Plaintiff’s Attorney’s Fees in Shareholder Suits Subject to Heightened...
It’s virtually inevitable: Within hours (or less) of a press release announcing a merger or acquisition involving a public company, a group of shareholders will file a class action lawsuit against the...
View ArticleCyberlaw: Of Athletes And Video Games
Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe. The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against...
View ArticleSome Things Better Left Unshared: Social Media and Medical Identity Theft
The Washington Post recently published an article reminding individuals not to tweet or otherwise share information concerning their medical conditions on social media, warning that disclosing such...
View ArticleCopyright Registration Does Not Trigger the Statute of Limitation for a...
Addressing for the first time the issues of cancelation of copyright registration by a court and accrual of a joint authorship claim under the Copyright Act, the U.S. Court of Appeals for the Third...
View ArticleBig Data: Show Me the Money
As we covered in prior blog posts, on Tuesday, November 5, 2013, Foley & Lardner LLP hosted the ninth annual FoleyTech Summit in Boston. One of the breakout sessions at FoleyTech featured a panel...
View ArticleMayo, Myriad, and Multi-factor balancing tests
Updated subject matter eligibility guidance from the USPTO - On the same day that the Supreme Court’s opinion was handed down in Assoc. for Mol. Pathology v. Myriad Genetics, 133 S. Ct. 2107 (2013),...
View ArticleNet Neutrality Revisited in the Wake of the Court of Appeals' Decision in...
On January 14, 2014, the latest chapter of the net neutrality controversy closed when the U.S. Court of Appeals for the District of Columbia decided that the Federal Communications Commission (FCC) was...
View ArticleElectronic Cigarette Advertising Practices Draw Legislative Attention – Will...
Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate...
View ArticleAmicus Briefs Urging Reversal Filed in Ariosa Inc v. Sequenom, Inc.
The San Diego Intellectual Property Law Association (SDIPLA) is one of two groups that have filed an amicus curiae brief urging reversal of the District Court's summary judgment decision in Ariosa Inc...
View ArticleFDA Updates Reprint Guidance, Reiterates Narrowness of Off-Label Safe-Harbor
FDA updates its recommendations for distribution of reprints, making requirements more specific and addressing additional types of materials typically distributed....By: Morgan Lewis
View ArticleGarcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014
Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014 - In Depth - Ninth Circuit panel rules that Google must remove Innocence of Muslims video from YouTube, concluding that plaintiff actress,...
View ArticleUSPTO Issues Guidance for Examining Process Patents
On March 4th, 2014, the U.S. Patent and Trademark Office (USPTO) issued “2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles,...
View ArticleThe newest mobile privacy issue: Tracking shoppers’ footsteps in stores
In our electronic-device age, new data privacy issues seem to pop up every day. Did you know that you were being tracked as you walked through a retail store?...By: Thompson Coburn LLP
View ArticleAdvertising Law - Mar 07, 2014
Site Allows Consumers to Stop Mobile Tracking - Don’t want to be tracked by retail stores while physically shopping? There’s a site for that. Retailers use tracking information to collect data about...
View ArticleWeek in Review - March 7, 2014
Some things should be kept private. This week, the blogosphere provided several anecdotal reminders of this principle for both employers and employees. As we noted in an earlier post, one former...
View ArticleImportant Announcement of a Key New Data Privacy Initiative
Rafi Azim-Khan, Partner and Head of Data Privacy, Europe at Pillsbury and Chair of the British American Business' Law Forum, was in Washington, DC yesterday to hear the important announcement of a key...
View Article“Don’t tell me not to worry, and please don’t call me partner.”
How many websites and marketing materials have you seen that identify a company’s suppliers and other vendors as “partners”? Does this mean that the company actually intends to communicate that it has...
View ArticleVictoria’s Secret Defends Dream Angels?
How important is the DREAM ANGELS brand to Victoria’s Secret? Victoria’s Secret has a robust portfolio of federally-registered trademarks to protect the DREAM ANGELS sub-brand for undergarments and a...
View ArticleNorwich Orders and Copyright Trolls
The decision of the Federal Court in Voltage Pictures LLC v John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the...
View ArticleAdvertising News & Analysis - March 2014
In this issue: - Tax Plans' New Math Is Bad News for Marketers - Novel Payment and Discount Products Harbor Hidden Risks - Siri Tells Plaintiffs What to Do with Product Demo Claims - With NAD, "I Do"...
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