endorsed an agreement outlining initial steps to deescalate tensions in Ukraine. For the moment, the agreement may temporarily stall...
View ArticleFirst Amendment And Off-Label Promotion – Prosecute What I Do, Not What I Say
On December 3, 2012, the United States Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia (“Caronia”), who had been tried and convicted of participating in an unlawful...
View ArticleNorthern District Judge Tosses “Evaporated Cane Juice” Food Misbranding...
On March 31, 2014 Judge Edward J. Davila in the Northern District of California partially dismissed a lawsuit against Whole Foods Market alleging misleading labeling of its in-house “Everyday Value”...
View Article