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Most popular articles on Lexology

  1. Misrepresentations in advertising material for the proposed sale of land: some lessons from a recent case (Norton Rose)

    A recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for sale.

    1531 reads

  2. Tax increases for individuals start January 1, 2011 (Hodgson Russ LLP)

    A hot topic in and outside of Washington D.C. is the upcoming changes to the federal income tax rates for individual taxpayers, scheduled to take effect on January 1, 2011.

    1272 reads

  3. Top ten things to do when an employee resigns to join a competitor (Fisher & Phillips LLP)

    When an employee resigns to join a competitor, it is important to respond promptly.

    780 reads

  4. Employer wins “cat's paw” case (Foley & Lardner LLP)

    On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.

    752 reads

  5. When must a party elect between contractual termination and common law repudiation? (Rajah & Tann LLP)

    In Shell Egypt West Manzala GmbH v Dana Oil Egypt Ltd [2010] EWHC 465 (Comm), the Plaintiff ("Shell") had both the right to terminate its contract with the Defendant ("Dana") for repudiatory breach, and to terminate under a specific clause of the contract.

    719 reads

  6. A few problems with licences and how to avoid them (Kenyon & Kenyon LLP)

    It is said that those who do not learn from their mistakes are bound to repeat them.

    535 reads

  7. How effective is your Retention of Title clause? (Wragge & Co)

    The case of Bulbinder Singh Sandhu (trading as Isher Fashions UK) v Jet Star Retail Limited (trading as Mark One) (in administration) highlights that care needs to be taken to ensure that Retention of Title (RoT) clauses are effective.

    504 reads

  8. A really basic checklist for employee benefits in mergers and acquisitions (Fox Rothschild LLP)

    Lately I have been fielding a lot of questions relating to employee benefits issues in mergers and acquisitions.

    450 reads

  9. Before you charge in - part 8. Say what you really mean: the importance of making your intentions clear in commercial contracts (Wragge & Co)

    Disputes between parties to a written agreement almost always involve disagreements about the meaning and effect of particular contractual terms.

    426 reads

  10. Beach Boys vs. “California Gurls” (Brooks Pierce McLendon Humphrey & Leonard LLP)

    Singer Katy Perry, of "I kissed a girl, and I liked it" fame, has been threatened with a lawsuit over her use of the Beach Boys' timeless line, "I wish they all could be California Girls," in her hit song "California Gurls."

    349 reads

  11. Class action suit filed against Staples for alleged deceptive "buy one get one free" offer (Winston & Strawn LLP)

    A complaint was filed on Aug., 12, 2010 in the Superior Court of New Jersey on behalf of a putative class of New Jersey residents alleging that Staples' "buy one get one free" offer violated the New Jersey Consumer Fraud Act and constituted common law fraud.

    317 reads

  12. Sublicenses by exclusive licensees of copyrights - copyright "clarification" may change the law (Sheppard Mullin Richter & Hampton LLP)

    A change in the rules on copyright licensing may be coming in the near future and from an unexpected and unanticipated source.

    295 reads

  13. Check your insurance policy, and the case law, again (Fox Rothschild LLP)

    I'm not sure why we can't seem to settle the question of what IP litigation is covered under the typical Comprehensive General Liability insurance policy.

    293 reads

  14. Court of Appeal emphasises the role of mediation (Blake Lapthorn)

    In the recent appeal case of Pennock v Hodgson, a dispute over who owned a stream on the border to two properties, Lord Justice Mummery gave a neat précis of the benefits of mediation, applicable in our view to all disputes:

    292 reads

  15. What to expect when the DOL comes knocking (Franczek Radelet PC)

    I have reason to believe that a former employee is going to file a complaint with the Department of Labor.

    288 reads

  16. Employment contracts: the implied term of mutual trust and confidence (Clayton Utz)

    Employers should be wary of the possibility that a court could imply the term of mutual trust and confidence into an employment contract, and that a breach could bring consequences.

    284 reads

  17. Dividends – beware the new changes (Piper Alderman)

    There has been surprisingly little discussion surrounding one of the most fundamental changes to the Corporations Act in recent times.

    273 reads

  18. Champagne law on vodka facts (Chapman Tripp)

    In Diageo North America Inc v Intercontinental Brands (ICB) Ltd [2010] EWCA Civ 920, the UK Court of Appeal has developed the law of passing off on some intoxicating facts.

    264 reads

  19. Criminal allegations (Howes Percival LLP)

    One of my employees was allegedly seen committing a criminal act outside work by a colleague, and the police are involved.

    259 reads

  20. Proposed amendments to the Personal Information Protection and Electronic Documents Act: relief is on the way for M&A transactions (Gowling Lafleur Henderson LLP)

    The disclosure of information regarding current employees in transaction documents and schedules and the conducting of employee-related due diligence in M&A deals in Canada have been historically hampered by uncertainty in privacy legislation.

    253 reads

  21. Friend must repay inheritance, rules court (DMH Stallard LLP)

    A will made two months before the death of an elderly woman has been set aside by the High Court after it heard evidence that by 2006, when the new will was made, she was 'seriously losing her grip'.

    220 reads

  22. Rambus appeals to Federal Circuit following Commission's determination of patent invalidity (McDermott Will & Emery)

    On August 19, 2010, complainant Rambus, Inc. filed a notice of appeal with the Federal Circuit challenging the Commission’s determination in Inv. No. 337-TA-661, Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same.

    218 reads

  23. The right to request flexible working arrangements following a period of parental leave (Swaab Attorneys)

    Employers should be aware that employees have the right to request a change in working arrangements to assist the employee in caring for a child.

    217 reads

  24. Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)

    In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.

    216 reads

  25. Recent terminations highlight need for health care employers to focus on employee education regarding social media (Porter Wright Morris & Arthur LLP)

    We are starting to see an increase in the number of news articles reporting on health care facilities terminating employees for violating patient privacy on their facebook pages or other social media.

    211 reads

  1. Misrepresentations in advertising material for the proposed sale of land: some lessons from a recent case (Norton Rose)

    A recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for sale.

    1531 reads

  2. Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)

    In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.

    209 reads

  3. Boundary dispute over strip of driveway ends up in court (DMH Stallard LLP)

    An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently.

    206 reads

  4. Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)

    Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.

    184 reads

  5. The Court of Appeal provides guidance on the rules on equitable set-off; Geldof Metaalconstructie NV v Simon Carves Ltd (2010) (Mills & Reeve LLP)

    Set-off effectively allows one person to deduct from sums he owes to another, amounts that the other person owes to him.

    183 reads

  6. Specsavers v ASDA - a real eye-opener? (Herbert Smith LLP)

    The High Court has held that one of ASDA's marketing straplines used to promote its in-store optician took unfair advantage of Specsavers' Community Trade Marks (CTM) under Article 9(1)(c) of the CTM Regulation, but rejected its infringement claims made under Article 9(1)(b) and for passing-off.

    166 reads

  7. Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)

    A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.

    154 reads

  8. Employer wins “cat's paw” case (Foley & Lardner LLP)

    On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.

    149 reads

  9. Massachusetts personnel records statute amended to require employers to notify employees when negative information is placed in personnel records (Goodwin Procter LLP)

    Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.

    146 reads

  10. New rules on lenders repossessing dwelling houses (Mills & Reeve LLP)

    Shortly before dissolution the last parliament passed the Mortgage Repossessions (Protection of Tenants etc) Act 2010.

    141 reads

  11. D.C. Circuit decision ratchets up the risk for employers who use location tracking (Littler Mendelson PC)

    Employers are increasingly tracking their employees' whereabouts as smartphones, laptops, and vehicles equipped with location-tracing technology become ever more prevalent.

    140 reads

  12. Tracing claim (Wragge & Co)

    Where property is obtained by fraud, equity imposes a constructive trust on the recipient so that the property is recoverable and traceable in equity.

    127 reads

  13. Pre-action disclosure (Wragge & Co)

    An applicant for pre-action disclosure must show that its potential claim is more than merely speculative for an application to succeed.

    126 reads

  14. ECJ clears up confusion between data protection principles and the right of access to public documents (Mills & Reeve LLP)

    The recent case of the European Commission v Bavarian Lager has provided useful guidance for public bodies faced with a request to disclose public documents (eg under the Freedom of Information Act), but concerned disclosing personal data (such as names) included in the documents.

    119 reads

  15. Is your trade mark distinctive or just descriptive? (Clayton Utz)

    Exotic Limo Pty Ltd applied to register ExoticLimo (stylised) for car hire and chauffeuring services.

    113 reads

  16. Online ad network sued over tracking using flash cookies (Hunton & Williams LLP)

    On August 18, 2010, a complaint was filed in the U.S. District Court for the Central District of California, alleging that Specific Media, Inc. violated the Computer Fraud and Abuse Act, as well as state privacy and computer security laws, by failing to provide adequate notice regarding its online tracking practices.

    113 reads

  17. Adjudication and contractual interest: TCC guidance (Mills & Reeve LLP)

    The case of Yuanda (UK) Co. Ltd v WW Gear Construction Ltd (2010) has been one of the most instructive of 2010 so far.

    112 reads

  18. Custom furniture: innovative plan or illegal imitation? (Womble Carlyle Sandridge & Rice PLLC)

    Today's Wall Street Journal, San Francisco Bay Area edition, includes a very interesting article on start up furniture companies whose business model includes reproducing popular furniture designs on a custom basis.

    103 reads

  19. Information Commissioner offers guidance on school photos (Mills & Reeve LLP)

    The Information Commissioner has recently issued guidance, specifically aimed at Local Education Authorities and those working within the education sector, addressing the confusion surrounding the taking of photographs and videos in educational institutions.

    100 reads

  20. Phone cards found to be misleading and deceptive (Blake Dawson)

    The Federal Court has held that phone card sellers, Prepaid Services Pty Ltd (Prepaid Services) and Boost Tel Pty Ltd (Boost), were in contravention of the Trade Practices Act 1974 (Cth).

    100 reads

  21. French estate planning for UK residents (Blake Lapthorn)

    When dealing with inheritance planning in England, one automatically thinks of making a Will.

    98 reads

  22. Four common IRS church audit issues (Caplin & Drysdale)

    Church tax audits can be frightening, more so now than ever, with the prevailing climate of IRS tightening its controls on non-profits.

    96 reads

  23. There's no 5th Amendment in Second Life (Pillsbury Winthrop Shaw Pittman LLP)

    In the real world (at least in the US), the 5th Amendment to the Constitution states, "No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

    87 reads

  24. Traps for the unwary - tips to ensure enforceability of charitable pledges (Haynes and Boone LLP)

    When a donor attempts to cancel or withdraw from a charitable pledge, many organizations choose not to enforce the pledge in the spirit of donor and public relations.

    81 reads

  25. Corruption of government officials: gifts that keep on giving (Lang Michener LLP)

    With the recent shocking findings of the Oliphant Inquiry concerning apparently "gratuitous" cash payments to former prime minister Brian Mulroney, and the current high-profile Basi/Virk trial in British Columbia regarding allegations of bribery and corruption, it is perhaps time for a short lesson in the law related to corruption of public officials.

    80 reads

  1. Illinois enacts new law governing employer's use of credit history (Kelley Drye & Warren LLP)

    On August 10, 2010, Illinois enacted H.B. 4658, the Employee Credit Privacy Act, which governs the use of credit information for employment purposes.

  2. Beach Boys vs. “California Gurls” (Brooks Pierce McLendon Humphrey & Leonard LLP)

    Singer Katy Perry, of "I kissed a girl, and I liked it" fame, has been threatened with a lawsuit over her use of the Beach Boys' timeless line, "I wish they all could be California Girls," in her hit song "California Gurls."

  3. Sublicenses by exclusive licensees of copyrights - copyright "clarification" may change the law (Sheppard Mullin Richter & Hampton LLP)

    A change in the rules on copyright licensing may be coming in the near future and from an unexpected and unanticipated source.

  4. SEC adopts amendments that overhaul Form ADV Part 2 (Katten Muchin Rosenman LLP)

    The Securities and Exchange Commission (SEC) has adopted amendments to Form ADV Part 2 and related rules (Amendments).

  5. Facebook Places: where you want to be? (Duane Morris LLP)

    Facebook has just brought to the fore its new service called Facebook Places that allows users to alert others to their physical location and that ultimately seeks to enable Facebook to draw upon local business advertisers.

  6. Criminal allegations (Howes Percival LLP)

    One of my employees was allegedly seen committing a criminal act outside work by a colleague, and the police are involved.

  7. Update on foreign investment in Canada (Fraser Milner Casgrain LLP)

    Over the past year Canada has witnessed a number of significant developments in its foreign investment review process.

  8. Miniature horses welcome: DOJ enacts revised ADA regulations implementing Title II and Title III (Baker Donelson Bearman Caldwell & Berkowitz PC)

    With the 20th anniversary of the ADA on Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising DOJ's Title II and Title III regulations, including its ADA Standards for Accessible Design.

  9. Museums and insurance: what is the risk? (Reynolds Porter Chamberlain LLP)

    A review of insurance coverage issues for museums and how it works in practice.

  10. Bus and coach travel - are passengers protected? (Penningtons Solicitors LLP)

    More and more people are going on holiday to Europe by bus and coach transport, as many see it as a cheaper option.

  11. Bizarre patents (Roetzel & Andress)

    Anti-eating Face Mask (U.S. 4,344,424) - A mask worn on the head of a user to prevent the consumption of food.

  12. Tax increases for individuals start January 1, 2011 (Hodgson Russ LLP)

    A hot topic in and outside of Washington D.C. is the upcoming changes to the federal income tax rates for individual taxpayers, scheduled to take effect on January 1, 2011.

  13. Ninth Circuit holds that insurance agent is independent contractor, not employee (Manatt Phelps & Phillips LLP)

    The Ninth Circuit has held that an insurance agent cannot sue for sex discrimination under Title VII because she is an independent contractor, not an employee.

  14. Applicant screening fee (Fredrikson & Byron PA)

    The Minnesota legislature has made numerous changes to ensure that applicant screening fees will be used for their intended purpose.

  15. SEC adopts new rules mandating shareholder access to proxy statements (Alston & Bird LLP)

    On August 25, 2010, the Securities and Exchange Commission (SEC) adopted, by a vote of 3-2, new rules that give shareholders unprecedented access to an issuer's proxy statement.

  16. The Jumpitz Corp. v. Viacom International, Inc. (Loeb & Loeb LLP)

    Addressing Viacom’s trade dress infringement claim based on a children’s performance group’s use of an animated graphic depicting an orange shooting star splattering, district court finds that the Sleekcraft factors weigh in favor of finding a likelihood of confusion with Viacom’s orange “splat” logo used by Nickelodeon but enters judgment in favor of performance group on the trade dress claim based on Viacom’s asserted “visual system” combining a color scheme with particular shapes because Viacom did not demonstrate that the system was nonfunctional or had acquired a secondary meaning.

  17. Check your insurance policy, and the case law, again (Fox Rothschild LLP)

    I'm not sure why we can't seem to settle the question of what IP litigation is covered under the typical Comprehensive General Liability insurance policy.

  18. Digitisation and online accessibility of Europe’s cultural heritage (Advokatfirmaet Grette)

    The Commission's Reflection Group on Digitisation, established in April 2010, has now launched its consultation and seeks views on how to boost the online presence of Europe's cultural heritage.

  19. Anix and Zedek fined for collusive tendering (Cliffe Dekker Hofmeyr Inc)

    The Tribunal has confirmed settlement agreements between the Competition Commission and Anix Trading 799 CC (Anix) and Zedek Trading 799 CC (Zedek) respectively.

  20. The top five intellectual property traps in M&A transactions (McDermott Will & Emery)

    In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties.

  21. GAO: cybersecurity expectations not being met (Sonnenschein Nath & Rosenthal LLP)

    On August 16, a Government Accountability Office (GAO) report entitled "Key Private and Public Cyber Expectations Need to Be Consistently Addressed" was released.

  22. Error in debtor’s name in PPSA registration (Miller Thomson LLP)

    Fairbanx factored accounts for the debtor, Friction Tecnology Consultants Inc.

  23. New legislation changes basic employment practices in Massachusetts (Proskauer Rose LLP)

    Two pieces of legislation signed by Massachusetts Governor Deval Patrick in early August - one intended to stimulate job growth and coordinate state-funded economic development, and the other reforming the Commonwealth's Criminal Offender Record Information ("CORI") system - contain provisions that will require employers in the Commonwealth to take affirmative steps to change their current employment practices.

  24. Charity Commission offers advice against fraud (Blake Lapthorn)

    The Charity Commission has been working with the Serious Organised Crime Agency (SOCA) to help charities and the general public to avoid the kind of fraud that can affect the charitable sector.

  25. Dodd-Frank Wall Street Reform and Consumer Protection Act - application to foreign private issuers (Dorsey & Whitney LLP)

    On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act") into law.

Last updated Fri, 03 Sep 2010 02:30:01 GMT

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